Episode 346 – Jobs, Jobs, Jobs!

Andrew Livingston and first-time guest Ngiste Abebe join host Heather Sullivan to talk about the growth in legal marijuana jobs and the pressing need to address social equity disparities within the entrepreneurial community. Produced by Shea Gunther.

News & Links:
New York Governor Reveals Amendments To Marijuana Legalization Plan Weeks Before Budget Deadline | Marijuana Moment

New Jersey Lawmakers Send Marijuana Compromise Bill To Governor’s Desk, Setting Stage For Legal Sales | Marijuana Moment

Oregon marijuana firms enjoy booming market fueled by pandemic, consumers shunning illicit suppliers | Marijuana Business Daily

Photo: Beverly Yuen Thompson/Flickr

Delta 8: Shipping Vape Ban Goes Into Effect Soon – What Does It Means?

If you recall, about 1 month ago we covered the upcoming vape product shipping ban that was snuck onto page 5,136 of last year’s COVID relief bill. At the time, there was still a lot of confusion about what shipping companies would be included and when these new measures would take place. Now we have some more updates and can offer additional clarity about what exactly is going on.

Last month’s article was based off the text of the omnibus bill, of which the specifics up for speculation because we weren’t exactly sure if this ban would cover only tobacco vape products or if it would extend to the cannabis industry. As it stands, all vape products fall under the category of tobacco, whether they actually contain tobacco or not.

Now, we have updates from the United States Postal Service and a few other shipping companies, so we’ll give it to you straight from the horse’s mouth this time.

one of the main products that will be affected from this new vape-ban are Delta-8 THC vapes. People who got used to pay between $19.95-$29.95 for a premium cartridge, will finds the same product sold for double. As a result we have seen a sharp rise in the demand for Delta-8 vape bundles, where vape carts are sold for under $12/cart, when bought as-part of a bundle.

The best Delta-8 THC deals are reserved for the subscribers of the Delta 8 Weekly newsletter. Want ot get $12 Delta 8 vape carts? Subscribe below to be included!

United States Postal Service (USPS)

As part of the amended PACT (Prevent All Human Trafficking) Act, the USPS now prohibits the delivery of “ENDS” products, directly to consumers. The term ENDS stands for Electronic Delivery Nicotine Systems, but the term is used loosely to include “any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device,” including “an e-cigarette; an e-hookah; an e-cigar; a vape pen; an advanced refillable personal vaporizer; an electronic pipe; and any component, liquid, part, or accessory of a device described [above], without regard to whether the component, liquid, part, or accessory is sold separately from the device.”

Although the USPS doesn’t have any official statement posted on their website, the cutoff for shipping vape products is 120 days after the enactment of the CARES act, which falls on April 27, 2021. All it says on their website right now, is as follows, “Cigarettes and smokeless tobacco are restricted items and can only be mailed in limited circumstances. Cigars may be mailed domestically.”

Get Delta-8 THC vape cartridges for as low as $12/cart, when bought as part of a bundle

United Parcel Service (UPS)

As per their website, the “UPS is prohibiting the shipment of Vaping Products throughout its U.S. network (including import and export). For the purpose of this prohibition, Vaping Products includes any and all noncombustible liquid or gel, regardless of the presence of nicotine, capable of being used with or for the consumption of nicotine. All related vape devices, products and accessories are included in this prohibition.” This will be effective April 5, 2021.

This is an update from their previous policy, which can be found a bit further down on that same page. Their outdated rules are as follows, “Electronic cigarettes and other Vaping Products are considered Tobacco Products for the purpose of this policy, and therefore can be shipped only by Shippers who have been approved for and have signed a UPS agreement for the transportation of Tobacco Products.”

“Shippers are responsible for complying with such all laws restricting or prohibiting the shipment of Vaping Products, even if such laws are the subject of a legal challenge or have been enjoined from enforcement at the time of shipment. Shippers are also responsible for monitoring legislative enactments regarding Vaping Products and complying with such laws immediately as of the date such laws take effect.”

