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CBD Industry Takes the Fight to the DEA

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Harmony, RE: Botanicals CEO Janel Ralph Leads Industry Lawsuit Challenging DEA’s Proposed Rules on Hemp

By Steven Hoffman

The U.S. Drug Enforcement Administration (DEA) just made the wrong person mad. 

By issuing in late August an interim final rule to regulate hemp that is separate from USDA’s, many hemp business leaders feel DEA’s IFR could seriously threaten the hemp extracts market.

Enough so that Janel Ralph, CEO of two leading hemp extract brands including Harmony (aka Palmetto Harmony) and RE: Botanicals, has taken the initiative to file a federal lawsuit challenging DEA’s rule and perceived interference in the industrial hemp market. 

In particular, manufacturers are challenging DEA’s rule stating that any hemp product exceeding the federal limit of 0.3% THC during manufacturing is considered a Schedule I controlled substance, even if the final product contains less than the 0.3% limit.

The petition was filed on September 18, 2020, in the U.S. Court of Appeals for the District of Columbia Circuit by RE Botanicals, Inc. in partnership with the Hemp Industries Association. A leading hemp extract manufacturer based in South Carolina, RE Botanicals in 2019 acquired Palmetto Synergistic Research (dba Harmony), which was founded in 2015 by Janel Ralph, inspired to develop products to serve her special needs daughter Harmony.

“We are a small, woman-operated company,” said Ralph. “The DEA’s new rule could put us out of business overnight.”

The lawsuit claims DEA’s interim final rule is unlawful because it exceeds the DEA's legal authority and violates the Agriculture Improvement Act of 2018, also known as the Farm Bill. 

The DEA’s rule clarifies the agency’s position that all hemp derivatives or extracts exceeding 0.3% THC shall remain Schedule I controlled substances. According to the petitioners, this requirement could be interpreted to include intermediate hemp derivatives that temporarily exceed 0.3% during processing, but contain less than 0.3% in final products.

As such, it improperly establishes the DEA’s authority over legal hemp activities, which is contrary to the plain language and intent of the 2018 Farm Bill, the petitioners claim.

The petitioners also argue that acting DEA administrator Timothy Shea, who is individually named as a respondent along with the agency, issued the interim final rule without observing procedures required by law.

Attorneys for the petitioners include Vicente Sederberg LLP, Yetter Coleman LLP, Hoban Law Group and Kight Law Office PC. 

"The DEA implemented this rule without following proper rule-making procedures, such as providing the public with notice and the opportunity to comment," said Shawn Hauser, a partner at Vicente Sederberg and chair of the firm's hemp and cannabinoids practice. "The petitioners believe legal action is necessary to protect the lawful U.S. hemp industry that Congress intended to establish when it enacted the 2018 Farm Bill.”

Hemp industry members, business owners and advocates are encouraged to provide comments to the DEA before the October 20, 2020 deadline. Comments can be submitted here.

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Register Today! Join Ashley Koff RD on Compass Coffee Talk, October 14, 11:30am EDT

Wellness in the Time of Covid

Join Nationally Renowned Registered Dietitian Ashley Koff for the Latest Product Trends in Health and Wellness, Plus What You Need to Know Now for a Healthier Life

Episode 7 - Wednesday, October 14, 11:30 am – Noon EDT
Zoom, Admission is Free

Does your brand need a boost in health and wellness power? Join the conversation and hear from nationally acclaimed nutrition expert Ashley Koff, RD, who will share the latest trends and buzz in the natural products industry and how to grow your business through better nutrition.

Hosts Bill Capsalis and Steve Hoffman will chat with special guest Ashley Koff, RD, on October 14th, 11:30 am – Noon EDT, via Zoom. Hear insights and inspiration on what we need to know now to live a healthier tomorrow. Learn how to improve the overall well-being of consumers better, how to promote immunity through nourishing foods, and practice sustainable measures for a better environment during these uncertain times.

Ashley will also discuss her dynamic online Better Nutrition Program and how your brand can get better results powered by better nutrition.

About Ashley
Ashley Koff RD, CEO, The Better Nutrition Program uniquely blends over twenty years as an integrative practitioner with decades of helping individuals get and stay healthy, powered by better nutrition choices. Today, Koff runs The Better Nutrition Program, the all-in-one system to grow your integrative healthcare business, consults for leading food and supplement brands, and is a partner for BeyondBrands LLC. An accomplished author, speaker, media expert, spokeswoman, and activist, Koff hosts My Better Nutrition, co-hosts the podcast Take Out with Ashley & Robyn, is an advisor for Tufts University Friedman School of Nutrition’s Food and Entrepreneurship program, and is an advisory board member for The Partnership for Healthier America. She's a passionate basketball fan, relearning the trumpet, and loves outdoor adventures.

THANKS TO OUR SPONSOR, ALLEGRO COFFEE! THEY WILL GIVE AWAY ONE FREE BAG OF COFFEE ON THIS WEEK’S EPISODE OF COMPASS COFFEE TALK.

About Compass Coffee Talk™Take a 30-minute virtual coffee break with Compass Coffee Talk™. Hosted by natural industry veterans Bill Capsalis and Steve Hoffman, Coffee Talk features lively interactive conversations with industry leaders and experts designed to help guide entrepreneurs and businesses of any size succeed in the market for natural, organic, regenerative, hemp-derived and other eco-friendly products.

Compass Coffee Talk™ is produced by Compass Natural Marketing, a leading PR, branding and business development agency serving the natural and organic products industry. Learn more.

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It’s Hemp vs. the DEA…Again!

Photo: Wikipedia

Photo: Wikipedia

Hemp industry leaders urge constituents to submit comments in the Federal Register: “Keep the DEA out of the hemp business.”

By Steven Hoffman

When Congress passed the 2018 Farm Bill, it included historic legislation that legalized the production and sale of industrial hemp in the U.S. for the first time in more than 80 years. In doing so, it removed the DEA’s (U.S. Drug Enforcement Administration) decades-long adversarial jurisdiction over the crop.

