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Cannabis industry report advocates for ‘level playing field’ between hemp and marijuana

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A new report by the libertarian nonprofit Reason Foundation blames “arbitrary” business model structures – and their resulting competition – for hemp and marijuana on illogical federal laws that conflate the two plants, which are essentially the same but with differing cannabinoid profiles.

“The proliferation of intoxicating hemp-derivative products like delta-8 THC stems primarily from the fact that hemp-derivatives are cheaper and more accessible because they are not federally prohibited and not yet burdened by state regulations to the same extent as marijuana,” the report states. “There is clearly a demand for intoxicating cannabis products, and consumers will continue to seek out such products whether they are defined as marijuana or hemp and whether they are legal or illicit.”

The report offers sweeping policy suggestions that – if implemented – could create a “level playing field” between the two sectors, which as of now is far more tilted in favor of hemp. Such businesses can sell products online and across state lines and in common retail outlets such as convenience stores.

“The market for intoxicating hemp derivatives … has grown sharply, with industry experts estimating its size at $28 billion to $36 billion in annual sales nationally, supporting nearly 330,000 workers across the country,” the report notes, insinuating that the hemp genie is out of the proverbial bottle, thanks to the 2018 Farm Bill.

Farmer income from hemp flower – from which intoxicating hemp goods can be made – also accounts for 95% of income from the plant, the report found.

The rise of the intoxicating hemp industry has also led to a corresponding rise in the number of new actions taken by concerned state lawmakers, the report noted, with 10 states passing some sort of hemp product regulations in the first half of 2024 alone.

The report found that 15 states have banned intoxicating hemp products altogether, another 21 have not regulated the products at all, and seven states have regulated intoxicating hemp as consumer packaged goods. Another seven states have regulated the products in the same manner as marijuana, an astonishing addition to the national patchwork of state marijuana laws.

But the federal legalization of hemp and its unintended opening of THC floodgates has also pitted marijuana and hemp business interests against each other, due to the definition of hemp being cannabis plants with 0.3% delta-9 THC by dry weight, an “arbitrary” definition that dates back to 1976.

In an ideal scenario, the report asserts, Congress would choose to remove cannabis altogether from the Controlled Substances Act – instead of the current rescheduling move that’s underway – and then have various federal agencies issue business rules and regulations for both psychoactive and non-psychoactive products, the same as the government does for alcohol and tobacco goods.

That could open the door to states doing away with their restrictive regulatory regimes for marijuana, which the report notes were developed largely to avoid interference from federal officials.

“States authorizing a commercial marijuana market should work to increase market dynamism by reducing barriers to entry, along with regulatory and tax costs, to more closely align the cost structure within these markets with that of emergent hemp-derived competition,” the report argues.

The report suggests that most of the restrictive marijuana industry parameters – including license caps for retailers – could be done away with in favor of traditional age-gating at retailers such as liquor stores, which are accustomed to checking identification of consumers before allowing any sales.

“Broadly, we recommend a package of reforms to state marijuana laws that would establish identical packaging, labeling, and testing requirements for intoxicating hemp and marijuana products and subject both sets of products to the same advertising requirements,” the report states. “Both sets of goods should face a single, simplified tax structure and both should operate in an open, dynamic market wherein the entry and exit of firms is unimpeded.”

“Any retailer who can demonstrate competency for appropriate age-gating should be free to apply for a retail cannabis license that allows them to purchase and resell both state-licensed marijuana products and intoxicating hemp products,” the report suggests.

By leveling the national playing field, marijuana brands would gain interstate commerce and access to the entire national market, while hemp companies would gain more certainty on what the legal and regulatory landscape is, instead of having to operate in a continually-shifting environment, the report proposes.



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Nebraska medical cannabis regulations stall in legislative committee

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A Nebraska legislative committee voted 5-3 against advancing a bill designed to implement and regulate the state’s medical cannabis program, leaving legislators and advocates searching for alternative paths forward, according to the Nebraska Examiner.

The General Affairs Committee rejected Legislative Bill 677, sponsored by State Sen. Ben Hansen of Blair, during a Thursday vote where committee members declined to offer amendments to the legislation, the publication reported.

“I don’t want to shut all the doors right now, but some doors are closing, and they’re closing fast, and so we have to act,” Hansen told reporters after the vote, according to the Examiner.

Nebraska voters approved medical cannabis in November 2024, with residents legally permitted to possess up to 5 ounces with a healthcare practitioner’s recommendation since mid-December. However, the regulatory commission created by the ballot initiative lacks effective power and funding to regulate the industry.

Hansen described his legislation as “a must” for 2025 to prevent a “Wild West” scenario in the state’s cannabis market. The bill would have expanded regulatory structure through the Nebraska Medical Cannabis Commission and extended deadlines for regulations and licensing to allow more time for implementation, the Examiner noted.

