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  • What a federal ban on THC-infused drinks and snacks could mean for the hemp industry

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    MINNEAPOLIS (AP) — The production lines at Indeed Brewing moved quickly, the cans filling not with beer, but with THC-infused seltzer. The product, which features the compound that gets cannabis users high, has been a lifeline at Indeed and other craft breweries as alcohol sales have fallen in recent years.

    But that boom looks set to come to a crashing halt. Buried in the bill that ended the federal government shutdown this month was a provision to ban those drinks, along with other impairing beverages and snacks made from hemp, which have proliferated across the country in recent years. Now the $24 billion hemp industry is scrambling to save itself before the provision takes effect in November 2026.

    “It’s a big deal,” said Ryan Bandy, Indeed’s chief business officer. “It would be a mess for our breweries, for our industry, and obviously for a lot of people who like these things.”

    Here’s what to know about the looming ban on impairing products derived from hemp.

    Congress opened the door in 2018

    Marijuana and hemp are the same species. Marijuana is cultivated for high levels of THC in its flowers. Low-THC hemp is grown for its sturdy fibers, food or wellness products. “Rope, not dope” was long the motto of farmers who supported legalizing hemp.

    After states began legalizing marijuana for adult use over a decade ago, hemp advocates saw an opening at the federal level. As part of the 2018 farm bill, Congress legalized the cultivation of industrial hemp to give farmers, including in Republican Sen. Mitch McConnell’s home state of Kentucky, a new cash crop.

    But the way that law defined hemp — as having less than 0.3% of a specific type of THC, called delta-9 — opened a huge loophole. Beverages or bags of snacks could meet that threshold and still contain more than enough THC to get people high. Businesses could further exploit the law by extracting a non-impairing compound, called CBD, and chemically changing it into other types of impairing THC, such as delta-8 or delta-10.

    The result? Vape oil, gummy candies, chips, cookies, sodas and other unregulated, untested products laden with hemp-derived THC spread around the country. In many places, they have been available at gas stations or convenience stores, even to teens. In legal marijuana states, they undercut heavily taxed and regulated products. In others, they evaded the prohibition on recreational use of weed.

    Some states, including Indiana, have reported spikes in calls to poison-control centers for pediatric exposure to THC.

    A patchwork of state regulations

    Dozens of states have since taken steps to regulate or ban impairing hemp products. In October, Democratic California Gov. Gavin Newsom signed a bill banning the sale of intoxicating hemp products outside the state’s legal marijuana system.

    Texas, which has a massive hemp market, is moving to regulate sales of impairing hemp, such as by restricting them to those over 21. In Nebraska, lawmakers have instead considered a bill to criminalize the sale and possession of products containing hemp-based THC.

    Washington state adopted a program to regulate hemp growing. But the number of licensed growers has cratered since the state banned intoxicating hemp products outside of the regulated cannabis market in 2023. Five years ago, there were 220, said Trecia Ehrlich, cannabis program manager with the state agriculture department. This year, there were 42, and with a federal ban looming, she expects that number to drop by about half next year.

    Minnesota made infused beverages and foods legal in 2022 for people 21 and older. The products, which must be derived from legally certified hemp, have become so popular that Target is now offering THC drinks at some of its stores in the state.

    They’ve also been a boon to liquor stores and to small Minneapolis brewers like Indeed, where THC drinks make up close to one-quarter of the business, Bandy said. At Bauhaus Brew Labs, a few blocks away, THC drinks account for 26% of their revenues from distributed products and 11% of revenues at the brewery’s taproom.

    A powerful senator moves to close the loophole

    None of that was what McConnell intended when he helped craft the 2018 farm bill. He finally closed the loophole by inserting a federal hemp THC ban in the measure to end the 43-day federal government shutdown, approved by the Senate on Nov. 10.

    “It will keep these dangerous products out of the hands of children, while preserving the hemp industry for farmers,” McConnell said. “Industrial hemp and CBD will remain legal for industrial applications.”

    Some in the legal marijuana industry celebrated, as the ban would end what they consider unfair competition.

    They were joined by prohibitionists. “There’s really no good argument for allowing these dangerous products to be sold in our country,” said Kevin Sabet, president and CEO of Smart Approaches to Marijuana.

    But the ban doesn’t take effect for a year. That has given the industry hope that there is still time to pass regulations that will improve the hemp THC industry — such as by banning synthetically derived THC, requiring age restrictions on sales, and prohibiting marketing to children — rather than eradicate it.

