Medical marijuana contends with intoxicating hemp

Published 12:00 am Sunday, August 25, 2024

The medical marijuana industry has broad support in Mississippi. In 2020, 69% of voters approved the medical marijuana initiative (later nullified by the Mississippi Supreme Court). In 2022, the Legislature overwhelmingly passed the Mississippi Medical Cannabis Act establishing a highly regulated, high quality industry. Less than a year later over 20,000 medically qualified Mississippians were benefitting from medical marijuana.

Yet in its 2024 session the Legislature failed to stand with the popular, developing industry against largely unregulated, potentially unsafe competition.

Newsletter sign up WIDGET

Email newsletter signup

The FDA and CDC have cautioned against use of intoxicating hemp products, stating these are largely unregulated, not systematically tested for additives or contaminants, and often lack labeling or are mislabeled with respect to product contents.

House bill 1676 sought to bring intoxicating hemp products under medical marijuana guidelines. Proponents pointed to an investigation that found products containing pesticides, mycotoxins, and 30 to 40 times the legal tetrahydrocannabinol limit. Hemp growers fought the bill.

Synthesized forms of THC added to normal hemp extract produce intoxicating hemp products. These products are sold over the counter in convenience stores, gas stations, etc. Some can provide relief similar to medical marijuana. Both houses passed versions of the bill, but it died in conference.

In a letter to Congress, the attorneys general of 20 states, including Arkansas and Tennessee, called the lack of regulation of intoxicating hemp products “a crisis issue” impacting public safety.” Mississippi was not included. Arkansas, which has a medical marijuana industry similar to Mississippi, banned intoxicating hemp products.

Production of medical marijuana in Mississippi is tightly controlled. Growers must qualify for permits. Individual plants are tracked once they reach six inches in height through maturity and conversion into product. Products must pass quality inspections at an independent lab approved by the Mississippi State Department of Health. Producers are also subject to unannounced quality inspections.

Today, Mississippi’s industry serves over 43,000 active patients at 161 open dispensaries; 61 cultivators and 65 micro-cultivators grow product; 31 facilities process the product; and five labs provide quality analysis.

Still emerging, the industry is not without challenges beyond hemp competition. The MSDH recently issued new regulations regarding mold, and the preventive equipment required to irradiate plants during the drying process adds significant expense. In addition, the surge of cultivators and processors after legislative approval of medical marijuana resulted in an overbuilt industry. For example, in Arkansas 38 dispensaries serve 102,000 patients compared to the current Mississippi numbers above. And there are unique federal tax issues for dispensaries.

If Mississippi wants a strong medical marijuana industry, the Legislature needs to protect it during its infancy as Arkansas did.

Crawford is a syndicated columnist from Jackson.