Fedex and Dalsey, Hillblom and Lynn (DHL)

Fedex already prohibits the shipping of tobacco products, which includes vape products. According to their website, “Even if you have proper licenses and are authorized to ship tobacco products, we will be unable to accept your shipment. Tobacco and all tobacco products cannot be accepted at any FedEx or FedEx Office location.”

This includes but is not limited to:

  • Cigarettes 
  • Cigars
  • Loose tobacco 
  • Smokeless tobacco 
  • Hooka or shisha
  • Vaporizers 
  • E-cigarettes 

Fedex has previously confirmed that it will end shipping of vapor products on March 1, 2021.  DHL, (Dalsey, Hillblom and Lynn) the other major shipping service based out of Germany that offers international shipping, previously banned domestic retail shipments of e-cigarettes and all other nicotine products.

More about USPS and the vape ban

In addition to banning USPS deliveries of vaping products, the “Preventing Online Sales of E-Cigarettes to Children Act” forces companies and individuals who are legally selling vape products to adhere to many new, and very stringent, regulations. For example, they will be required to:

  • Register with the U.S. Attorney General/ATF
  • Verify age of customers using a commercially available database
  • Use private shipping services that collect an adult signature at the point of delivery
  • If selling in states that tax vaping products, sellers must register with the federal government and with the tobacco tax administrators of the states
  • Collect all applicable local and state taxes, and affix any required tax stamps to the products sold
  • Send each taxing state’s tax administrator a list of all transactions with customers in their state, including the names and addresses of each customer sold to, and the quantities and type of each product sold
  • Maintain records for five years of any “delivery interrupted because the carrier or service determines or has reason to believe that the person ordering the delivery is in violation of the [PACT Act]”

Sellers who do not register or don’t comply with the requirements of the PACT Act are subject to severe penalties, including which can range from hefty fines to prison time. These provisions apply to all online sales, no matter which carrier ships them.

What does the vape ban means dor Delta-8 THC vape cartridges?

Unfortunately, one rule applies for both nicotine, CBD and Delta-8 THC vape cartridges so starting next month your ability to get them online will be limited! As a result, starting March clients who will try to buy Delta-8 THC vape cartridges online, will have to pay more for the same product, as alternative shipping solutions will be much more expensive.

We estimate that the same product, sold today for between $19.95-$29.95, will cost double few weeks from now.

It might be a very smart move to stock-up on Delta-8 THC products today, while you still can…

What will happen next?

Well, things might get a bit complicated for a while until everyone figures out what they’re going to do. As you know, the cannabis industry is one of the most adaptable out there and even complete prohibition couldn’t stop it from taking off, so I wouldn’t worry about this vape ban too much.

Sellers of vape products will find other companies to do the shipping for them. It might be pricier for a while, but eventually, these costs should level out. It’s hard to say exactly what will happen, but as soon as we get anymore information, you know we will be covering it here. Make sure you subscribe to the CBD Testers Weekly Newsletter to get all the latest news delivered straight to your inbox!

The post Delta 8: Shipping Vape Ban Goes Into Effect Soon – What Does It Means? appeared first on CBD Testers.

Friday, February 19, 2021 Headlines | Marijuana Today Daily News

Marijuana Today Daily Headlines
Friday, February 19, 2021 | Curated by host Shea Gunther

// N.J. legal weed revived again as Murphy gets another reprieve from lawmakers. But it’s far from a done deal. (NJ.com)

// Draft of bill aims to curb underage use of concentrated THC set potency cap in Colorado (KOAA News 5 NBC)

// North Dakota Lawmakers Approve Marijuana Legalization Bill In Committee (Marijuana Moment)


These headlines are brought to you by Cova Software, the number one dispensary point-of-sale system in North America! Swing over today to see why two thirds of all Canadian cannabis stores run on Cova software, which is also the fastest growing dispensary software in the U.S., with more than a hundred new client dispensaries open for business in January alone!