Unfortunately, reported the U.S. Hemp Roundtable on September 14, “DEA has stuck its nose back under the hemp tent.” 

In 2019, the U.S. Department of Agriculture (USDA) issued an Interim Final Rule (IFR) on hemp, outlining provisions for USDA to approve plans submitted by states and Native American Tribes for the domestic production of hemp. However, in March 2020, USDA Agriculture Secretary Sonny Perdue testified before a Congressional subcommittee that DEA was opposed to implementing a domestic hemp program, and that it exerted outsized influence on USDA’s proposed rules. 

The DEA “really didn’t like the whole program to begin with,” Perdue told Congress. “This is a new and unusual crop, as you understand,” Perdue said at the time. “Our hands were constrained many times by the interagency process.” Perdue admitted that a number of burdensome and troubling provisions inserted in USDA’s Interim Final Rule on hemp came at the direction of DEA.

Only last month, in August, DEA published its own Interim Final Rule on hemp that, among other things, “could potentially criminalize the hemp extraction process,” said the U.S. Hemp Roundtable in its statement.

As of now, both IFRs are open for public input, and industry leaders encourage hemp industry members to submit comments. “Our message is simple: Let Farmers farm. Keep the DEA out of the hemp business,” U.S. Roundtable said.

“Congress made clear in the 2018 Farm Bill that the era of DEA involvement with the hemp crop was over. So, you can imagine our frustration with the DEA trying once again to exercise its authority over the crop by imposing restrictions within USDA’s rulemaking, and by issuing its own Interim Final Rule which purports to re-criminalize hemp extraction,” said Jonathan Miller, General Counsel of the U.S. Hemp Roundtable. 

“It’s time for us to take a stand, and we encourage all hemp supporters to send comments to the DEA and the USDA through our easy-to-use portal,” Miller added. 

Constituents can easily submit comments via an online portal established by the U.S. Hemp Roundtable that directs comments into the federal registry by using this link. A draft letter is available for use or customizing with your own personal stories.

Jonathan Miller urges hemp industry members to act soon. The comments period closes on October 8 for the USDA, and October 20 for the DEA.

You can read U.S. Hemp Roundtable’s formally submitted comments here:  USDA CommentsDEA Comments

For more information, visit www.hempsupporter.com.

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KISS THE GROUND Documentary Signifies Hemp’s Role in Regenerative Agriculture, Climate Change

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By Heather Collins

As wildfires ravage the West, unseasonal snowstorms blanket the Rocky Mountains, and hurricanes pound the South, people everywhere are talking about climate change.

Faced with the reality of a global crisis, hemp industry executives, Hollywood filmmakers, actors, farmers, celebrities, and business leaders collaborated and created KISS THE GROUND. This new full-length groundbreaking documentary gets to the root of the problem, with the solution located right under our feet.

Narrated by actor Woody Harrelson, the film features a star-studded line-up and casts a glimpse of how soil might be the clear answer to sequestering carbon out of the atmosphere and help cool a warming planet. Directed by Rebecca Tickell and Josh Tickell, the documentary features well-known celebrities, such as Ian Somerhalder, Gisele Bündchen, Jason Mraz, and David Arquette.

According to KISS THE GROUND’S Executive Producer, Ian Somerhalder, “We can get the Earth back to the Garden of Eden that it once was by regeneration in agriculture.” KISS THE GROUND is in good hands with Big Picture Ranch, a film studio that strives to change the narrative around critical environmental issues.

Save the Date
The movie, KISS THE GROUND, will be available to the world on Tuesday, September 22, at 6:00 pm PDT, on Netflix. Somerhalder is inviting everyone to view the trailer and spend an evening watching the film to learn more about KISS THE GROUND, the Los Angeles-based nonprofit whose mission is to awaken people to the possibilities of regenerative agriculture.

There’s so much bad news about our planet. Please share the film with your community and with every friend, co-worker, mother, father, sister, brother, and acquaintance,” says Somerhalder. “We are fulfilling our mission in awakening people to the possibility of regeneration. Together, we can do this. Here we go!”

To view the trailer, click HERE or to support the KISS THE GROUND message and movement, visit: https://kisstheground.com/support-the-film/ – socialassets

The Power of Hemp Soil
Hemp business leaders, industry experts, and entrepreneurs publicly acknowledge that hemp could be key in creating solutions to the global climate crisis. “Hemp can be grown more regeneratively as a rotational crop along with cover crops. If you just inject nitrogen fertilizer, though, you miss the point of a better world with hemp. Let’s regenerate with hemp!” said John Roulac, Co-Producer of KISS THE GROUND, Founder of Nutiva, and Founder and Board Member of the Certified Organic CBD brand RE Botanicals.

The Rodale Institute, an organization dedicated to improving humans’ overall health and the planet through organic research, agricultural training, and consumer education, acknowledges that the global “climate crisis is here and regenerative agriculture is the only way to fight it.”

The Rodale Institute is leading research efforts into regenerative hemp, and it applauds the efforts many hemp farmers are making in implementing sustainable farming techniques on their farms. Even though regenerative agriculture is a relatively new concept, the organization works collectively with growers to educate them on the soil carbon solution that further protects farmland for future use.

About KISS THE GROUND 501(c)(3) Nonprofit Film Partner
KISS THE GROUND is a Los Angeles-based 501(c)(3) nonprofit organization on a mission of creating awareness around the extraordinary potential of healthy soil. KISS THE GROUND has educated and activated millions through its Media Program, Farmland Program, and Stewardship Program. Their Farmland Program supports transitioning farmers and ranchers with training, mentorship, and soil testing and has a robust scholarship program for farmers who need financial assistance to take part. The Stewardship Program is an education platform, community, and resource hub created to educate, inspire, and empower individuals to become powerful and impactful advocates for the regenerative movement. KISS THE GROUND has become a premier online educational hub for regenerative agriculture, offering an online “pathway” for anyone to find resources and their unique way forward in contributing to this expanding global movement.

