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Tennessee Bill Would Regulate the Sale of Delta-8 THC

✇HighTimes Magazine
By: Benjamin M. Adams

Tennessee leaders are again putting forth a bill that would regulate hemp-derived cannabinoids like delta-8 and delta-10 THC, after a previous attempt failed last year. Some hemp advocates applauded the bill, while others would rather simply legalize cannabis, naturally rich in delta-9 THC.

State House Majority Leader William Lamberth (R-Portland) and Sen. Richard Briggs, (R-Knoxville) introduced a bill on Tuesday to regulate products containing hemp-derived cannabinoids, such as delta-8 and delta-10 THC—his second attempt to do so.

House Bill 403 would tax and regulate cannabinoids derived from hemp via what some describe as synthetic processes. Typically products with delta-8 THC are marketed as being somewhat psychoactive, with effects weaker but similar to delta-9 THC.

“Delta-8 is a legal substance that can be sold and packaged in the form of candy or gummies; it often has a very high concentration of THC,” Rep. Lamberth stated. “There are no regulations and no legitimate way for anyone to know exactly what they are buying. Nothing in our current law prohibits a child from purchasing delta-8.”

The bill would ban the sale of hemp-derived cannabinoid products to people under the age of 21; adds a 5% additional sales tax to any product sold at a store; and create a licensing, quality testing, regulatory and enforcement process through the Tennessee Department of Agriculture.

“We need to regulate this because the horse is out of the barn,” Sen. Briggs said. “This stuff is everywhere, and we can’t put that genie back in the bottle.”

What is Delta-8 THC?

The idea is that hemp-derived CBD can be converted to other compounds, frequently being marketed as psychoactive. This doesn’t mesh with the general U.S. definition of hemp, bred specifically to not be psychoactive.

Delta-8 THC occurs naturally, but only in trace amounts: According to Chemical & Engineering News, cannabis plants naturally contain just 0.1% delta-8 THC or less—though some plants contain as much as 1%. Jeffrey Raber, cofounder and CEO of the Werc Shop told C&E News that there isn’t enough delta-8 THC found naturally in hemp to be economical for extraction.

But hemp growers in the state are supportive of the bill despite some suspicion about emerging hemp-derived cannabinoids. “We support anything that doesn’t put burdensome regulations on the industry,” Kelley Hess, executive director of the Tennessee Growers Coalition, said.

While hemp growers may support delta-8 products, others do not.

Artists such as Margo Price support legalization, but don’t support hemp-derived cannabinoid products in Tennessee. Opponents don’t like the way certain cannabinoids are extracted from hemp, which usually means altering the CBD molecule, which is found in hemp in larger amounts, using natural solvents and acids.

Tennessee! Legalize cannabis, grow it, eat it, smoke it and TAX IT! People are just gonna cross state lines and do it anyway. This Delta 8 shit had got to go! https://t.co/8CJKwDRk5x

— Margo Price (@MissMargoPrice) December 17, 2022

Attempt to Regulate Delta-8 Last Year

While some states moved to restrict hemp-derived cannabinoids, such as Utah, Tennessee would be taking a much different approach by regulating it instead.

Rep. Lamberth sponsored an earlier attempt to regulate delta-8 THC and similar compounds. Some Tennessee lawmakers and the Tennessee Bureau of Investigation said that by regulating delta-8, the state would be legitimizing the industry. 

House Bill 1927, which was introduced previously, would regulate delta-8 by making it illegal in most cases outside trace-level concentrations. The bill was amended in April 2022 to be more specific to include other hemp-derived THCs such as delta-9 and 10 and the derivative hexahydrocannabinol (HHC), but exclude non-THC hemp cannabinoids such as CBD.

Tennessee is one of 11 non-green states that hasn’t legalized, regulated, or decriminalized cannabis in some form. 

The post Tennessee Bill Would Regulate the Sale of Delta-8 THC appeared first on High Times.

Upstate New York Officials Clash Over New Cannabis Regulations

✇HighTimes Magazine
By: Thomas Edward

City and county officials in upstate New York are at odds over the implementation of rules governing the sale and cultivation of marijuana in the community. 

The dispute is between the Niagara Falls City Council and members of the Niagara County Planning Board, and it centers around how the community will enforce the sale of recreational marijuana, which was legalized by the state of New York in 2021. 

The Niagara Gazette reports: “The Niagara County Planning Board unanimously decided to disapprove a zoning text amendment the Niagara Falls City Council approved a month ago, which allows for the cultivation, production and sale of recreational cannabis within the city. Despite this decision, the members knew their actions would have little effect on the city’s implementation. The county board members’ objections ranged from not being specific on locations to the city seeing little financial benefit from having these businesses operate in the Falls.”

Under the ordinance that was approved by the Niagara Falls City Council last month, “cannabis dispensaries engaging in sales only can operate between 8 a.m. and 2 a.m., those that allow on-site consumption may operate from 8 a.m. to 4 a.m., and may not operate more than 70 hours a week,” and retail “dispensaries may not be located within 500 feet of a community facility while consumption dispensaries may not be within 200 feet of a house of worship, 500 feet of a school or ‘community facility,’ and 1,000 feet of similar operations,” according to the Niagara Gazette.