// Cannabis bill with no commercial production cap passes committee (Taos News)

// Tax Court Rules Against Harborside In 280E Case (Green Market Report)

// Oklahoma medical marijuana sales surpass $800 million for 2020 (Marijuana Business Daily)

// Oregon marijuana firms enjoy booming market fueled by pandemic consumers shunning illicit suppliers (Marijuana Business Daily)

// Oregon marijuana firms enjoy booming market fueled by pandemic consumers shunning illicit suppliers (Green Market Report)

// Tilray Delivers Solid Quarter As Revenue Rises 20% (Green Market Report)

// NFL Explores How Marijuana And CBD Can Be Used As Opioid Alternatives For Players (Marijuana Moment)

Check out our other projects:Marijuana Today— Our flagship title, a weekly podcast examining the world of marijuana business and activism with some of the smartest people in the industry and movement. • Marijuana Media Connect— A service that connects industry insiders in the legal marijuana industry with journalists, bloggers, and writers in need of expert sources for their stories.

Love these headlines? Love our podcast? Support our work with a financial contribution and become a patron.

Photo: Phil Murphy/Flickr

Tuesday, February 16, 2021 Headlines | Marijuana Today Daily News

Marijuana Today Daily Headlines
Tuesday, February 16, 2021 | Curated by host Shea Gunther

// New Mexico adult-use marijuana bill advanced by state House panel (Marijuana Business Daily)

// South Dakota AG abandons effort to defend adult-use marijuana initiative (Marijuana Business Daily)

// Washington Lawmakers Approve Drug Decriminalization Bill In Committee Vote (Marijuana Moment)


These headlines are brought to you by Cova Software, the number one dispensary point-of-sale system in North America! Swing over today to see why two thirds of all Canadian cannabis stores run on Cova software, which is also the fastest growing dispensary software in the U.S., with more than a hundred new client dispensaries open for business in January alone!


// New York Governor To Send Amended Marijuana Legalization Plan To Lawmakers Amid Criticism (Marijuana Moment)

// Massachusetts medical cannabis patient numbers top 100,000 (Marijuana Business Daily)

// Michigan’s marijuana industry surpasses Oregon in cannabis jobs report says (Michigan Live)

// Recreational pot sales have more than doubled since Maine’s market launch (Central Maine)

// Mississippi Senate Approves Alternate Medical Marijuana Program Hours After Defeating It (Marijuana Moment)

// Canopy unloads British Columbia cannabis greenhouses at large loss (Marijuana Business Daily)

// Cannabis spurs creative but unrealistic ideas study shows (Marijuana Business Daily)

Check out our other projects:Marijuana Today— Our flagship title, a weekly podcast examining the world of marijuana business and activism with some of the smartest people in the industry and movement. • Marijuana Media Connect— A service that connects industry insiders in the legal marijuana industry with journalists, bloggers, and writers in need of expert sources for their stories.

Love these headlines? Love our podcast? Support our work with a financial contribution and become a patron.

Photo: imageMatters1/Flickr

Is Delta-8 THC Legal? What Does The Law Says?

Attitudes to cannabis products in the country are changing. In many states, it is legal to buy marijuana for medical use, and some states also allow recreational use of weed.

It’s not always simple, though. There are so many variations in the laws regarding what you can own, who can legally buy marijuana, and how much you can buy. Plus, variations in the products are causing more confusion. For instance, in many states CBD products are legal because of their low THC content, but other cannabis-derived products are outlawed.

Another complication is the fact that there are different properties within different cannabis products. One of the variations is the type of THC, mainly Delta-9 and Delta-8 THC, which is causing some controversy. The legal stance on cannabis products containing this type of THC are a matter of some debate. In short, for the question ‘Is Delta-8 THC Legal?‘ there is no simple yes or no answer.

Before going deep into the various complications surrounding the legality of Delta-8 THC, we would like to remind you that the best products are always reserved for the subscribers of the Delta 8 Weekly Newsletter. Subscribe below to claim $12 vape cart, premium delta-8 THC flowers, organic delta 8 gummies or any other products, only available to our subscribers.

What is Delta-8 THC?

Let’s start with the the National Center for Biological Information (NCBI) describes delta-8 THC as follows: “An analogue of tetrahydrocannabinol (THC) with antiemetic, anxiolytic, appetite-stimulating, analgesic, and neuroprotective properties.” But what exactly does “analogue of THC” mean?