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Hydrating the Functional Beverage Category: M Kombucha’s New Best-in-Class Elixir Delivers Powerhouse of Electrolytes and Optimal Taste

FOR IMMEDIATE RELEASE

Hydrating the Functional Beverage Category: M Kombucha’s New Best-in-Class Elixir Delivers Powerhouse of Electrolytes and Optimal Taste

Powered by Buoy® Hydration, M Kombucha Launches ‘Beyond Hydration,’ a Refreshing Kombucha Elixir Enriched with Electrolytes, B Vitamins, and Antioxidants.

San Diego, CA (September 9, 2020) – Active and healthy lifestyle consumers who demand peak performance from sports drinks now have a new choice when it comes to hydrating after a yoga class, workout, or long run. Emerging beverage brand M Kombucha and start-up company, Buoy Hydration, have partnered together and are pleased to announce their high-quality, electrolyte-dense ‘Beyond Hydration’; a functional kombucha flavored with fresh, organic cold-pressed Grapefruit and Ginger.

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Molecular biologist and M Kombucha’s Co-founder, Adi Ramon, realized the beverage category was missing clean and refreshing hydration, “It made perfect sense to create a truly hydrating kombucha, one that would complement M’s existing functional beverage line designed for health-conscious and active consumers.” According to a study conducted by the Centers for Disease Control, more than 75% of Americans are dehydrated, leading to chronic illness, fatigue, and other ailments. This surprising statistic prompted the founders of Buoy Hydration and M Kombucha to collaborate and create ‘Beyond Hydration.’

M Kombucha’s ‘Beyond Hydration’ is powered by Buoy Hydration’s formula of low-sodium, all-natural, hand-harvested sea salts, including 87 micronutrients and trace minerals. Unlike other leading sports drinks and hydrating powders that lose key minerals due to processing, ‘Beyond Hydration’ is able to keep the good nutrients in, while replenishing the body with natural electrolytes, B vitamins, and antioxidants – in the most refreshing way.

Dr. Lianli Li, Ph.D., President of Gateway Pharmaceutical in St. Louis, Missouri, helped Buoy Hydration founders create their proprietary blend of electrolytes. “Dehydration prevents your brain and body from functioning properly, and most of us are living our lives under the optimal hydration level,” says Dr. Li. “The combination of M Kombucha and Buoy gives consumers the proper hydration they need, and together, ‘Beyond Hydration’ works wonders in boosting brain function and enhancing the nervous system.”

When Water Isn’t Enough: A Thirst-Quenching Experience
Ramon recalls a personal experience she had with ‘Beyond Hydration’ and how it positively impacted her life. “We were hiking in the desert near Ojai on a hot day, and I was drinking plenty of water, but it wasn’t enough. Later that night, I began having symptoms of severe dehydration - headache, upset stomach, fatigue, and nausea. After plenty of rest and countless glasses of water, I still wasn’t feeling better. That’s when I remembered I had brought ‘Beyond Hydration’ with us in the cooler in the car,” adds Ramon. “As soon as I drank a cold ‘Beyond Hydration,’ I could instantaneously feel the benefits by replenishing what my body had depleted, and it brought me back to life.”

Electrolytes, which are naturally bitter, can pose a challenge when it comes to taste. That explains why the founders of Buoy Hydration have meticulously spent the past three years, ensuring their hydration formula did not compromise the taste of any drink. "Americans are simply not getting the proper hydration they need. Habitually consumers reach for sugar-packed sports drinks and processed powders to help keep them refreshed without receiving the benefits of natural electrolytes," says Buoy Hydration Co-Founder Daniel Schindler. "At Buoy, we squeeze back in what life takes out of you. Our product is all-natural and made without sugars or flavors."

What’s Inside?
Each batch of M Kombucha’s ‘Beyond Hydration’ is made with three servings of Buoy Hydration, Fair Trade Black and Green Teas*, Purified Water, Kombucha Culture*, Fair Trade Evaporated Cane Sugar* (needed for kombucha fermentation), Cold-Pressed Grapefruit* and Ginger* (* Organic Ingredient). The Kombucha, enriched with Buoy's Hydration formula, includes Low-Sodium Sea Minerals, Herbal Extracts*, and B Vitamins, providing a unique and efficacious hydration elixir that no other kombucha brand offers:

Low-Sodium Sea Minerals (Sodium, Chloride, Magnesium, and Potassium):

  • Electrolytes and minerals are crucial to delivering water to the body’s cells. Without enough sodium and chloride in the body, it won’t be able to balance fluids. 

  • Buoy Hydration sources its natural sea salts from France. Sea salt helps healthy pH levels, balances electrolytes, supports brain, muscle, and nerve function, aids in detoxification and digestion, and prevents dehydration.

  • As an electrolyte, potassium has a positive impact on the brain, and with proper potassium levels, more oxygen will reach the brain, boosting cognitive function. Muscle cramps are common for people who don’t get enough potassium.

Herbal Extracts (Acacia, Star Anise, and Rosemary):

  • Acacia is used for medical purposes and acts as a prebiotic to increase beneficial bacteria and is excellent for metabolic and gut health.

  • Star Anise is rich in antioxidants and vitamins A and C. It helps fight free radicals and is known as a natural way to fight off colds and the flu, plus it’s a digestive aid, alleviates cramps, and reduces nausea. 

  • Rosemary is not only commonly found in kitchens but is an ancient medicinal herb that also aids in digestion and memory while boosting the immune system.

B Vitamins (B1, B5, and B6):

  • Vitamin B1 is a crucial component to helping electrolytes flow in and out of cells and supports the proper functioning of the nervous system and muscles.

  • Vitamin B5 helps sharpen memory and reduces brain fog, and produces acetylcholine, which functions as a neurotransmitter that helps the brain and nervous system function. 

  • Vitamin B6 is needed for neuron transmission in your brain and helps serotonin production, which improves brain performance and mood.

