The California Department of Public Health’s Food and Drug Branch (CDPH-FDB) has announced that hemp-derived CBD cannot be used in edibles (both food and drink) for either humans or pets. The rule change is a huge blow to the state’s industrial hemp industry and has left much confusion in its wake.

In the FAQ announcing the policy change, the CDPH-FDB said, “Although California currently allows the manufacturing and sales of cannabis products (including edibles), the use of industrial hemp as the source of CBD to be added to food products is prohibited. Until the FDA rules that industrial hemp-derived CBD oil and CBD products can be used as a food or California makes a determination that they are safe to use for human and animal consumption, CBD products are not an approved food, food ingredient, food additive or dietary supplement.”

For cannabis retailers licensed through the Bureau of Cannabis Control (BCC), the rule change means that they cannot sell hemp-based CBD products, though they will still be able to sell CBD products derived from psychoactive cannabis. Hemp and cannabis are the same species of plant, but hemp contains more CBD and negligible amounts of THC.

The restriction on CBD from hemp makes even less sense considering the overabundance of CBD products available outside of retail marijuana dispensaries. Plus, the US Food and Drug Administration approved CBD-based medication, Epidiolex, to treat seizures earlier this year.

“While I disagree with the state of California’s position and approach to hemp-derived CBD – given that it is the same molecule – the law is clear and the FAQ released by the CDPH-FDB confirms the hemp-derived CBD cannot be lawfully added to a food, food product or dietary supplement,” said Dana Cisneros, an attorney with Cannabis Corporate Law Firm.

“This is devastating for small businesses in California that rely on hemp-derived CBD. This is devastating for patients that cannot afford to purchase cannabis-derived CDB products sold in BCC licensed retail establishments.

“And it is nonsensical,” she said.

Data compiled by MarijuanaBusiness Daily shows just how much participation in medical marijuana programs has declined in states that also have recreational cannabis markets. Colorado, Oregon, and Nevada have seen their medical marijuana markets undergo dramatic changes over the past few years, and the future of MMJ is anything but certain.

Of the three states, Colorado has fared the best. Since adult-use sales began in January 2014, patient counts have fallen 22 percent. And from 2014 to 2016, annual sales for medical cannabis actually increased each year before falling for the first time in 2017. So far in 2018, the downward trend has continued. Revenue fell 21 percent year-over-year to $165.8 million.

“Since April of 2017, we have observed negative year-over-year comps for medical marijuana sales. These results underscore our view that the overall Colorado marijuana market is at or near maturity and further substantiates our industry thesis that a rec market is disruptive to medical sales,” Green Wave Advisors founder and managing partner Matt Karnes told Benzinga.

In Nevada, MMJ patient counts are declining an average of 5 percent per month. Since recreational cannabis launched in October 2017, patient counts in the state have decreased 32 percent. In June, patient enrollment fell below 17,000 for the first time since March 2016.

Oregon has seen the steepest decline in their medical marijuana program. Since adult-use sales began in October 2015, patient counts have declined 42 percent. The number of registered medical marijuana patients was at an all-time high in October 2015, with 78,045 patients. In 2018, only 45,000 patients are registered under the medical marijuana program.

In addition to falling patient numbers, there are changing demographics in the patient base. In Colorado, the average age of a medical marijuana patient has increased from 41 in January 2014 to 44 as of June 2018. 22 percent of patients in Nevada are older than 65, up from 19 percent of patients in October 2017. The average age of patients in Oregon is up 6 percent from October 2015, with 19.4 percent of patients 65 or older.

Red and swing states that have traditionally opposed marijuana legalization have been slowly coming around, moving the U.S. closer to national legalization.

Last month, Oklahoma became the 30th state to legalize medical marijuana. Oklahoma has long been known as a conservative, “law-and-order” state, so the fact that a medical marijuana initiative passed with a 57% to 43% margin shows just how much public opinion has shifted.

In Missouri, three (and possibly four) medical cannabis measures could make it onto the ballot this fall.

In Utah, where there’s been fierce opposition from cannabis prohibitionists, voters will finally have their say on medical marijuana. The Salt Lake Tribune released a survey last October that found that 75 percent of the state’s registered voters support medical cannabis.

In Maine–a blue state with an independent electorate and a Tea Party Republican governor–the state legislature overturned Gov. Paul LePage’s veto of a medical marijuana reform bill. One of the most progressive medical marijuana programs in the country, the bill eliminates requiring qualifying conditions allows physicians, nurse practitioners, and physician assistants to recommend medical cannabis at their discretion. Dispensaries in the state will also be allowed to operate more like pharmacies, and patients will be allowed to possess a whopping 8 pounds of cannabis.

Last year, North Dakota voters surprised marijuana advocates by passing a medical marijuana initiative. They may be set to do the same thing this year after the North Dakota Marijuana Legalization Initiative collected more than 18,000 signatures in support of legalizing cannabis for adults 21 and older. If state officials verify at least 13,482 of those signatures, North Dakotans will vote on legalizing recreational marijuana in November.

The swing state of Michigan could become the ninth state (plus the District of Columbia) to legalize recreational marijuana this November. The state legislature took up a citizen-initiated proposal to allow adult-use and commercial sale of cannabis in June but failed to garner enough support. A poll conducted by the National Organization for the Reform of Marijuana Laws (NORML) conducted a survey in February that polled 600 Michiganders on their support for November’s ballot initiative. The poll showed that 61% backed the proposal, and among younger voters (18-34), support was at 87%.

Friday, July 6th at 9:30pm
(after Josh’s 7pm show)

@Comedy Works
(South Landmark location)

21+ free admission – no tickets or RSVP required!

For more than a year we’ve worked with our friend, comedian Josh Blue, who has joined the cannabis community as medical consumer and as an advocate for change. We’re extremely proud of our collaboration: Josh Blue’s Dream Suckers – blueberry, cherry and watermelon suckers infused using our unique process and Josh’s favorite cannabis strain, blue dream.

Come join us for our OFFICIAL LAUNCH PARTY celebrating our work together. We’ll have LIVE MUSIC, SNACKS and DRINKS!

Also come see Josh’s show at Comedy Works!

For tickets, visit:
https://www.comedyworks.com/comedians/josh-blue

(edit: may already be sold out!!)

See you at the party!