If marijuana is legalized you can expect Whole Foods Market to start selling cannabis products, the company’s CEO said on Thursday.
During a conversation hosted by The Texas Tribune, an audience member asked John Mackey whether his company would consider selling “alternative proteins” such as insects. Mackey said yes, and then, unprompted, he brought up marijuana.
“If cannabis is ever passed in Texas, chances are good that grocery stores will be selling that too,” he said. “You just never know what happens over time with markets. They change and evolve.”
The moderator asked Mackey which product he thought Whole Foods would start selling first: “bugs or pot brownies?”
“Let’s see what happens with the market and the government regulations over time,” he said.
It’s not much of a surprise that Mackey is open-minded about putting cannabis products on Whole Foods shelves. In 2013, he voiced support for marijuana legalization in an interview with Mother Jones.
“I am pro-choice, favor legalizing gay marriages, protecting our environment, enforcing strict animal welfare protection laws (I’ve been an ethical vegan for 10 years), marijuana legalization, having a welfare safety net for our poorest or disabled citizens, and a radically reduced defense budget and military presence around the world,” he said at the time.
It would also seem to make good business sense generally for Whole Foods to plan an entry into the cannabis business. Perhaps that’s why the company, which was acquired by Amazon in 2017, recently enlisted a “seasoned trend-spotter” to make predictions about the hottest items for 2019, and hemp products made the top-10 list.
“Hemp hearts, seeds and oils are nothing new to food and body care lovers—they’re in everything from waffle mix to dried pastas,” the company wrote on its website. “But a new interest in the potential benefits stemming from other parts of hemp plants has many brands looking to explore the booming cannabis biz.”
And while it will take some further legislative changes before Whole Foods is comfortable selling marijuana products, the passage of the 2018 Farm Bill, which legalized industrial hemp, could at least open the door for hemp-derived CBD products to be sold down the line.
The commissioner of the Food and Drug Administration announced this week that the agency will be holding listening sessions later this year as it mulls over “alternative” pathways to allow for the inclusion of hemp-derived CBD in food products and dietary supplements.
Photo courtesy of YouTube/The Texas Tribune.
Legalization Activists Push Marijuana Industry To Uphold Social Responsibilities
A new memo from pro-legalization advocates offers some insight for marijuana businesses, investors and consumers on how they can better support social responsibility in the increasingly legal industry.
The four-page document unveiled by the Drug Policy Alliance (DPA) on Friday proposes guidelines to help assess whether a business is operating in a manner that recognizes the historic harms and injustices caused by prohibition. Specifically, the memo asks industry players to take a harder look at their policy positions, internal operations and practices, whether their company supports up-and-coming marijuana businesses and how invested they are in the local communities in which they operate.
As the document notes:
Repairing the harms of prohibition entails:
1) ensuring that the harm is not continuing;
2) supporting the development of an accurate historical record of the harms caused by marijuana prohibition, including how it has oppressed black and brown communities; and
3) supporting initiatives that create a remedy for past harms.
DPA, along with the Marijuana Policy Project, has been a driving force in funding moves pass marijuana legalization ballot measures and shepherd cannabis bills through state legislatures. Without its work, the market for legal cannabis in the U.S. would be much smaller, if it existed at all.
“Marijuana policy reform was not done to get people rich,” Justin Strekal, political director for NORML, which maintains a cross-country grassroots advocacy network that has helped push legalization, told Marijuana Moment. “It was done to end the oppression of those who choose to consume it. While reform has led to a growing marketplace, tragically the oppression continues and is even perpetuated by some in the industry itself.”
Other measures that address the costly effects of the drug war, according to the DPA guidelines, include opposing any rules or laws that would intentionally shut out people who have been arrested or convicted on marijuana-related charges from working in the industry, investing in communities that have been disproportionately impacted by cannabis enforcement and creating opportunities to help people from marginalized communities participate in the industry.
“The harms of marijuana prohibition have been devastating, particularly for Black and Brown people who have suffered dramatic rates of arrest, mass criminalization, heavy-handed policing, seizure of property with little or no process, and large-scale deportations,” DPA Executive Director Maria McFarland Sánchez-Moreno said in a statement. “Given this history, those investing and operating in the cannabis sector have some responsibility to support repairing the harms of prohibition.”
