Home Posts tagged Hemp
Special Coverage The Cannabis Industry

Natural Resources

Tim Van Epps

Tim Van Epps with some of the ‘mother plants’ growing indoors at Heritage CBD’s Northampton facility.

Tim Van Epps volunteers with an organization called Fairways for Freedom, which helps combat-injured vets assimilate back into society through holistic initiatives and golf, teaching them the game and sponsoring trips to great courses around the world.

That’s where Van Epps, president of the Sandri Companies, first saw the benefits of cannabidoil, or CBD, a chemical compound made from the hemp part of the cannabis plant.

“I saw veterans who were taking 30 different pills a day, and a lot of these veterans are just using CBD now, and that’s it,” he told BusinessWest. “I saw 25 guys who were doctor-prescribed drug addicts, and now they’re on CBD, and their lives have changed dramatically. I saw what this could do. I saw what it did for one of my older brother’s sons, and for folks with stage-4 cancer. I’ve watched with my own two eyes what it’s done for a lot of people who had a lot of problems.”

He’s done much more than observe, however, launching a company called Heritage CBD almost three years ago with Sarah McLaughlin, a nutritionist and registered sports dietitian who had built a whole-foods company called Sun Valley Bars, sold it to Nature’s Bounty, and was looking for a new challenge in the natural-products world.

“We took the idea to start a hemp/CBD company in the carriage house on my property,” Van Epps said, and soon after moved to a 17,000-square-foot property on nearby Industrial Drive in Northampton, where the company now works with well over a dozen farms that grow hemp, which is processed into a mulch-like substance called biomass, then processed into the line of oils, lotions, tinctures, gummies, and other products Heritage sells today.

“We wanted to do everything, soup to nuts — or seed to sale,” he explained, but emphasized the company’s relationship with local farmers as a critical component to his vision.

Heritage CBD founders

From left, Heritage CBD founders Tim Van Epps and Sarah McLaughlin and President Jake Goodyear.

“Many have been hurt financially over the past 10 years, and for many, the next generation doesn’t want to go into the business, so farms out here are struggling,” he said. “We saw hemp as a value-added cash crop we could introduce to the farming community. This was all about jobs, first and foremost — creating jobs in Western Massachusetts.”

Michael Lupario’s vision was multi-faceted as well. With a degree in environmental science from UMass Amherst, he’s long been passionate about soil sciences and promoting cleaner, more sustainable ways to farm.

Meanwhile, his interest in plant-based medicine goes back to high school, when he learned to forage medicinal plants and experimented with making teas and oils. As president of Western MA Hemp, he now combines his desire to farm with the opportunity to bring plant-based medicine to a broader audience.

“My company’s focus has always been intertwining cannabis back to the larger pharmacopia that is herbal medicine — to not only show the efficacy of cannabis, but get back to this broader realm of plant-based healing,” Lupario explained. “There’s a lot of misinformation and confusion out there about hemp and CBD and cannabis, and we want to bring it to people and explain what we do and how it’s done.”

“There’s a lot of misinformation and confusion out there about hemp and CBD and cannabis, and we want to bring it to people and explain what we do and how it’s done.”

Like Van Epps, he’s seen plenty of people use CBD to relieve pain, anxiety, restlessness, and other conditions — some of the same issues for which medicinal marijuana is often used, but without the psychoactive ingredient THC (the stuff that gets users high), which is present in only the barest sense in CBD.

“I find a certain set of consumers are looking for that psychoactive side; that’s appealing for them. For others, it deters them from cannabis. Some can integrate it into their lifestyle with no problems, but others may be drug-tested on the job.”

Michael Lupario

Michael Lupario

Whether seeking out marijuana or CBD for chronic injuries or any number of other conditions, in many cases, “conventional medicine is not working, and they’re looking for something new — they’re willing to try anything,” Lupario said. “They just want to feel better.”

While providing products that many customers swear by — although the products themselves, because they’re not FDA-approved, are not allowed to make specific medical claims — companies like Heritage CBD and Western MA Hemp have set down roots (literally and figuratively) in a field that’s still rapidly changing, in ways both regulatory and otherwise.

 

Overcoming the Stigma

Jake Goodyear, who ran the Renewable Energy division at Sandri before moving into the role of Heritage CBD president, said it wasn’t initially a move he wanted to make.