About M Kombucha
Founded in San Diego, California, M Kombucha is passionate about elevating people’s health and well-being through delicious and refreshing functional beverages designed to meet today's consumer needs. The Company is devoted to sustainable, organic, and Fair Trade practices and collaborates with specialty companies to add efficacious formulations to their craft beverages. M is taking Kombucha to the next level with ingredients like probiotic spores, prebiotic fiber, adaptogens, medicinal mushrooms, and botanicals while staying committed to taste and ultimate enjoyment. Visit mkombucha.com to find retail locations in CA or to order online.

About Buoy Hydration
With Buoy, hydration is just a half-second squeeze away. Buoy’s mission is to hydrate the 75% of chronically dehydrated Americans and give back to the communities that need clean, effective hydration. For every bottle sold, Buoy gives back to verified 501(c)3 nonprofits. Buoy believes in the triple bottom line: people, planet, and profit. Part of creating a sustainable business means sourcing the best ingredients that give people who use Buoy robust, functional health benefits. Additionally, Buoy is Carbon Neutral and uses 75% of post-consumer recycled materials for each bottle. For more information, please visit justaddbuoy.com.

Media Contact:

Heather Collins, h | c marketing, 303.250.4797, heather@hcollinsmarketing.com, heather@mkombucha.com or heather@justaddbuoy.com

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Industry Veteran Garrett Bain Takes the Reins at EcoGen Biosciences

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By Steven Hoffman

Following its recent acquisition by hemp consumer products leader Kadenwood Brands, newly renamed EcoGen Biosciences is set to make its mark as a world leader in hemp-derived ingredients and extracts and hemp genetics from its home base on Colorado’s Western Slope. 

Combined, the companies – Kadenwood Brands based in Newport Beach, CA, and EcoGen Biosciences, headquartered in Grand Junction, CO, have created an integrated supplier – from genetics, farming and processing to finished branded products – worth approximately $250 million, reported Reuters.

The merger helps revitalize EcoGen and the local Colorado economy – earlier in the year the company, formerly named EcoGen Laboratories, had announced a restructuring due to the Covid-19 pandemic and slowed sales due to regulatory uncertainty around hemp-derived CBD.

The new owners, however, think the time is right, so much so that two of Kadenwood’s senior officers – Chief Commercial Officer Garrett Bain and General Manager Jason Waggoner – have relocated to Colorado to help integrate operations. 

Formerly of Kentucky-based CBD processor Gencanna, Bain is well known in the hemp community. “I’ve had a great opportunity to work with all stages of the value chain and I bring an industry perspective,” said Bain. “The team at Kadenwood, including Chairman Todd Davis – the founder of LifeLock – brings a lot of experience from the consumer packaged goods (CPG) side of the space. Together, we round out the vertical, expanding the company into production and the processing space, as well,” he said.

With 400 acres that the company owns, EcoGen works with its own proprietary genetics and with other farming partners to be able to provide the biomass needed to offer consistent, high quality product throughout the year, said Bain. Conscious of the benefits of organic farming, Bain also mentioned that EcoGen is applying organic growing practices on acreage it farms, and is partnering with a farm in California to grow organic acreage, too.

“We provide one of the largest global platforms you’ll find in the hemp-derived CBD space. We are vertically integrated, from genetics to farming to processing and all the way through to branded finished goods.”

Bain pointed out that Kadenwood’s Level Select consumer brand of hemp-derived CBD products has been gaining traction, growing 300% over the past year. The products can be purchased on Level Select’s website and in over 3,000 retail locations, projected to grow to 7,000 retail locations by the end of the year, according to Bain. Bain mentioned the company has ambitious rollout plans, including other brands in development, as well.

In addition to building Kadenwood’s own consumer brand portfolio, EcoGen Biosciences continues to serve hemp manufacturers throughout the world. “The EcoGen brand is trusted globally. We’re known for quality and scale to serve some of the largest clients around the world, and we are investing to increase scale, capacity, and quality, from bulk ingredients to isolates, distillates, to white label manufacturing,” Bain said.

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Legislation Would Legalize Sale of Hemp-derived CBD Once and For All in Dietary Supplements

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This article originally appeared on LetsTalkHemp.com.

By Steven Hoffman

As Americans readied for a long Labor Day Weekend, two members of Congress on September 3 introduced a bill in the U.S. House of Representatives to “make hemp, cannabidiol derived from hemp, and any other ingredient derived from hemp lawful for use under the Federal Food, Drug and Cosmetic Act as a dietary ingredient in a dietary supplement, and for other purposes.”

The Bill, HR 8179, the Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2020, if passed, would allow hemp-derived CBD and other hemp-derived ingredients to be legally marketed as an ingredient in dietary supplements, as long as the products comply with current legal requirements for new dietary ingredients, as well as other requirements pertaining to dietary supplements under federal law.

The bipartisan legislation, introduced in the U.S. House of Representatives by Rep. Kurt Schrader (D-OR) and Rep. Morgan Griffith (R-VA), would direct the U.S. Food and Drug Administration (FDA) to use its authority and resources to set a clear regulatory framework for hemp and hemp-derived CBD and assure consumer protection for these products, reported the American Herbal Products Association (AHPA) in a release.

For marketers of hemp-based CBD in dietary supplements, the bill would eliminate regulatory hurdles and uncertainty that have hampered the category’s growth.

“The Schrader/Griffith bill would ensure that hemp-derived CBD, and other non-intoxicating hemp ingredients, could be lawfully marketed as dietary supplements,” said the U.S. Hemp Roundtable in a statement. “The bill would require CBD and hemp extract product manufacturers to comply with the entire existing comprehensive regulatory framework for dietary supplements, which ensures that the products are deemed safe, properly labeled, and prepared utilizing Good Manufacturing Practices. Passage would also help stabilize the hemp markets, open up a promising economic opportunity for U.S. agriculture and honor our commitment made to farmers in the 2018 Farm Bill.”

