Hoban Law: Cannabinoids 101

Cannabinoids 101 By Patrick Goggin|April 29th, 2021|Marijuana The cannabis plant, including both hemp and marijuana, like most plants is comprised of multiple parts including the stalk and stem, leaf, flower, and seed. Within the flower, amongst other material reside over 144 cannabinoids: biologically active, chemical constituents. These cannabinoids, also produced by other plants, interact with our endocannabinoid system in a myriad of ways. However, because of the 75-year federal prohibition of marijuana and hemp, we are only just beginning to discover more fully the effect of cannabinoids on the endocannabinoid system, and the system in general. Just a few years ago most doctors knew little to nothing about the endocannabinoid system because it has generally not been part of medical school curriculum. That is changing. The most popular cannabinoid, THC (tetrahydrocannabinol), and its intoxicating effect, resulted in marijuana prohibition and reefer madness in 1937 after the end of alcohol prohibition. One of the consequences of this was a virtual shutdown of research on cannabinoids in the United States. While marijuana remains federally illegal, beginning with California in 1996, states started moving the needle on medical cannabis decriminalization and a gradual increase in research. Other countries like Israel have lead the way in cannabis research helping us to better understand cannabinoids and their effect on humans. Over the past decade, CBD (cannabidiol) has gained in popularity as we have become more aware of its beneficial effects. Hemp, cannabis with less than 0.3% THC, is now often grown for its flower and CBD content. CBD has been shown to support daily bodily functions, including reducing inflammation, and is a helpful therapy for conditions such as epilepsy and multiple sclerosis. The predominant, major cannabinoids THC and CBD are just the tip of the iceberg. Minor cannabinoids – like CBN (cannabinol) and CBG (cannabigerol) – are now coming to the fore; CBN has been discovered to have sleep therapy properties. Marijuana, or high THC cannabis, is strictly regulated at the state level because of its psychoactivity. Hemp on the other hand is regulated separately as an agricultural crop, much less stringently than marijuana. That said, regulation of CBD products has remained murky as the FDA has delayed the adoption of rules regulating the sector. In the FDA’s absence, states have lead the way in CBD product regulation. Generally, CBD product manufacturers are regulated by state departments of public health as food processing facilities. Thus, consumer protection is being achieved in states that have passed CBD regulating legislation. Given the relatively nascent nature of cannabis regulation, new cannabinoid discoveries and trends are happening with greater speed. Issues surrounding naturally occurring and synthetically derived cannabinoids are mounting and lines being drawn. Ultimately, products with intoxicating cannabinoids will find themselves in the marijuana regulated space while consumers will regularly find hemp products on mainstream retail shelves. If you have any questions, please contact the Hoban Team today!