New York’s Office of Cannabis Management issued 36 recreational marijuana dispensary licenses to various businesses and nonprofits in the state in November, but so far, only two retailers––both located in Manhattan––have opened to customers.

The Office of Cannabis Management says that cities, towns, and villages could have opted out of allowing adult-use cannabis retail dispensaries or on-site consumption licenses from operating within their jurisdictions, but those municipalities needed to “pass a local law by December 31, 2021 or nine months after the effective date of the legislation.”

The agency explains: “If a municipality does not opt-out by December 31, 2021, the municipality will be unable to opt-out at a future date. However, a municipality may opt back in, to allow either, or both, adult-use retail dispensary or on-site consumption license types by repealing the local law which established the prohibition. All local laws passed by municipalities opting out of allowing adult-use retail dispensaries or on-site consumption licenses are subject to a permissive referendum as outlined in section twenty-four of the Municipal Home Rule Law. This creates a process allowing voters of the municipality to petition the outcome of a local law, which if successful, will trigger the question of whether or not to approve the local law, to be placed on the ballot at the next general election of state or local government officials for the municipality.” 

No municipality can “opt-out of adult-use legalization,” according to the Office of Cannabis Management.

According to the Niagara Gazette, Kevin Forma, the city planning director of Niagara Falls, “said the directions that all municipalities received from the state are similar to liquor ordinances and the requirements for having a bar,” and that the “state was also restrictive in what the city can do for allowing and disallowing uses.”

“The state is telling us that we cannot restrict this,” Forma said during the planner’s meeting on Monday, as quoted by the Gazette. “We’re developing this to the best of our ability, managing this in conjunction with the state rules and regulations.”

The post Upstate New York Officials Clash Over New Cannabis Regulations appeared first on High Times.

Weed-Funded Rec Center Opens in Aurora, Colorado

✇HighTimes Magazine
By: Thomas Edward

The city of Aurora, Colorado hosted a grand opening on Tuesday for its brand new 77,000-square foot, nearly $42 million recreational facility that was funded entirely by tax revenue generated from legal marijuana sales. 

Known as the “Southeast Recreation Center and Fieldhouse,” the facility boasts a slew of amenities, according to local news station KDVR: “A 23,000-square-foot fieldhouse with temperature controlled indoor environment; A full-sized field with professional-grade turf; An 8,000-square-foot multiuse gymnasium [that] will be able to accommodate one main basketball court, two cross basketball courts, two volleyball courts or three pickleball courts; A 1/9-mile long track elevated above the fitness area and gymnasium; A 7,600-square-foot fitness area with state-of-the-art equipment, including: A functional fitness area; An outdoor fitness space; A fitness studio; A large community room; [and a] natatorium, which in turn is comprised of: A 125,000-gallon swimming pool with a maximum depth of seven feet; A spa pool with water jets; A leisure pool that includes a 25-yard, four-lane lap pool, a lazy river, and a 20-foot-tall waterslide.” 

The city broke ground on the facility in early 2021, and it is the second new recreational facility to open in Aurora in the last four years.

The other rec center, which opened in 2019, was also funded by taxes from marijuana sales, according to KDVR. The news outlet Westworld reported that the Aurora City Council in 2020 “approved increasing the city’s sales tax on recreational marijuana from 7.75 percent to 8.75 percent, with the additional revenues going to fund youth violence prevention projects.” 

“We are excited to open our newest recreation center and fieldhouse,” Brooke Bell, the director of the Aurora Parks, Recreation and Open Space, said in a press release from the city earlier this month. “After an extensive community engagement process, the feedback received guided the creation of this exceptional facility; we look forward to the community enjoying the space they helped envision for years to come.”

In the press release, the city said that the Southeast Recreation Center is located “near several neighborhoods and the Aurora Reservoir,” and that “the center is a regional destination boasting the first indoor fieldhouse within the city in addition to a variety of other amenities and breathtaking views of the Colorado mountains.”

The construction of the two recreational facilities in Aurora serve as “proof of concept” for advocates who helped Colorado become one of the first two states to legalize recreational cannabis a little more than a decade ago when voters there approved Amendment 64. 

Supporters of marijuana legalization have long contended that a regulated cannabis retail market could be an economic boon for state and local governments. 

“Colorado did what no one had done before,” Colorado Gov. Jared Polis said at an event in October commemorating the 10th anniversary of the state’s legalization measure, as quoted by the Denver Gazette. “With voter [approval] of Amendment 64, we made history and therefore it is fitting that we are celebrating today 10 years here at History Colorado.”

Polis, a Democrat, has worked to strengthen the marijuana law. Last summer, he signed an executive order “to ensure that no Coloradan is subject to penalization for the possession, cultivation, or use of marijuana as this substance is legal in Colorado as a result of Amendment 64,” his office announced at the time.

“The exclusion of people from the workforce because of marijuana-related activities that are lawful in Colorado, but still criminally penalized in other states, hinders our residents, economy and our State. No one who lawfully consumes, possesses, cultivates or processes marijuana pursuant to Colorado law should be subject to professional sanctions or denied a professional license in Colorado. This includes individuals who consume, possess, cultivate or process marijuana in another state in a manner that would be legal under Colorado law,” Polis said in a statement.

The post Weed-Funded Rec Center Opens in Aurora, Colorado appeared first on High Times.

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