Committee disagreements centered on proposed restrictions. A committee amendment would have prohibited smoking cannabis and the sale of flower or bud products while limiting qualified healthcare practitioners to physicians, osteopathic physicians, physician assistants or nurse practitioners who had treated patients for at least six months.

The amendment also would have limited qualifying conditions to 15 specific ailments including cancer, epilepsy, HIV/AIDS, and chronic pain lasting longer than six months.

State Sen. Bob Andersen of Sarpy County opposed allowing vaping due to concerns about youth drug use, while committee chair Rick Holdcroft suggested selling cannabis flower would be “a gateway toward recreational marijuana,” a claim Hansen “heavily disputed,” according to the Examiner.

Hansen now faces a difficult path forward, requiring at least 25 votes to pull the bill from committee and then needing 33 senators to advance it across three rounds of debate, regardless of filibuster attempts.

Crista Eggers, executive director of Nebraskans for Medical Marijuana, remained optimistic despite the setback.

“This will not be the end,” Eggers said, according to the outlet. “Giving up has never been an option. Being silenced has never been an option. It’s not over. It’s not done.”

The legislative impasse is further complicated by ongoing litigation. Former state senator John Kuehn has filed two lawsuits challenging the voter-approved provisions, with one appeal pending before the Nebraska Supreme Court. The state’s Attorney General is also trying to do something about the hemp question, akin to other states across the country.



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One of Las Vegas’ cannabis lounges closes its doors

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Nevada’s cannabis lounge experiment faces some expected growing pains, with one of just two state-licensed venues closing its doors after barely a year in business, according to the Las Vegas Weekly.

“The regulatory framework, compliance costs and product limitations just don’t support a sustainable business model,” said Thrive Cannabis managing partner Mitch Britten, who plans to convert the space into an event venue until regulations loosen up.

The closure leaves Planet 13’s Dazed Consumption Lounge as the only operational state-regulated cannabis lounge in Nevada. Dazed manager Blake Anderson estimates the venue attracts around 250 customers daily, primarily tourists. One other establishment, Sky High Lounge, has operated since 2019 on sovereign Las Vegas Paiute Tribe land exempt from state regulations.

Even with Nevada regulators conditionally approving 21 more lounge licenses, potential owners are struggling to meet the $200,000 liquid assets requirement – particularly social equity applicants from communities hit hardest by prohibition.

Recreational marijuana has been legal statewide since 2017, but public consumption remains prohibited. That’s created an obvious disconnect for the millions of tourists who visit Las Vegas annually but have nowhere legal to use the products they purchase. The state recorded roughly $829 million in taxable sales during the 2024 fiscal year.

“It always comes down to money, and it’s difficult to get a space if you can’t afford to buy a building. On top of that, getting insurance and finding a landowner who’s willing to lease to a cannabis business is a challenge in and of itself,” said Christopher LaPorte, whose consulting firm Reset Las Vegas helped launch Smoke and Mirrors, told Las Vegas Weekly.

Many think the key to future success lies in legislative changes that would allow lounges to integrate with food service and entertainment – playing to Las Vegas’s strengths as a hospitality innovator. In the meantime, the industry will continue to adapt and push forward.

“Things take time,” LaPorte said. “There’s a culture that we have to continue to embrace and a lot of education that we still have to do. But at the end of the day, tourists need a place to smoke, and that’s what these places are.”



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Psyence Group consolidates its shares

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Psyence Group Inc. (CSE: PSYG) told investors that it will be consolidating all of its issued and outstanding share capital on the basis of every 15 existing common shares into one new common share effective April 23, 2025 with a record date of April 23, 2025. As a result of the consolidation, the issued and outstanding shares will be reduced to approximately 9,387,695 on the effective date.

This is the second time a Psyence company has consolidated shares recently. In November, its Nasdaq-listed associate, Psyence Biomedical Ltd. (Nasdaq: PBM), implemented a 1-for-75 share consolidation as the psychedelics company worked to maintain its Nasdaq listing.

Psyence Group reported earnings in February when the company delivered a net loss of C$3 million and was reporting as a going concern. At the end of 2024, the company said it had not yet achieved profitable operations, has accumulated losses of C$48,982,320 since its inception.

Total assets at the end of 2024 were C$11,944,478 and comprised predominantly of: cash and cash equivalents of C$10,611,113, other receivables of C$159,808, investment in PsyLabs of C$1,071,981 and prepaids of C$68,243.

Still, the company is pushing ahead. Psyence told investors that it has historically secured financing through share issuances and convertible debentures, and it continues to explore funding opportunities to support its operations and strategic initiatives. “Based on these actions and
management’s expectations regarding future funding and operational developments, the company believes it will have sufficient resources to meet its obligations as they become due for at least the next twelve months,” it said in its last financial filing.

The company said it believes that the consolidation will position it with greater flexibility for the development of its business and the growth of the company.

 



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