The organization suggested a list of questions for companies to consider concerning a range of topics: Among them, whether they support home grow—which ensures access for those who can’t afford retail marijuana or live too far away from a dispensary—how inclusive they are in who they hire and if they support scaled license tiers.
Other questions include:
• Does the company support a free and fair marijuana market that does not give it disproportionate advantages?
• To which causes or candidates is the company donating money?
• Does the company have a policy against drug testing employees?
• Is the business a social benefit corporation? B-Corp? Non-profit? Cooperative? Or collective? If not, what percentage of its profits is donated to nonprofits?
Jag Davies, DPA’s director of communications strategy, said the new guidelines are part of a broader shift in the organization’s work over the past few years toward emphasizing racial and restorative justice provisions in any legalization bill they’re involved with.
“It started with Prop 64 in California in 2016, which we played a leading role in making sure that it had a number of criminal justice and restorative justice provisions that other previous legalization bills didn’t have,” Davies told Marijuana Moment in a phone interview. That work continues with their campaigns for legalization in New York, New Jersey and New Mexico, he said.
“The debate is really not about whether legalization is going to happen. It’s how it’s going to happen and to what degree it’s going to repair the harms of criminalization and to what degree it’s going to repair harm among the people who were worst harmed by marijuana criminalization,” Davies said.
The National Cannabis Industry Association, which works to represent the interests of legal cannabis businesses, said in a statement shared with Marijuana Moment that the organization “fully supports social responsibility and equity in the industry, as well as repairing the harms caused by prohibition, and we will continue promoting those values to our members.”
In addition to supporting limited home cultivation and federal legislation like the Marijuana Justice Act, the association also helped the Minority Cannabis Business Association draft a model social equity ordinance for cities that was published this month.
But there’s still a long way to go before all of the cannabis industry’s major players start walking the walk, advocates say.
“The Drug Policy Alliance correctly identified one of the biggest problems emerging in the reform movement: the ‘I got mine and you’re on your own’ mentality,” Strekal, of NORML, said. “It’s a travesty to see business leaders making millions of dollars and bragging about how great they are while they do nothing to stop the practice of arrests in a nearby state or bring wholeness to their neighbors who have had their lives disrupted or destroyed by criminalization just a few years earlier for essentially the same activity.”
Photo courtesy of Nicholas C. Morton.
U.S. Postal Service Issues Advisory On Mailing Hemp-Derived CBD
The U.S. Postal Service (USPS) quietly issued an advisory earlier this month clarifying rules around mailing cannabis preparations, saying that “some CBD products derived from industrial hemp can be mailable under specific conditions.”
The memo also signals that USPS will further loosen restrictions in the future in light of the passage of the 2018 Farm Bill, which federally legalized industrial hemp.
For now, the current advisory, which was first reported by the marijuana law blog Kight On Cannabis, stipulates that it is legal to mail hemp-derived CBD products in compliance with research-focused provisions of the earlier 2014 version of the federal agriculture legislation.
However, postal customers must first take certain steps such as providing a signed self-certification statement and documentation confirming the hemp producer is licensed through a state agriculture department.
Hemp mailed through USPS must also contain 0.3 percent THC—a policy that’s consistent with both the 2014 and 2018 Farm Bill definitions of hemp.
“The Postal Service has received an increasing number of requests to transport CBD oil and products containing CBD in Postal Service networks,” Travis D. Hayes III, a USPS business program specialist wrote in the March 4 advisory.
The federal agency said that the new instructions are due to change, given the broader legalization of hemp and its derivatives through the 2018 Farm Bill.
“Postal employees should be aware that the Agricultural Improvement Act of 2018 was recently signed into law,” the memo says. “This legislation removes industrial hemp from regulation under the Controlled Substances Act.”
But the agency said that it would wait until the legislation “is fully implemented” before it will “modify the mailability criteria for CBD and other cannabis products.”
The U.S. Department of Agriculture (USDA) is in charge of creating and implementing general regulations for hemp—instead of the Justice Department, which formerly oversaw enforcement against the crop—but it’s not clear when those rules will be formalized. Lawmakers and stakeholders have pressured the department to get the ball rolling, and it held a listening session last week to gather input from states and other interested parties.
