As someone who runs both a marijuana and a hemp company, I’ve seen firsthand how an arbitrary line in the sand can create unnecessary chaos. My name is Jason Reposa, and I spend my days at Good Feels navigating two sets of rules, two supply chains, and two completely different markets – all for the same plant.
RELATED: Top hemp-producing state is not who you think
Let’s face it: As Trump and Harris battle for the presidency, our industries are stuck in their own civil war over a plant. Yes, a plant. The same plant, actually – just with an arbitrary THC percentage that someone pulled out of thin air. This 0.3% THC distinction, which has somehow become cannabis’s Mason-Dixon line, isn’t just causing market confusion – it’s creating parallel markets for identical molecules, forcing businesses to duplicate infrastructure, and preventing the kind of scale that could make plant-based wellness more accessible to everyone according to industry analysts.
Think about it like this: imagine if we forced beer and spirits to operate as completely separate industries, with different rules, different stores, and different shipping laws – even though they’re both just selling alcohol in different strengths. Oh wait… that’s exactly what we did after Prohibition, and we’re making the same mistakes all over again.
Let’s get our terms straight
Before we dive deeper, let’s clear up what we’re talking about:
- Cannabis: The plant itself – that’s it. No legal definitions, just the plant that’s been used for thousands of years.
- Hemp: Legally defined as cannabis plants with less than 0.3% THC. These plants and products can cross state lines thanks to the 2018 Farm Bill.
- Marijuana: The legal term for cannabis plants over 0.3% THC sold through state-licensed dispensaries. (Yes, it’s an outdated term, but it’s still in the laws.)
RELATED: The etymology of cannabis slang
The real losers? Consumers
This industry split doesn’t just hurt businesses – it’s confusing customers, and there’s no faster way to lose their trust. Think about shopping for THC products: same molecule, same effects, but totally different rules and prices depending on whether it’s hemp-derived or marijuana-derived. It’s no wonder people are frustrated.
The split creates other problems, too:
- Mixed messages about safety and quality
- Confusing product labels
- Limited access to plant-based options
- Harder to find reliable information
The market today: a tale of two industries
The numbers tell an interesting story. The hemp-derived product market continues to grow steadily despite regulatory challenges, while state-legal marijuana sales have reached record highs, with states like California alone generating over $4.4 billion in 2023. That’s a lot of money for industries that keep fighting over the same plant.
The reality check: neither side has it perfect
Both industries face unique challenges and advantages. While marijuana companies deal with strict oversight but enjoy high consumer trust, hemp companies have a broader reach but face constant scrutiny. Let’s break down what each side is really dealing with:
Marijuana companies: heavy regulation, high trust
- Must follow strict state rules
- Can sell high-dose products
- Customers trust the quality
- Local sales only
- BUT: Get crushed by taxes and can’t use normal banks
RELATED: Southwestern state leans into hemp THC
Hemp companies: broader reach, bigger headaches
- Can sell across state lines
- Easier to start up
- More places to sell
- BUT:
- Limited to low-dose products
- High shipping costs (up to $60 for a case of drinks in some regions!)
- Fight constant battles over synthetic products
- Harder to earn customer trust
What’s working: states that get it right
Some states have figured out how to make this work, and their success shows us what’s possible when we stop fighting and start fixing.
Minnesota’s smart approach
They created clear rules that work for everyone:
- Set quality standards
- Check products for safety
- Keep products away from kids
- Make rules clear for businesses
Result? A market that works. Businesses know what to do, customers know what they’re buying, and everyone follows the same rules.
Oregon’s unified plan
They did something really smart: they stopped treating hemp and marijuana as totally different things. Instead, they:
- Use the same testing rules for both
- Track products the same way
- Protect customers the same way
- Let businesses understand one set of rules
RELATED: You may be surprised by which city smokes the most pot
Industry standards: a framework for the future
As a member of the Hemp Beverage Alliance, I’ve seen the industry working to set its own standards in the absence of federal oversight. While I don’t agree with all proposed limits, their framework offers a solid starting point:
Clear product standards
- Consistent serving sizes for THC products
- Appropriate age restrictions (21+ for THC products)
- Multiple serving packages clearly marked
- Industry-standard testing requirements
Consumer-first labeling
- Front-panel cannabinoid levels
- FDA disclaimers
- Medical and pregnancy warnings
- Clear age restrictions
- Delayed effects warnings (“start low, go slow”)
- Accessible lab results (QR codes/URLs)
Smart regulation
- State-to-state consistency
- Clear guidelines for interstate commerce
- Taxation comparable to beverage alcohol
- Protection for consumers and businesses alike
A blueprint for moving forward
From my unique position straddling both industries, here’s what needs to happen:
- Break down retail barriers
- Let marijuana dispensaries sell hemp products
- Enable both in-store and online sales
- Create unified retail experiences
- Standardize safety
- Implement strict testing requirements for hemp products
- Create clear, consistent rules across states
- Establish a hemp regulatory body for certification
- Enable interstate commerce
- Allow brands to cross state lines
- Let cultivators choose their channel based on THC levels
- Create efficient systems for both high-dose and low-dose distribution
- Level the playing field
- Align hemp company taxes with marijuana industry standards
- Create fair competition without duplicate infrastructure
- Share the regulatory burden equally
The future: time to work together
The upcoming election might change everything about how cannabis is regulated in America. But here’s the truth: we can’t wait for politicians to fix this. The hemp and marijuana industries need to start working together now.
RELATED: These prescriptions may interact negatively with weed
Look at Minnesota and Oregon. They’ve shown us what’s possible when we focus on what matters: making safe products that customers can trust. Whether federal legalization comes in 2024 or later, the time to prepare is now. Industry analysts project significant growth for both sectors through 2025, with increasing state legalization driving marijuana sales and growing consumer acceptance boosting hemp products.
After all, we’re not really two different industries. We’re just two sides of the same plant, trying to grow in different directions.
*This article was submitted by a guest contributor. The author is solely responsible for the contents.