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State of Oregon Proposed 0.3% TOTAL THC Change

State of Oregon Proposed 0.3% TOTAL THC Change

Fide Freight has been carefully watching the new total THC bill for the state of Oregon. In the new bill, which is being contested by many local farmers, processors, and distributors in the state, they have stated:

“(37) ‘Tetrahydrocannabinol’ includes all tetrahydrocannabinols
that are artificially or naturally derived, including but not limited to
Delta-8 tetrahydrocannabinol and Delta-9 tetrahydrocannabinol and
the optical isomers of Delta-8 or Delta-9 tetrahydrocannabinol, and
any artificially derived cannabinoid that may reasonably have an
intoxicating effect.

and

“SECTION 3. ORS 475B.211 is amended to read:
“475B.211. (1) As used in this section, ‘marijuana item’ includes:
“(a) A marijuana item; and
“(b) An industrial hemp product or commodity that:
“(A) Is found to contain more than 0.3 percent
tetrahydrocannabinol; or
“(B) Exceeds the concentration of tetrahydrocannabinol established
by the State Department of Agriculture, in conjunction with the
Oregon Liquor Control Commission, by rule.

This could be a devastating blow to not only the State of Oregon’s Hemp Program, but the country as a whole. Our Hemp Laws are normally crafted on a state-by-state basis and follow closely with the Oregon State Laws. The proposed change of total THC to 0.3% could create a snow-ball effect with other states following their lead.

The bill is HB 3000-1 – Proposed Amendments to HB 3000, 23 pages in total length. Fide Freight understands the importance of maintaining a logical amount of THC within hemp products as it allows farmers to produce CBD, CBN, CBG, etc at higher levels that can have medicinal effects that consumers need and want. Lowering the levels will have consequential fallouts to not only farmers, but the end users who depend on this to live their lives normally.

Finally, genetics that the hemp industry has perfected over the last few years would be ineligible to be harvested and used in production of CBD products. The hardworking hemp business men and women have crafted their genetics to assist their clients in the most optimal way without infringing on the 2018 farm bill regulations. If HB 3000 were to be passed, then our industry would only be able to use CBG genetics which are not as useful on a medicinal side as it’s CBD counterpart. 

Rand Paul (R) Reintroduced Hemp Economic Mobilization Plan (HEMP)

Our team wants to help increase the level to 1% total THC which would enable the hemp industry to operate while giving the government a way to protect its citizens from “Intoxicating Effects” which seems to be their main concern. Kentucky Senator Rand Paul (R) has reintroduced the Hemp Economic Mobilization Plan (HEMP) Act which would raise the federal level of Hemp THC to 1%. He has also said the testing should come from the final product derived from the plant instead of the flower itself. Source: Ganjapreneur.com

For years, I’ve lead the fight in Washington to restore one of Kentucky’s most historically vital crops by legalizing industrial hemp. We achieved a hard-won victory, but there is still work to do to prevent federal government from weighing down our farmers with unnecessary bureaucratic micromanaging. My legislation will help this growing industry reach its full economic potential, and I am proud the bill has strong support all the way from local Kentucky farmers and activists to national groups” – Sen Rand Paul Press Release

Rand Paul and much of the hemp community believes this is what the industry needs to get behind.

What can we do to help educate/guide the State of Oregon?

There is not a clear answer. Local farmers, processors, and distributors have started working with government officials to guide them in the right direction. We believe believes the State of Oregon’s total THC 0.3% doesn’t have best interest of their citizens in mind when they say, “including but not limited to Delta-8 tetrahydrocannabinol and Delta-9 tetrahydrocannabinol and the optical isomers of Delta-8 or Delta-9 tetrahydrocannabinol, and any artificially derived cannabinoid that may reasonably have an intoxicating effect” The words “Intoxicating effect” may be their attempt to combat Delta 8. Delta 8 has been the biggest grey area in the industry since it gained popularity. As a result of banning or limiting delta 8 THC, which is 10 times less potent than delta 9 THC as indicated on government patents (US20070149611A1 & US20040143126A1), will have conflicting interpretations between state and federal law. The 2018 Farm Bill states: 

“(1) HEMP.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

Source: https://www.congress.gov/bill/115th-congress/senate-bill/2667/text & https://www.congress.gov/115/bills/s2667/BILLS-115s2667pcs.pdf

Another direct impact will be the decrease in economic growth within the hemp sector. Jobs that families depend on will disappear which couldn’t come at a worse time due to the COVID-19 implications. The other problem is that it would have inverse impacts on the opposite side of the hemp industry. People who need and depend on CBD to help with any issues they may have will be negatively impacted as a result. If we start regulating cannabinoids from hemp it will have disasters effects on not only the hemp industry, but the field of medicine.

Fide Freight is willing to post any fundraisers to help the cause to this article and get this in front of the industry. Our success depends upon our customers success which aligns with our core values of giving an above and beyond experience to our customers. If you would like to read more about Delta 8 and the two arguments about its legitimacy and legality, read our article here. 

Implications of Transporting Industrial Hemp

Transporting Industrial hemp under these restrictive rules would nearly be impossible and the gray area would be pressed further. Our philosophies include operating “above water” meaning we do everything by the book. If total THC becomes 0.3% today, then 90% of our current shipments would become “Hot” and we would not be able to assist our clients and support their supply chains. Fide Freight will not put our drivers at risk knowingly as they too have families and loved ones that depend on them to produce a living.

It would also have adverse impacts on the hemp export market as American hemp would be far less desirable in the EU and Swiss markets. This would further eliminate the helping effects of CBD to not only the United States but to other countries who depend on our vast farmlands to produce their products. 

“SECTION 4. ORS 475B.227 is amended to read:
“475B.227. (1) For purposes of this section:
“(a) ‘Export’ includes placing a marijuana item in any mode of transportation for hire, such as luggage, mail or parcel delivery, even if the transportation of the marijuana item is intercepted prior to the marijuana item leaving this state.
“(b) ‘Marijuana item’ includes an industrial hemp

product or commodity that:
“(A) Is found to contain more than 0.3 percent tetrahydrocannabinol

http://olis.oregonlegislature.gov/liz/20211r1/downloads/proposedamendment/19528

 

Jon Wilcox

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