“I was a skeptic,” he told BusinessWest. “I’d been brainwashed into the stigma around cannabis and marijuana. It took me a while just to get my head around the history of the plant — and then I got mad that my point of view was so twisted on this subject because of what I had been told my whole life. When I got over that, I realized there was a huge opportunity here, and there really was nothing negative about hemp and CBD, and there are a lot of positives.”

One of the first challenges was regulatory, as the federal government still listed hemp and CBD as a Schedule 1 drug, so Heritage was unable to access a bank account or merchant services for credit-card payments. That changed with the 2018 Farm Bill, though THC-rich cannabis remains federally illegal as a Schedule 1 drug. Still, the state has offered its own unique series of barriers.

“Massachusetts policy gave us a license to grow hemp and process it into specific products like tinctures and gummies and soft-gel capsules,” Goodyear said, “but there was no regulatory pathway to sell them to market.”

For that reason, product sales at both Heritage and Western MA Hemp are largely online. Both companies emphasize multiple layers of third-party testing to ensure the products are clean, free of pesticides and toxins, and contain the ratios of ingredients they claim.

“I had a cannabis background — I was a fan of cannabis, both medical and recreational; it helped me a lot,” said Lupario, who launched his business a couple years ago with mentor and arborist Jim Sweeney. “He took me under his wing and provided some finances to allow me to put to use what skills and knowledge I had.”

The company also wholesales hemp flower and biomass to various processors for industrial uses; in fact, that’s the more lucrative side of the business while Lupario continues to grow his line of wellness products.

“It takes time to build a brand. We knew we wouldn’t be able to make our operating costs with what we made from these products … so what we don’t use in our products goes into the wholesale line,” he explained. “Because we grow our own material, we can keep margins down, have competitive pricing, and still create a really high-grade product.”

Trays of CBD-infused gummies

Trays of CBD-infused gummies are ready for packaging at the Heritage plant.

On a similar note, on a tour of the Heritage plant, Van Epps paused in the room where gummies are being infused with CBD to point out a rack of the gummy substance in bulk sizes without any CBD, which Heritage sells to cannabis companies that infuse it with THC, which he is legally unable to handle.

“Right now, this is what pays the bills, our bulk formulation,” he said. “We could morph into a candy company.”

McLaughlin said she brings a strong science background to her work at Heritage, citing the six different tests — checking for everything from pesticides to potency — each product has to pass along the production journey. “We wanted everything evidence-based. We really came at this trying to make the highest-quality product possible.

“It seems like a bit of a stretch from being a dietitian, but if you think about what a dietitian does, we study the effects of what you consume and how it affects your body, and this is no different,” she went on. “I saw all the potential and all the different areas CBD could help. And since we started, more and more research has come out about the positive effects of CBD. It’s exciting work, with incredible potential to help people.”

Van Epps said a growing public awareness about the benefits of CBD helps boost sales, but competition is fierce, too. “There are so many brands. What brands do you trust? We’re seeing lot of inferior brands that tried to get rich quick fall by the wayside.”

The key for Heritage, he added, is to stand out with quality products that are tested in transparent ways.

“We had a blank slate at first,” McLaughin said. “Anything known about formulating came from the black market, and you almost had to scrap it all and start over and understand there was most likely a better way of doing it.”

 

Altered States

More industry standardization would be another ‘better way’ to do business, said all those we spoke with. For instance, while Massachusetts limits THC levels in CBD to 0.3%, Vermont allows 1%. “In a perfect world, you’d standardize the rules across the country,” Van Epps said.

Added Lupario, “you’ve got to be able to pivot and deal with all the upheaval of laws and everything that comes with the ever-changing dynamics of the agriculture industry. You’re going to see that for the next couple of years until it settles down a bit; that will come with more federal oversight. We’re getting there.”

Van Epps said it’s been a tough year for some in the hemp industry, especially for farms that planted too much, too soon. “They thought it was a get-rich-quick scheme, and unfortunately, a lot of farmers got hurt by that. Farmers who didn’t bite off more than they could chew will tell you it’s a good business, worth investing in, and they see long-term growth. It’s exciting.”

Goodyear said less than 25% of American adults have tried a CBD product, so there’s plenty of room for growth; in fact, he sees the potential for Heritage to expand from about 20 employee today to 150 in a couple of years.

The trend toward greater public awareness is certainly good for business, Lupario said, but it also boosts his mission to give cannabis and hemp a stronger connection to natural, plant-based wellness.

“It’s another plant within the herbal pharmacopeia,” he said — one whose story continues to blossom in Massachusetts and beyond.