Bill co-sponsor Rep. Morgan Griffith added, “Hemp was historically an important crop for Virginia farmers, and dietary supplements made from it do not possess dangerous addictive qualities. Nevertheless, the current state of regulation creates confusion about its legal uses. I joined this bipartisan bill to provide certainty for hemp farmers that their crop may find legal uses,” said Rep. Griffith in a statement.

In response to the proposed legislation, four leading dietary supplement industry associations, including AHPA, the Consumer Healthcare Products Association (CHPA), the Council for Responsible Nutrition (CRN), and the United Natural Products Alliance (UNPA), applauded a bill that would protect public health by providing legal clarity in the cannabidiol/CBD marketplace.

“A growing number of Americans view hemp and hemp derived CBD as a way to improve health and wellbeing, driving high consumer demand and a proliferation of CBD-containing products in the marketplace. While the 2018 Farm Bill changed the law to allow hemp farming, regulatory uncertainty remains about the inclusion of hemp and hemp-derived CBD in dietary supplements. This lack of regulatory clarity along with insufficient oversight around hemp and hemp-derived CBD exposes consumers to potentially unsafe products and lack of consistency in product quality,” said AHPA in a September 4 release.

“A legal hemp and hemp-derived CBD pathway would also provide much needed certainty to hemp farmers,” AHPA added. “The dietary supplement industry is proud to support the Hemp and Hemp-derived CBD Consumer Protection and Market Stabilization Act of 2020 and we urge Congress to consider including the bill in a legislative vehicle soon.”

AHPA, CHPA, CRN, UNPA, along with the U.S. Hemp Roundtable, sent lawmakers a letter expressing unified support for the legislation, AHPA reported.

The parent company of Let’s Talk Hemp Media, We Are for Better Alternatives (WAFBA), signed on as an Endorser of the bill.

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Is Hemp Paleo? Ancient History Suggests Yes.

Photo: Pexels

Photo: Pexels

Editor’s Note: This article was originally published in Honeysuckle Magazine.

By Morris Beegle and Steven Hoffman

Cannabis sativa, the plant that produces marijuana and its non-psychoactive cousin hemp, has been used by humans for more than 25,000 years. Here, we explore how hemp can be incorporated as an integral part of a healthful Paleo Diet and sustainable lifestyle.

Is hemp Paleo? Some Paleo purists have argued no. However, history suggests that ancient human ancestors – the Denisovans, living 160,000 years ago on the Tibetan Plateau – may have been among the first to discover the benefits of the Cannabis sativa plant for food, fiber and medicine - long before the advent of civilization and agriculture, thus qualifying it for consideration in a Primal Diet and lifestyle. Both marijuana and its non-psychoactive cousin hemp come from the cannabis plant, the origins of which have been traced back 28 million years to this central Asian region that lies at an elevation of 10,700 feet between the Himalayan mountain range to the south and the Taklaman Desert in China to the north.

According to other historians, during a short period of time at the end of the last Ice Age, Stone Age humans in Europe and Asia independently began using cannabis. Some studies suggest that cannabis entered the archaeological record of Japan and Eastern Europe at almost exactly the same time, between about 11,500 and 10,200 years ago. “

The cannabis plant seems to have been distributed widely from as early at 10,000 years ago, or even earlier," said researcher Tengwen Long of the Free University of Berlin in Germany. 

Long and his research team suggested that different groups of people across Eurasia independently began using the plant at about the same time, perhaps for its psychoactive properties but also as a source of food and medicine, or even to make textiles and clothing from its fiber. They hypothesize that use of the plant spread rapidly as nomadic cultures on the Eurasian steppes mastered horseback riding, allowing them to cover vast distances and establish trading routes which would become the famed Silk Road several millennia later.

In the United States, hemp was produced and used extensively for centuries. It became an important material for everything from rope to sails to clothing. In fact, the original American flag sewn by Betsy Ross was made from hemp. Yet after existing for millions of years in nature, and proving to be of great use in numerous everyday applications, hemp and marijuana were made illegal by the passage of the Marijuana Tax Act of 1937. Stories abound as to why.

Today, marijuana, with its intoxicating THC content, is still considered illegal federally in the United States under the Controlled Substances Act, although as of 2020 11 states – Alaska, California, Colorado, Illinois, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont and Washington – and Washington, D.C., have legalized the sale of recreational marijuana. An additional 22 states have legalized medical cannabis and decriminalized adult use and possession.

Hemp, however, has had more federal success than its high-THC cousin. Hemp can now be legally farmed, produced and sold throughout the United States as a result of the passage of the 2018 Farm Bill. Hemp, also known as industrial hemp, is defined as having less than 0.3% THC. At such minimal levels, hemp is not intoxicating; it cannot get you high. As a result of the historic legalization of hemp after more than 80 years of prohibition, it is now experiencing a huge renaissance. Good thing, too, as hemp has more than 25,000 recorded uses, including food, CBD (cannabidiol) for medicine, fiber for textiles, raw materials for bioplastics and building materials, and more. 

Given the explosive demand for all things made from hemp as a result of it now being legal, some estimates predict the U.S. market for hemp products will surpass $20 billion in sales by 2024. And now that we can legally study and utilize hemp in the modern age, who knows what uses and applications we will discover in the future about this incredibly versatile plant?

Hemp: The Original Superfood
Fortunately for followers of the trending Paleo Diet, which emphasizes the consumption of foods that would have been available in the Paleolithic Age (meats, fruits, vegetables, nuts, and roots) while eschewing more dairy and processed foods, hemp has been consumed and used as least as early as the Paleolithic era (approximately 2.5 million years ago). In modern times, foods made from hemp seed, banned as recently as 20 years ago in most grocery stores and many natural foods stores, is now considered a popular superfood. Hemp is included as a highly nutritious ingredient in many natural and organic foods and beverages, from shelled hemp seed, hemp seed oil and protein powders, to hemp veggie burgers and plant-based milk made from hemp seeds.

To be clear, hemp seeds contain little to no THC, the psychoactive compound in cannabis (0.3% - 1.5% on average). Small dry seeds with hard shells, hemp seeds are similar to sunflower or sesame seeds, with a mild, nutty flavor. They can be consumed raw, sprouted or in powder form. Hemp seeds will not get you high and are perfectly safe to eat. 