But Agriculture Secretary Sonny Perdue has tried to temper expectations, emphasizing the need to “proceed slowly” given the crop’s complexity and saying that USDA plans to have its regulations ready for the 2020 growing season.
“We’re proceeding very judiciously obviously because of the uniqueness of the crop hemp and its relationship to other crops that we’re not encouraging,” he said last month, referring to marijuana.
While the USPS said that it issued the advisory because it was receiving an influx of inquiries about the rules governing mailing CBD, Kight On Cannabis suggested that it was prepared as a response to a legal dispute from last year surrounding the postal service’s seizure last year of hemp-derived CBD products that had been lawfully mailed.
Read the full USPS memo on mailing hemp-derived CBD below:
USPS CBD Hemp Clarification by on Scribd
Photo courtesy of Wikimedia/Kevin Payravi.
Marijuana Activists Protest John Boehner’s SXSW Speech
Advocates for social equity in the increasingly legal marijuana economy are protesting keynote speeches by former Republican House Speaker John Boehner and MedMen CEO Adam Bierman at South by Southwest (SXSW).
The Equity First Alliance, a group that promotes racial and social justice in the cannabis industry, said that Boehner and Bierman’s scheduled Friday appearances at the festival are a reflection of an ongoing trend where mostly white men are profiting off a market while people of color continue to disproportionately face criminalization for marijuana offenses.
Boehner has been the subject of ongoing criticism from marijuana advocates, who point out that he failed to act on cannabis reform, and opposed certain criminal justice reform legislation, during his 24 years in Congress. While he never introduced, cosponsored or voted in favor of marijuana bills in that time, he joined one of the largest cannabis firms, Acreage Holdings, as a board member last year.
Bierman has been accused in a lawsuit filed by a former employee of making racist and homophobic remarks. His company, which was valued at $1.6 billion last year, was also a member of a New York-based medical marijuana industry association that advocated against allowing home cultivation in a memo submitted to Gov. Andrew Cuomo. (The company told Marijuana Moment that it supports the right to home cultivation, but did not answer questions about its involvement in drafting the document. It was later asked to leave the group over Bierman’s alleged remarks.) Acreage remains a member of the same association.
“Our protest at SXSW sends a bold message in support of cannabis equity, justice, and repair,” the Equity First Alliance’s Felicia Carbajal said in a press release. “We stand together, recognizing that by defending the most marginalized among us, we defend all of us. We support the advocacy and resistance movements that reflect our multiple and intersecting identities, and we call on all defenders of human rights to join us.”
Activists held protest signs over a nearby highway and at a hotel where Boehner’s speech—which covers “the likely paths to national legalization and the challenges and opportunities America’s fastest growing industry face today”—will take place on Friday. The signs condemn “big marijuana” and call for social equity policies such as community reinvestment.
— Ministry of Hemp (@MinistryofHemp) March 15, 2019
“It’s clear this market is going to expand,” Boehner told CNBC in an interview ahead of the event. “And as it does, lawmakers in Washington have to look up and realize that the federal government is way out of step. It’s time for the federal government to get out of the way.”
In the press release, Equity First Alliance listed additional reasons they’re protesting as well as policies they support.
“In protest of:
—Those profiting off of cannabis without an intentional plan to repair and make whole individuals, families, and communities that have been devastated by the War on Drugs;
—Those profiting off of cannabis who once participated in prohibition;
—And those who would profit before freeing all cannabis prisoners and vacating all cannabis convictions
And calling for:
—10% of companies’ annual revenue to be reinvested in communities disproportionately harmed by the
War on Drugs;
—A new paradigm of social responsibility in the cannabis industry;
—And public policies that create an equitable, just, and reparative industry.”
“It’s hypocritical for an Austin based company like SXSW, a company imbedded in a city that preaches diversity and inclusion, to neglect the work of committing to create an inclusive space, and instead give a keynote platform to John Boehner,” Chas Moore, executive director of the Austin Justice Coalition, said. “This is disgusting.”
— AcreageHoldings (@AcreageCannabis) March 15, 2019
Marijuana Moment reached out to Acreage for comment, but a representative did not respond by the time of publication.
Photo courtesy of Gage Skidmore.