 

Joseph Bednar can be reached at [email protected]

Law

Cannabis, Marijuana, and Hemp

By Chris St. Martin and Sarah Morgan

Late last month, the U.S. Department of Agriculture published regulations on domestic hemp production. However, there remains significant confusion surrounding the legality of cannabis, marijuana, and hemp.

Chris St. Martin

Sarah Morgan

This confusion comes from state and federal governments’ shifting approaches to regulating these industries. It is even more difficult to understand the legal framework surrounding retail sales, which include hemp and CBD products, as well as marijuana products sold by state-licensed dispensaries. In this article, we hope to provide some clarity regarding what the laws say about cannabis and how they are being enforced.

What Is Cannabis?

Cannabis is a plant genus, or family, composed of three species: Cannabis sativa, Cannabis indica, and Cannabis ruderalis. The species have physical variations between them that allow them to grow in different environments, flower at different periods during the growth cycle, and contain different chemical properties (see discussion on cannabinoids below) that produce different sensations when ingested.

Strains (think, ‘flavors’) produced from the Cannabis sativa species tend to incite feelings of euphoria, boost energy and creativity, and lead to a more head-focused high. Cannabis indica, alternatively, primarily affects the body, and is often helpful in reducing muscle aches and pains and inducing sleep. For these reasons, strains cultivated from indica plants tend to be more useful for medicinal purposes.

“THC, or tetrahydrocannabinol, is the cannabinoid responsible primarily for producing the psychoactive effect, or the ‘high,’ commonly associated with ingesting cannabis.”

Cannabis ruderalis is somewhat between sativa and indica, and has lower yields, but can often be cross-bred with other species to create medicinal strains. The stems of this species can also be used to make clothing and textiles.

The flowering buds of the cannabis plant produce a resin that contains cannabinoids, which are unique chemical compounds found only in cannabis and interact with different receptors in the user’s central nervous system to produce the effects described above.

The ratio of the cannabinoids in a particular strain depends on the genetics of the plant from which it is derived — in other words, how the plant has been bred by selectively combining sativa and indica plants to emphasize particular cannabinoids over others and create a unique strain with individualized characteristics.

More than 100 cannabinoids have been identified, most notably THC and CBD.

THC, or tetrahydrocannabinol, is the cannabinoid responsible primarily for producing the psychoactive effect, or the ‘high,’ commonly associated with ingesting cannabis. Although THC is most notable for its psychoactive properties, it has also been purported to have medical benefits on the user and can be used to treat a variety of conditions, including seizures, inflammation, pain, nausea, depression, and anxiety.

CBD, or cannabidiol, has anti-anxiety effects on the user and is utilized primarily for its purported medicinal benefits. It does not produce psychoactive effects (in fact, it may lessen the psychoactive effects of THC), and, for this reason, although CBD and THC have similar medicinal benefits, some people may choose to ingest only CBD to avoid feeling the ‘high’ brought about by THC.

CBD can be extracted from the resin of the cannabis plant and can be processed into essential oils, tinctures, and other non-smokable forms. CBD can even be added to body-care products and applied topically.

Marijuana or Hemp?

The term ‘marijuana’ is generally used to identify cannabis that is cultivated for its intoxicating effect on a user. Marijuana was made effectively illegal under federal law with the passage of the Marijuana Tax Act of 1937.

The Legislature later classified, and criminalized, marijuana as a Schedule 1 narcotic under the Controlled Substance Act of 1970, during the nascent ‘war on drugs’ declared by President Nixon. Classification as Schedule 1 — alongside heroin, LSD, and ecstasy — means that marijuana is deemed to have no currently accepted medical use and a high potential of abuse.

Public sentiment has recently begun to reject this classification of marijuana and the total federal prohibition. Although, at this writing, marijuana remains illegal at the federal level, 11 states, including Massachusetts, and the District of Columbia, have passed laws legalizing marijuana for recreational use, and 23 others have legalized the use of medical marijuana. Since 2016 in Massachusetts, individuals age 21 or older may possess up to an ounce or more on their person and up to 10 ounces in their homes without violating Massachusetts law.

The Cannabis Control Commission (CCC), the agency tasked with regulating the state’s marijuana industry, provides further information regarding the Massachusetts law on its website.

Cannabis that is selectively bred for non-intoxicating properties is considered ‘hemp.’ Industrial hemp is one of the oldest cultivated crops in the world and is useful in formulating textiles, rope, paper, plastics, insulation, oil, and body-care products. Because of this selective breeding, hemp plants contain only trace amounts of THC, but their CBD levels are unchanged.