Dense in macronutrients and micronutrients, three tablespoons of hemp seeds provide 11 grams of protein (hemp seeds contain all the essential amino acids, providing a complete protein profile), 13.5 grams of fat (in particular, heart-healthy omega-3 essential fatty acids), 2 grams of carbohydrate, and 2 grams of fiber, and they are a rich source of iron, Vitamin E, phosphorous, magnesium and zinc. Whole, shelled hemp seeds, often referred to as “hemp hearts,” are an abundant source of soluble fiber, which can aid digestion, maintain healthy gut flora, and help manage blood sugar levels.

“Not bad for a little seed,” says Irena Macri, author of the Eat Drink Paleo Cookbook and Happy Go Paleo, on her blog Food Fit for Life. “This plant-based food is a fabulous source of protein, fatty acids, vitamins and minerals. Gram for gram, it fits the ‘superfood’ bill with a strong case. They’re a great seed for anyone on the Paleo Diet, the keto diet, or eating plant-based vegan or vegetarian diets,” she writes.

In addition, hemp seeds can serve as a great weight loss food, Macri says. “I love foods that are high in protein, healthy fats and fiber for weight loss. These foods are essential to the diet because they promote satiety, keep you full and keep you healthy. Starting the day off with hemp protein or seeds mixed into a smoothie, 3-4 tablespoons atop a bowl of yogurt, or in an energy ball is a great habit that can promote fat loss because it keeps appetite at bay.”

Loren Cordain, Ph.D., founder of the Paleo Diet movement, advises consuming hemp in moderation, and offered this advice on his website: “Hemp in any whole food form, like any seed, should only be consumed moderately on the Paleo Diet. If you like the taste of shelled hemp seeds, you can sprinkle them over a green salad or add them to your homemade Paleo trail mix in addition to other nuts for a quick energy snack.”

“As to whether hemp is Primal or not, I’d put it (like other seeds) in a supporting role. It’s not main Primal fare, but, when eaten in its healthiest (fresh) state, it can complement a good Primal eating plan,” says Mark Sisson, author of Mark’s Daily Apple, a leading Paleo Diet blog. Sisson points out that while hemp seeds contain a significant amount of omega-3 essentially fatty acids, it is primarily in the form of ALA rather than the preferred fatty acids EPA and DHA. That doesn’t mean it’s bad, Sisson asserts. “To hemp’s credit, the omega-6 content does include the healthier gamma-linolenic acid (GLA) and stearidonic acid, both of which are believed to be anti-inflammatory in nature,” he writes. Hemp seeds are unique in that they are the only edible seeds that contain GLA.

CBD, Paleo and the Endocannabinoid System
The big news about hemp today is the growing popularity of CBD, or cannabidiol, found primarily in the flowers of the hemp plant. A non-intoxicating compound, CBD is one of over 100 cannabinoid compounds that have been identified in cannabis. First discovered in 1940, CBD has been shown to have promising beneficial effects in helping with chronic pain, inflammation, neurological conditions, PTSD, sleep, anxiety and many other conditions. One review, published in the journal Neurotherapeutics, found that CBD also may be a promising treatment for people with opioid additions.

Interestingly, CBD may play a positive role in high-fat, low-carb diets, says Martin Lee of Project CBD in Alternet. Citing a study by Swiss scientist Jürg Gertsch, who researched the consequences of dietary changes brought on by agriculture, the human body’s endocannabinoid system – an ancient biological signaling network that evolved in humans and other mammals – regulates numerous physiological processes, including intestinal function, glucose metabolism and stress response. A dysregulated endocannabinoid system, in turn, is implicated in metabolic and bowel pathologies and other diseases.

Gertsch’s thesis, Lee says, is that chronic metabolic disorders are rooted in “a mismatch between ancient genes and high caloric diets” that ensued with the introduction of agriculture. “The multimillion year evolutionary process during which nearly all genetic change reflected the life circumstances of our ancestors [was] suddenly disturbed” when “carbohydrate farming” supplanted the “hunter-gatherer diet rich in animal food,” said Gertsch, who maintains that “the interplay between diet and the endocannabinoid system” is key to understanding today’s obesity and diabetes crisis and its potential remediation.

With the surge of interest in the health benefits of CBD, there’s been a huge increase in the number of products with CBD added to them, from tinctures and extracts to CBD infused snacks, beverages and body care products. Researchers have found that CBD is safe and definitely safer than many pharmaceutical medications, however, the FDA is currently studying the CBD market. It has mostly left ethical players alone, but the agency recently sent warning letters to a number of companies making outlandish health claims for their products.

Given its potential anti-inflammatory effects, CBD may complement a Paleo Diet, according to the blog Paleo Leap. “From a Paleo perspective, CBD oil also comes under scrutiny for fat quality – and that goes double for any kind of CBD candy, CBD cookies, CBD drinks, and other edibles,” the blog says. Other than that, studies suggest that CBD is compatible with a Paleo Diet and healthful lifestyle habits. One worry for “low-carbers” might be “will CBD give me the munchies?” However, the good news, Paleo Leap reports, is that researchers found that low doses of CBD didn’t cause sweet cravings or increase liking of sweet foods. “There’s definitely a role for a few carefully chosen supplements to complement a base diet of nutrient-dense whole foods,” the blog advises. 

Fortunately for followers of the Paleo Diet, hemp has been consumed and used at least since Paleolithic times. Look for CBD products that are certified organic, produced without additives, and lab tested by a trusted third party in order to be Paleo friendly.

From Climate Change to Sustainability, Hemp Can Save the World
As discussed thus far, hemp has significant nutritional and therapeutic benefits for both human and animal health and wellness. This plant, this agricultural crop, also provides an impressive amount of environmental benefits, from carbon sequestration, phytoremediation and soil building to reduced water usage and less inputs, including fertilizers, pesticides and fungicides, needed during cultivation. The mindset of most hemp farmers today, and the environmental position the hemp industry publicly espouses, is assisting in the organic and regenerative agricultural renaissance necessary in bringing balance back to ecosystems around the planet. All of these attributes are positives in the fight against climate change.

