Difference Between Hemp Analogs

In a decisive move to redefine the classification of hemp products in the United States, the federal government passed the Agriculture Improvement Act of 2018. More commonly known as the Farm Bill, this legislation excludes hemp from the Controlled Substances Act, removing its ‘Schedule I’ drug status, while allowing individual states to regulate their own hemp production.

As a result of the Farm Bill, the commercialization of hemp-derived products has experienced substantial growth across the country. However, these hemp alternatives do exhibit varying characteristics. Cannabinoids containing tetrahydrocannabinol (THC), the primary psychoactive compound found in cannabis, exhibit diverse chemical compositions and potency levels, which tend to vary from product-to-product.

The Differences Between Hemp Analogs

In recent years, cannabidiol (CBD) has gained prominence due to its purported anti-inflammatory, pain-relieving, and sleep-enhancing properties. Hemp analogs containing THC are more widely recognized for their psychoactive effects, whereas CBD is non-psychoactive. Tetrahydrocannabinolic acid (TCHA), an analog that in its unprocessed form is also non-psychoactive, undergoes conversion into a form of THC when smoked or vaped.

Hemp-derived products with intoxicating properties also include variants like Delta-8 THC, and Delta-9 THC, which have surged in popularity and accessibility nationwide, according to the Brightfield Group’s 2024 Hemp THC Consumer Overview. This industry report highlights the rising popularity of consumable products like THC-infused gummies and beverages, and projects that the value of the market will increase to $3.5 billion by 2028, up from just $200 million in 2020.

Bad Actors in the Hemp Industry

Purveyors of these products have a responsibility to adhere to industry standards and should be compliant with state and federal laws and regulations. While there are businesses that operate in this manner, there are others that pose a significant risk to their customers through the sale of synthetic hemp alternatives that do not meet compliance standards or carry misleading labels.

“When you use the word ‘synthetic,’ what you’re really talking about is the condemnation of these bad actors in the business,” said Gary Bierfriend, the founder and COO of the Cannabis Expo (CanXpo), an annual cannabis-centric event that was first launched in 2018. Bierfriend says that these rogue players tend to exploit regulatory loopholes where enforcement proves to be lacking.

“There are these unknown manufacturers that are not putting labels or care into their products, and are just doing a money grab at gas stations. They try selling unlabeled products where they might not use the same type of discipline as a regulated or licensed entity would otherwise use, because they don’t have to,” he added.

Adhering to the Farm Bill

There are clear exceptions where companies that sell hemp alternatives adhere to the requirements specified in the Farm Bill, along with the hemp laws that are laid out by state and local governments.

One such business is Dragon Hemp, based in Sag Harbor, New York. This retailer offers a therapeutic brand that blends hemp extracts with Chinese medicinal herbs, which are formulated to reduce pain and inflammation while also improving sleep and boosting recovery, according to owner, Kevin Menard. Dragon Hemp is also very transparent when it comes to identifying product ingredients and making third-party testing results available for every item sold.

Menard has a background in sports medicine as an acupuncturist, and first took an interest in hemp alternatives when CBD products began saturating the market around 2017. Menard says that he was skeptical of CBD at first, and the claims that it was a “magic bullet” and cure-all for a wide array of ailments.

However, after doing some extensive research, he learned about the endocannabinoid system and how CBD works with receptors to reduce systemic inflammation. He also discovered that the central nervous system could also become inflamed and that symptoms relating to conditions like insomnia, anxiety, Crohn’s Disease, and autoimmune conditions could be treated with CBD.

“For me, that was a light bulb that just went off, and it was very interesting,” Menard said. “I introduced it to my clinic and saw good results. And I said, ‘you know what?’ I can improve on these outcomes by blending in specific Chinese herbs. Herbs for injuries, for trauma, for pain, and herbs for sleep. So, that kind of became my mission in 2018.”

Currently, Menard sells a wide range of CBD-infused products along with a selection of THC-infused offerings as well. Dragon Hemp’s best-selling item is its sleep tincture, which consists of 50mg of full spectrum CBD and 10mg of cannabinol (CBN) per dose. Each dose also contains 1.9mg of hemp-derived THC.

“The [sleep tincture] is blended with a Chinese herbal formula that’s based on a classic formula that was actually developed eons ago to address insomnia in menopausal women,” Menard said. “So, I tweaked it to be more universal and it is super effective. It helps you get a deeper rest.”

The second best-seller, according to Menard, is his hemp-derived Delta-9 gummy, which is 5mg of Delta-9 THC per gummy, and claims to be “formulated to elevate your mood and give you a euphoric buzz.”

Despite hemp being legalized federally, hemp businesses and the consumers who use these products are still subject to state law.

Michael Minardi, a Florida-based attorney with 23 years of legal experience, has spent much of his career advocating for those individuals charged with cannabis offenses, while making concerted attempts to move the Sunshine State to look more favorably upon cannabis.

“I’ve been advocating forever on the legislative side and for organizations and things of that nature. I ran a couple of ballot initiatives here in Florida for legalization as well. That’s mostly what I do currently,” Minardi said.

He added, “During Covid, we set up a lot of hemp companies and businesses and things like that. So, we do civil litigation regarding issues, whether it be employment issues or anything related to discrimination. We then set up businesses and assist with applications here in the state.”

Also Read: Premier Global Cannabis Conference ICBC Returns

The Future of Hemp Alternatives

The future of hemp products will likely be determined by potential changes to the Farm Bill, and what laws are presented or in some cases, rescinded by governing bodies that weigh in from state-to-state.

Consumers of hemp products should continue to stay informed and only purchase from reputable vendors that are able to accurately demonstrate what active ingredients exist in the products that they sell.

Asked about the future of the market, Bierfriend said, “I think the whole industry is hoping for common sense regulations. If it walks like a duck, if it talks like a duck, if it looks like a duck, it’s a duck. And regulators need to homogenize these products, instead of having lobbyists from pharmaceuticals battling them, and hemp and cannabis battling each other.”

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