“State and federal legal developments have created a confusing CBD marketplace. Stores everywhere are selling CBD products intended for human consumption and making health claims about such products. However, both types of sales are illegal, according to state and federal agencies.”

Hemp is cultivated to enhance its distinctively versatile qualities, such as longer, more fibrous stalks and shorter leaves, rather than for the leaves and flower buds for which marijuana plants are cultivated. Because of this, hemp cannot be consumed as an intoxicant. Nevertheless, the Controlled Substances Act did not distinguish between marijuana and hemp (since both are technically cannabis) in classifying marijuana as a Schedule I substance; therefore, hemp was swept up in the heyday of the war on drugs and made illegal.

Changing Legal Framework

Under the Farm Bill of 2018, the U.S. Congress, for the first time, legalized the production and sale of hemp at the federal level, eliminating its status as a Schedule I narcotic. The Farm Bill and regulations define hemp as cannabis containing not more than 0.3% THC. Cannabis plants containing any quantity of THC above that amount are classified as marijuana, and remain illegal under federal law. In late October, the USDA published interim regulations on hemp production, which means they are subject to change after a public comment period but were effective immediately.

These regulations also set forth licensing requirements, procedures for testing THC levels and disposal of non-compliant plants, and rules governing other aspects of the industry.

The FDA has taken a more cautious approach, citing concerns about whether CBD is safe to consume in food and supplements. In an April 2019 statement, the agency sought to clarify its position on hemp products. The statement indicated that enforcement resources are directed toward illegal sales of CBD products that claim to prevent, diagnose, treat, or cure serious diseases, such as cancer.

However, it also stated that it is unlawful to introduce CBD-containing food into interstate commerce or to market CBD products as dietary supplements.

This means that effectively all CBD food products, including those derived from legally grown hemp, are unlawful, according to the FDA. The only hemp products that can be legally added to foods are hulled hemp seed, hemp-seed protein powder, and hemp-seed oil, because the seed of the hemp plant contains neither CBD nor THC.

The FDA has undertaken to develop CBD regulations, but despite repeated urging from the USDA and members of Congress, the former FDA commissioner indicated that that the rule-making process around CBD food products would be more complex than conventional products and could take years.

Massachusetts legalized hemp production as a component of the same 2016 law that legalized recreational cannabis. However, after the change of law at the federal level, both the state Department of Agricultural Resources and Department of Public Health issued policy statements on the same day imposing strict rules on hemp products. These two statements echo the FDA’s prohibitions on adding CBD to food products and making health claims about CBD.

What Can We Buy and Sell?

These state and federal legal developments have created a confusing CBD marketplace. Stores everywhere are selling CBD products intended for human consumption and making health claims about such products. However, both types of sales are illegal, according to state and federal agencies. Consumers, retailers, growers, and other stakeholders are looking for information about what is legal, what is not, and why there is so much ambiguity.

CBD derived from marijuana remains illegal under federal law. However, the U.S. attorney in Massachusetts has indicated he will not direct his office’s resources to federally prosecute cannabis companies that are permitted under state law, a move that has allowed the cannabis industry in Massachusetts to flourish. Under this state’s regulatory regime, marijuana products containing CBD, as well as THC, can be bought and sold at cannabis dispensaries that are licensed by the CCC.

Retailers in Massachusetts sell cannabis flower, edibles, concentrates, and other forms of marijuana containing both THC and CBD. CCC regulations do not classify edible marijuana products as food, allowing dispensaries to sell CBD-infused edibles without contravening the state Department of Public Health’s policy.

In contrast, despite the federal and state legality of producing hemp, some of the most popular hemp-derived CBD products — food and supplements — cannot be sold under either state or federal law. Nevertheless, the CBD industry may avoid total extinction, since CBD can be added to topical lotions and other cosmetics without defying the laws.

Non-food CBD products, however, represent a small percentage of the potential uses of CBD, and the loss of a valuable opportunity for introducing additional, more profitable products containing CBD into the marketplace adds further demand for the FDA to promulgate its promised CBD rules. Furthermore, hemp can be legally sold for rope, clothing, building material, and other non-ingestible uses, but hemp farmers have stated that Massachusetts currently lacks the manufacturing infrastructure necessary to process the plant for these purposes.

Chris St. Martin and Sarah Morgan are both litigation associates at Bulkley Richardson; (413) 781-2820.

buy ivermectin for humans buy ivermectin online buy generic cialis buy cialis payday loans online same day deposit 1 hour payday loans no credit check