The environmental benefits of hemp do not stop in the field, but continue when used as a feedstock for the processing and manufacturing of industrial ingredients and materials. It has been suggested for decades that hemp has the ability to replace most products made with fossil fuels and timber/wood, two industries that have a significant negative impact on the health of the planet. Biofuels, bioplastics, biocomposites, paints, varnishes and industrial cleaning agents can all be made from hemp and potentially displace product counterparts made by fossil fuels. Another reduction in fossil fuel reliance could come from hemp’s promising results as a supercapacitor material. Looking at hemp and its potential as a renewable resource that can be grown from the ground, annually and in mass, compared to the continued extraction of finite resources and the consequences that come with it, it seems reasonable to look at the possibilities of how to shift our focus away from a hydrocarbon to a carbohydrate or agro (new and renewable plant-based) economy

The construction and building materials industry uses a significant amount of energy, fossil fuels, synthetic chemicals, and timber in ways that have measurable negative impacts on the environment. Hemp once again is a sustainable and renewable option that reduces impact, provides cleaner construction materials, from hempcrete, insulation, paneling, flooring, particle board, plaster and roofing. These alternate or “drop-in” materials are rising in popularity today.

When we look at timber and wood for various consumer and commercial productions, deforestation that comes with the depletion of these resources, and the complications compounded with disrupted ecosystems, we need to seriously explore better alternatives that leave a smaller carbon footprint.

Hemp has been a primary feedstock for paper since the latter’s invention nearly 2,000 years ago. It was only as recently as the end of the 1800’s and with the coming of the Industrial Revolution, when new machinery began to be developed for other feedstocks such as jute, cotton and wood. The rise of Captains of Industry (or Robber Barons, depending on perspective), in timber, fossil fuels and synthetics took the mass production of paper and built out processing and milling operations setup specifically to produce high volumes of their materials with little to no foresight on environmental impact. Hemp was seen as less profitable compared to the materials in the industries they wanted to build.

Fast forward 100+ years and the paper and packaging industry are a leading contributor to dioxide into the environment. Dioxide is a compound found in chlorine, extremely hazardous, and one that has been necessary to process wood pulp by removing lignin to create commercial paper. Using hemp fiber as a feedstock for paper, packaging and various corrugated cardboard materials, hemp’s lower lignin content and higher cellulose content makes chlorine unnecessary and the use of hydrogen peroxide, a low impact alternative, viable in commercial paper milling.     

What we’ve pointed to throughout this article is what we know today. The marketplace is excited about the possibilities of what can be done with hemp across the products spectrum now that the wall of prohibition is finally coming down after 80 years. Modern technology and innovation are moving into the hemp sector over the next several years and should provide additional product, replacement ingredient and environmental opportunities to industries and consumers far and wide.

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Miyoko Schinner Takes on the Future of Food: Compass Coffee Talk™ Welcomes the Founder and CEO of Miyoko’s Creamery, September 10, 2020, 11:30 am EDT

Join the Conversation on the Next Episode of Compass Coffee Talk™, Hosted by Natural Products Industry Leaders Bill Capsalis and Steven Hoffman for an Interview with Vegan Epicurean Activist: Miyoko Schinner, as She Takes on the Future of Food.

What: Compass Coffee Talk™ 
Episode 6: “Interview with Vegan Epicurean Activist: Miyoko Schinner Takes on the Future of Food.”
Date: Thursday, September 10, 2020, 11:30 am – 12:00 pm EDT
To Register: Click HERE, Free on Zoom 
Sponsored By: Allegro Coffee

Boulder, CO (August 27, 2020) – Compass Coffee Talk™ is pleased to announce that innovative vegan epicurean activist Miyoko Schinner, Founder and CEO of Miyoko’s Creamery will appear as the next featured guest on its educational, business-to-business webinar. Miyoko’s Creamery is a leader in the plant-based food revolution. The company’s mission is to create “world-changing social and environmental justice by inspiring a more compassionate, global food culture that drives the growth of Miyoko’s,” says company Founder and CEO Miyoko Schinner.

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Together, natural products industry leaders Bill Capsalis and Steven Hoffman will host a discussion with Miyoko Schinner on the power of building a plant-based empire and the positive impact the brand has made in the natural products industry. Join the conversation for a power-packed thirty minutes and hear from the "Queen of Vegan Cheese" as she discusses the evolution of plant-based products and what’s next for the industry. “Interview with Vegan Epicurean Activist: Miyoko Schinner Takes on the Future of Food,” will take place Thursday, September 10, 2020, 11:30 am EDT. 

“Compass Coffee Talk is looking forward to hearing from Miyoko’s lively and insightful expertise. We support her commitment to positively impacting the world around us and applaud her efforts as a change-maker in the natural products industry,” said Steven Hoffman, Managing Partner, and Founder, Compass Natural Marketing. “Miyoko also will share tips on how entrepreneurs can succeed in the burgeoning plant-based foods market in this lively conversation.”

Tempered by experience but driven by passion, learn how Miyoko, a renowned vegan author, chef, and animal rights advocate, cracked the code in developing world-changing organic vegan cheese and butter products that appeal to core consumers – and that have inspired many more to try new plant-based foods.

About Miyoko Schinner
Miyoko Schinner is the CEO and founder of Miyoko’s Creamery, the leading natural and organic plant dairy food brand combining cheese-making traditions with whole food technology to craft world-changing cheese and butter from plant milk, not cows. Today, Miyoko’s products can be found in more than 15,000 retailers nationwide and in Canada, including Target, Trader Joe’s, Whole Foods Markets, Kroger, and Safeway.