Just like D9, Delta 8 THC (tetrahydrocannabinol) is a naturally occurring, minor cannabinoid found in the cannabis plant. Unlike Delta 9 THC, which is the most abundant compound in the cannabis plant, Delta 8 is only found in trace amounts. Delta 8 is not even produced by the enzymes in cannabis, rather, it is created when Delta 9 THC oxidizes and slowly degrades into Delta 8. Further degradation of Delta 9 would create the cannabinoid CBN (cannabinol).  

The main difference between Delta 8 and Delta 9 THC, structurally all comes down to one molecule, which can make a huge difference in the world of chemistry. As the name implies, Delta 8 THC has a molecular bond on the 8th carbon chain, whereas Delta 9 has this bond on the 9th chain.

As with other tetrahydrocannabinols, Delta 8 THC is a partial agonist for both the CB1 and CB2 receptors, meaning there are effects to be felt in numerous different parts of the body, despite having weaker psychoactive potency.

Is Delta-8 THC legal federally?

So, why is there so much debate? How come delta 8 could be legal federally? 

The 2018 farm bill legalized the production of hemp, and everything that is in the anatomy and genetic makeup of hemp, other than delta 9. If hemp has the delta 9 THC within then this must be below 0.3%. So, in theory, delta 8 THC is not covered by this federal bill.

Some people think this is effectively a legal loophole.

Like most cannabis laws, there is a lot of variation from state to state, so you need to check the local laws on the use of the substance.

The reason so many people are using this cannabinoid is the fact that it is psychoactive. The whole point of capping the content of THC content allowed in marijuana is to avoid this effect.

This has led to a variety of different impacts on the industry, too. The prices of delta 8 products seem to have gone up significantly as a result.

Is delta 8 illegal under the federal 2018 Farm Bill and DEA rules?

It looks like the DEA could be on the brink of some changes. The “Implementation of the Agricultural Improvement Act of 2018” aims to outlaw THC that is synthesized from CBD which has come from hemp.

It’s currently only really legal because of a legal inconsistency, but most tetrahydrocannabinols are scheduled for one drug. This means that the bill from the DEA will aim to impact upon the legalities of the substance.

If you read the 2018 Farm Bill, it seems like delta 8 is not prohibited if it has originated in hemp rather than THC-high marijuana. The DEA has made things a bit more complex, and done very little to change the gray area we’re currently in.

In 2020 the DEA said that all products that exceed the 0.3% threshold of delta 9 are scheduled one, including products that have been processed to increase this potency. If you’re processing hemp and the delta 9 ends up being a lot more than 0.3%, this could make the product illegal.

Vitally, the law also says that synthesized tetrahydrocannabinols are controlled, whether or not the delta 9 content increases above the threshold.

The way that delta 8 is usually produced means that there is yet another gray area on whether or not the DEA’s rulings make this illegal, regardless of the THC content.

Attorneys are still debating about this, and it is very unlikely that there would be a lawsuit based on what is effectively a technicality. Plus, it isn’t totally sure that the DEA really has the capability to make this judgement. 

There are a lot of things that are pretty unclear about the substance. At the moment, it is fair to say that it is not likely that anyone would be prosecuted for possessing or consuming it, but this is not something that anyone can totally guarantee.

The 2018 Farm Bill was certainly put in place to try and add more regulations to THC, and who knows what changes might be made in the future.

In early 2021, the USDA published its “ hemp rule” which describes the hemp production regulations that they are proposing. It is called the “Establishment of a Domestic Hemp Production Program” and has some important distinctions. The delta 8 and delta 9 content must be considered under one THC measurement. It must also be measured once the product has been heated to activate it.

The rules were published in the register shortly before the president Biden administration came into the White House. This doesn’t mean it automatically takes effect. The current administration will need to review these and rules don’t come into effect until later in the year.

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Is delta-8-THC illegal under the Oregon state law?

Individual state law may make the laws on THC even more confused, and delta 8 THC is no different.

Whatever the federal law states, each of the states of the US has its own set of laws relating to the use of delta 8 THC and other cannabis and hemp products. How it is regulated can get confusing, as can intrastate transfers. Can delta 8 products be transferred between one state and another legally?

