Hoban Law: Cannabinoids 101

Hoban Law: Cannabinoids 101

By |April 29th, 2021|

 

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!

New

Cannabis Law Journal – Editorial Board Members

Editor – Sean Hocking

Author Bios

Canada
Matt Maurer – Minden Gross
Jeff Hergot – Wildboer Dellelce LLP

Costa Rica
Tim Morales – The Cannabis Industry Association Costa Rica

Nicaragua
Elvin Rodríguez Fabilena

USA

General
Julie Godard
Carl L Rowley -Thompson Coburn LLP

Arizona
Jerry Chesler – Chesler Consulting

California
Ian Stewart – Wilson Elser Moskowitz Edelman & Dicker LLP
Otis Felder – Wilson Elser Moskowitz Edelman & Dicker LLP
Lance Rogers – Greenspoon Marder – San Diego
Jessica McElfresh -McElfresh Law – San Diego
Tracy Gallegos – Partner – Fox Rothschild

Colorado
Adam Detsky – Knight Nicastro
Dave Rodman – Dave Rodman Law Group
Peter Fendel – CMR Real Estate Network
Nate Reed – CMR Real Estate Network

Florida
Matthew Ginder – Greenspoon Marder
David C. Kotler – Cohen Kotler

Illinois
William Bogot – Fox Rothschild

Massachusetts
Valerio Romano, Attorney – VGR Law Firm, PC

Nevada
Neal Gidvani – Snr Assoc: Greenspoon Marder
Phillip Silvestri – Snr Assoc: Greenspoon Marder

Tracy Gallegos – Associate Fox Rothschild

New Jersey

Matthew G. Miller – MG Miller Intellectual Property Law LLC
Daniel T. McKillop – Scarinci Hollenbeck, LLC

New York
Gregory J. Ryan, Esq. Tesser, Ryan & Rochman, LLP
Tim Nolen Tesser, Ryan & Rochman, LLP
Cadwalader, Wickersham & Taft LLP

Oregon
Paul Loney & Kristie Cromwell – Loney Law Group
William Stewart – Half Baked Labs

Pennsylvania
Andrew B. Sacks – Managing Partner Sacks Weston Diamond
William Roark – Principal Hamburg, Rubin, Mullin, Maxwell & Lupin
Joshua Horn – Partner Fox Rothschild

Washington DC
Teddy Eynon – Partner Fox Rothschild