    “We are very hopeful that cooler heads will prevail,” said Jonathan Miller, general counsel of the industry group U.S. Hemp Roundtable. “If they really thought there was a health emergency, there would be no year-long period.”

    The federal ban would jeopardize more than 300,000 jobs while costing states $1.5 billion in lost tax money, the group says.

    Drew Hurst, president and chief operating officer at Bauhaus Brew Labs, has no doubt his company would be among the casualties.

    “If this goes through as written currently, I don’t see a way at all that Bauhaus could stay in business,” Hurst said.

    What comes next?

    A number of lawmakers say they will push for regulation of the hemp THC industry. Kentucky’s second senator, Republican Rand Paul, introduced an amendment to strip McConnell’s hemp language from the crucial government-funding bill, but it failed on a lopsided 76-24 vote.

    Minnesota’s Democratic U.S. senators, Amy Klobuchar and Tina Smith, are among those strategizing to save the industry. Klobuchar noted at a recent news conference that the ban was inserted into the unrelated shutdown bill without a hearing. She suggested the federal government could allow states to develop their own regulatory frameworks, or that Minnesota’s strict regulations could be used as a national model.

    Kevin Hilliard, co-founder of Insight Brewing in Minneapolis, said the hemp industry needs a solution before planting time next spring.

    “If a farmer has uncertainty, they’re not going to plant,” Hilliard said.

    ___

    Johnson reported from Seattle. AP congressional reporter Kevin Freking contributed from Washington, D.C.

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  • Senators demand ICE cease use of facial recognition app

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    Senators Edward J. Markey, Ron Wyden and Jeff Merkley Thursday to Acting US Immigration and Customs Enforcement (ICE) Director Todd Lyons urging the agency to stop using “Mobile Fortify,” a smartphone app that uses biometric identification, including facial recognition. The lawmakers said facial recognition and warned that real-time surveillance could have a chilling effect on constitutionally protected activities.

    “As studies have shown, when individuals believe they are being surveilled, they are less likely to engage in First Amendment-protected activities, such as protests or rallies — undermining the very core of our democracy,” the senators wrote.

    They requested answers from the agency by October 2 as to who built the app, when it was deployed, whether ICE tested its accuracy, the legal basis for its use and current agency policies governing the tool’s use. They also asked whether ICE would commit to ending the use of Mobile Fortify, and to explain why if they would not. The letter was also signed by Senators Elizabeth Warren, Cory Booker, Chris Van Holle, Tina Smith, Bernie Sanders and Adam Schiff.

    Earlier this summer The Washington Post reported that the New Orleans police were secretly using facial recognition on a private camera network of over 200 live feeds. This went on for two years despite city ordinances requiring the technology only be used to search for specific suspects of violent crimes, and that the use be documented and reported to the city council. Facial recognition technology remains controversial, though a plurality of Americans support its use in both law enforcement and the workplace, with limitations.

    As there is still no federal regulation on the use of facial recognition, states have been left to craft their own guardrails, with states like allowing individuals to sue for damages over misuse of biometric data and requiring written consent for its use. Last year Meta to the state of Texas (the largest financial settlement ever paid out to a single state) for allegedly collecting biometric data on millions of Texans without their consent.

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    Andre Revilla

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  • Senators demand ICE cease use of facial recognition app

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    Senators Edward J. Markey, Ron Wyden and Jeff Merkley sent a letter Thursday to Acting US Immigration and Customs Enforcement (ICE) Director Todd Lyons urging the agency to stop using “Mobile Fortify,” a smartphone app that uses biometric identification, including facial recognition. The lawmakers said facial recognition remains unreliable and warned that real-time surveillance could have a chilling effect on constitutionally protected activities.

    “As studies have shown, when individuals believe they are being surveilled, they are less likely to engage in First Amendment-protected activities, such as protests or rallies — undermining the very core of our democracy,” the senators wrote.

    They requested answers from the agency by October 2 as to who built the app, when it was deployed, whether ICE tested its accuracy, the legal basis for its use and current agency policies governing the tool’s use. They also asked whether ICE would commit to ending the use of Mobile Fortify, and to explain why if they would not. The letter was also signed by Senators Elizabeth Warren, Cory Booker, Chris Van Holle, Tina Smith, Bernie Sanders and Adam Schiff.