Oregon’s laws specify total THC content rather than being specific about delta-8 or delta-9. Whatever type of THC, the content has to be under 0.3%.

In Oregon, it seems that THC that comes from hemp is allowed, just as long as it complies with the rules outlined by the Department of Agriculture for Oregon.

If THC content does exceed 0.3%, regardless of whether this is through Delta-8 THC or Delta-9, whoever is selling it must be licensed to sell in a recreational way. Recreational marijuana is legal in the state of Oregon, but there are still some rules and regulations. Sellers have to be licensed by the Oregon Liquor Control Commission.

Unfortunately, it remains clear that the hemp and marijuana industries are still going through a lot of changes and transitions regarding the law. This means that there are a lot of different outlooks and potentially even legal debates. The way the substance has been processed seems to be a big part of any of the legal debate.

In the eyes of the law, there are many different things that could come into consideration if you are producing or consuming delta 8. If you are involved in the production or sale, legal advice is always a good idea, and allows you to take state-specific laws into account.

Predictions for The Future

It seems that there is a real plan to come down hard on the use of delta 8 THC, especially in the locations in the US where cannabis is illegal. The same could have been said for other types of cannabis, and even CBD products.

If you went back in time 20 years, not many people would have predicted that weed would be legal in so much of the USA by this point, but so many states are waking up to the benefits of the laws changing, and putting this into their own laws. 

Who’s to say that delta 8 won’t follow a similar path? The impacts of delta 8 are slightly different from delta 9, and there could be a big shift in the attitudes people have towards it. People who were staunchly against any cannabis products a few years ago might even take CBD products.

Cannabis has culturally been important for a number of years, and the attitudes seem to be shifting. Canada has legalized cannabis. However, in the US, there are a few more complexities due to state law. If you live in one of the states where THC content isn’t so much of an issue, it is possible that the legal outlooks on delta 8 won’t impact upon you much. However, if you are using a loophole to consume THC in the form of delta 8 then the legal proceedings this year might be something to keep a close eye on, as the Biden administration could change rules to encompass THC content of any type.

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The post Is Delta-8 THC Legal? What Does The Law Says? appeared first on CBD Testers.

Friday, February 12, 2021 Headlines | Marijuana Today Daily News

Marijuana Today Daily Headlines
Friday, February 12, 2021 | Curated by host Shea Gunther

// Virginia Marijuana Legalization Bill Takes Another Step Toward Finish Line (Marijuana Moment (Center Square))

// Colorado Marijuana Sales Almost Hit $2.2 Billion in 2020 (Denver Westword)

// South Dakota governor to delay medical cannabis program until 2022 (Marijuana Business Daily)


These headlines are brought to you by Atlantic Farms, a Maine-based multistate cannabis business with operations in Maine and Massachusetts. Atlantic Farms is looking for people to help it grow and evolve as investors. Open up TheAtlanticFarms.com for more on the company and email info@theatlanticfarms.com to learn about investment opportunities.


// Colorado awards first adult-use cannabis delivery license (Marijuana Business Daily)

// Cannabis MSO Green Thumb nets $100M through initial US stock sale (Marijuana Business Daily)

// Columbia Care Raises C$25 Million Primarily From Single Institutional Investor (New Cannabis Ventures)

// Canopy Growth Records $829 Net Loss In Third Quarter (Green Market Report)

// Aurora Cannabis Reports $292 Million Net Loss Even As Revenue Rises (Green Market Report)

// Marijuana Legalization Has Majority Support In North Carolina Poll Finds (Marijuana Moment)

// Weed stocks tank as Reddit trade loses momentum (CNBC)

Check out our other projects:Marijuana Today— Our flagship title, a weekly podcast examining the world of marijuana business and activism with some of the smartest people in the industry and movement. • Marijuana Media Connect— A service that connects industry insiders in the legal marijuana industry with journalists, bloggers, and writers in need of expert sources for their stories.

Love these headlines? Love our podcast? Support our work with a financial contribution and become a patron.

Photo: imageMatters1/Flickr