A pioneer in the plant-based cheese revolution, Schinner a passionate epicurean activist, chef, former restaurateur, best-selling cookbook author, co-host of the national public television cooking show Vegan Mashup, and a founding board member of the Plant-Based Foods Association. She is also an active Naturally Bay Area member and a part of the Naturally Network community. An animal rights advocate, Schinner co-founded Rancho Compassion, a nonprofit animal sanctuary in California that provides a home to over 70 rescued farm animals. She lives with her husband and family in Marin County, CA.

Compass Coffee Talk™ Powered By Allegro Coffee 
Compass Coffee Talk gives special thanks to its newest sponsor, Colorado-based, Allegro Coffee. Each episode, one webinar attendee will receive a free bag of Allegro Coffee, a specialty coffee company that believes that where and how coffee is grown matters. Since 1977, Allegro Coffee has remained committed to sourcing the highest quality coffee from farmers dedicated to environmental stewardship and worker livelihood.

About Compass Coffee Talk™ 
Compass Coffee Talk™ features lively interactive conversations with industry leaders and experts designed to help guide entrepreneurs and businesses of all sizes succeed in the marketplace. Hosted by natural and organic products industry veterans Bill Capsalis and Steve Hoffman, Compass Coffee Talk is produced by Compass Natural Marketing, a leading PR, branding, and business development agency serving the natural and organic products industry.

To register for the FREE Zoom Webinar, click HERE.

Contact
Bill Capsalis, Host, 303.808.3441, bill@billcapsalis.com
Steven Hoffman, Host, 303.807.1042, steve@compassnaturalmarketing.com

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New DEA Interim Final Rules a Trojan Horse to Disrupt the Hemp Industry?

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This article originally appeared on LetsTalkHemp.com.

By Steven Hoffman

The U.S. Drug Enforcement Administration (DEA) published on August 21 interim final rules (IFR) on hemp that it says puts the agency in compliance with the 2018 Farm Bill’s legalization of industrial hemp. The new rules seem friendly enough, but hemp and CBD industry watchdogs point to a potential trojan horse that could present a significant threat to the hemp industry.

Introducing the rules, DEA’s language seems benign enough, stating, “The interim final rule merely confirms DEA’s regulations to the statutory amendments to the CSA (Controlled Substances Act) that have already taken effect, and it does not add additional requirements to the regulations.”

Among its four main amendments is language stating that “tetrahydrocannabinol” (THC) does not include “any material, compound, mixture, or preparation the falls within the definition of Hemp.” In addition, it removes any CBD drug product approved by FDA from Schedule V status; and the IFR removes import and export controls over hemp and its derivatives. Lastly, the rules modify the definition of “marihuana extract” to exclude substances that contain less than 0.3% delta-9 THC on a dry-weight basis. The rules add no additional costs resulting from these changes, said DEA.

However, attorney and writer Rob Kight of Kight on Cannabis warned that the rule “could potentially be a fatal blow to the entire hemp/CBD industry, namely, the IFR’s criminalization of ‘work in progress’ hemp extract, a fundamental component of any consumer hemp/CBD product,” he said in a recent report. The catch, he explained, is that DEA wants to measure on a dry weight basis, but hemp extract is an oil – it’s “wet.”

Kight refers to “work in progress hemp extract” as an extract of hemp in a partially processed state that is not intended for consumer use or consumption. “With respect to the Farm Bill’s language, it clearly contemplates that hemp extracts will be created, and that they will be lawful,” he stated in his report. “Otherwise, the term ‘extract’ would not have been included in the definition of hemp,” Kight said.

“Under almost any normal extraction and manufacturing process it is impossible to avoid a stage in which the extract is both ‘wet’ and within the 0.3% THC limitation,” Kight continued. “For example, take the most basic processing method of trimming and separating a hemp plant’s stalks, stems, and seeds from its leaves and flowers. Processing the plant in this way, which occurs on some level for most hemp cultivated in the U.S., increases the concentrations of THC despite not increasing the actual amount of THC.” However, Kight asserted, when final consumer product reaches the market, it is well within the 0.3% limit.

“For these reasons, it is reasonable to assume that Congress intended for extracts to be produced and that such production will necessarily result in a stage during the processing phase when the extract contains THC concentrations in excess of 0.3%. In other words, it is reasonable to conclude that Congress contemplated the existence of work in progress hemp extract, Kight concluded.

DEA’s removal of FDA-approved CBD pharmaceuticals from its schedule is consistent with an action the agency took in April 2020 when it removed GW Pharma’s CBD epilepsy drug Epidiolex from Schedule V of the Controlled Substances Act, reported Marijuana Moment.

As the agency finalizes its enforcement rules for hemp and CBD, DEA has not necessarily been a cooperative partner with the USDA, according to Secretary of Agriculture Sonny Perdue. Marijuana Moment reported in March 2020 that Perdue placed partial blame on DEA for restrictive policies included in its hemp rules that were making it challenging for producers. Perdue said DEA was having an outsized influence on its proposed hemp rules and that DEA “really didn’t like the whole program to begin with,” referring to hemp reform, reported Marijuana Moment.

“The DEA always wants to control the narrative surrounding industrial hemp despite Congress’s clear intent to keep the DEA out of it; that is precisely why the 2018 Farm Bill was written the way that it was written – to remove any strings that the DEA may try to assert re: hemp. They did this in 2016 with the Marijuana Extract drug code, and they are doing it again with this IFR. It is a never-ending battle not between the DEA and the hemp industry, but between Congress and the DEA. Which is a damn shame,” said leading hemp and cannabis attorney Bob Hoban, founder of The Hoban Law Group in Denver, CO.

“We are just starting to dig into the DEA’s new IFR language,” said Jonathan Miller, attorney with Frost Todd Brown in Lexington, KY, and director of the firm’s hemp practice, and general counsel for the U.S. Hemp Roundtable, “There is a concern, if it is read broadly enough, that the DEA would think they’re in the business of policing CBD and other hemp extractors. The 2018 Farm Bill made it clear that is not the case.”

Read DEA’s Interim Final Rules here

Public comments will be accepted on the proposed amendments until Oct. 20, 2020.

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