    Earlier this summer The Washington Post reported that the New Orleans police were secretly using facial recognition on a private camera network of over 200 live feeds. This went on for two years despite city ordinances requiring the technology only be used to search for specific suspects of violent crimes, and that the use be documented and reported to the city council. Facial recognition technology remains controversial, though a plurality of Americans support its use in both law enforcement and the workplace, with limitations.

    As there is still no federal regulation on the use of facial recognition, states have been left to craft their own guardrails, with states like Illinois allowing individuals to sue for damages over misuse of biometric data and requiring written consent for its use. Last year Meta paid a $1.4 billion settlement to the state of Texas (the largest financial settlement ever paid out to a single state) for allegedly collecting biometric data on millions of Texans without their consent.

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    Andre Revilla

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  • Lawmakers who struggle and have struggled with mental health see power in ‘telling the story’ | CNN Politics

    Lawmakers who struggle and have struggled with mental health see power in ‘telling the story’ | CNN Politics

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    Editor’s Note: If you or a loved one are facing mental health issues or substance abuse disorders, call The Substance Abuse and Mental Health Services Administration National Helpline at 1-800-662-4357 or visit SAMHSA’s website for treatment referral and information services.



    CNN
     — 

    In the spring of 2019, Democratic Sen. Tina Smith of Minnesota was busy putting the finishing touches on a bill that sought to expand mental health care access for kids in schools.

    But she couldn’t shake the feeling she was being less than honest about just how personal the issue of mental health was for her.

    Smith was on the precipice of an election. She had no obligation to open up about her own depression that she says happened twice – once in college and once as a young mom. But in May 2019, on the floor of the US Senate, Smith, delivered a speech about mental health and admitted, “The other reason I want to focus on mental health care while I’m here is that I’m one of them.”

    “I remember being nervous,” Smith recalled of delivering the speech. “I was concerned that people would think that I was trying to like make it be about myself, but once I got beyond that, and I realized that there was power in me telling the story – me particularly being a United States senator, somebody who supposedly has everything all together all the time, then it started to feel really interesting, and I could see right away the value of it.”

    The National Alliance on Mental Illness estimates that one in five adults in the US – nearly 53 million Americans – experience mental illness every year. The Centers for Disease Control and Prevention reports more than 50% of Americans will experience mental illness in their lifetime. But for politicians – often far away from home, under high levels of stress and pressure, all risk factors for mental illnesses like depression and anxiety – talking about their own mental health is still a relatively rare admission.

    It’s why in February when Pennsylvania Sen. John Fetterman announced he was seeking inpatient treatment for clinical depression, lawmakers on both sides of the aisle celebrated not only his decision, but his transparency.

    “It’s tough in politics, there’s a lot of scrutiny, you’re clearly in the public eye a lot. There are consequences to the things you say and talk about, but I think in a circumstance like this, it helps the conversation,” Senate Republican Whip John Thune said. “It helps people realize and understand the impact that this disease has on people across the country.”

    Years after coming forward with her own experience, Smith said she doesn’t have any regrets. In light of the Fetterman news, she feels even more the importance to share.

    “I think that every time a somebody like John or me is open about their own experiences with mental illness or you know, mental health challenges, it just breaks down that wall a little bit more about people saying, ‘Oh, it’s possible to be open and honest and not have the whole world come crashing down on you,’” Smith said.

    It’s been decades since Smith experienced depression, but she said she still remembers so much about that time.

    “I thought I was just off,” Smith said. “Something is wrong with me. I’m not with it. I’m not doing well enough and then you start to sort of blame yourself, and I was sort of in that cycle,” Smith said.

    It was her roommate in college who first suggested she talk to someone. Reluctantly, Smith took herself over to student health services and started talking to a counselor. She said she started to feel better and eventually noticed her depression abated.

    But as Smith tells it, mental health is a continuum and about a decade later, as a young mom with two kids, she found herself experiencing depression once again. At the time, she said she was caught completely off guard.

    “This is the thing that’s so treacherous about depression in particular. You think that the thing that is wrong with you is you,” Smith said. “I’ll never forget my therapist telling me, she said ‘You’re clinically depressed. That’s my diagnosis. I think that you’d benefit from medication to help you.’”

    Smith said she initially resisted. But, after a continued conversation, she agreed to start medication as part of her treatment. She remembers it took time to work, but eventually she noticed a major improvement.

    When she emerged from her depression, Smith was in her early 30s. She said she hasn’t had a resurgence of depression since then, but that she does pay very close attention to her mental health now.

    There are 535 members of Congress and just a handful of them have shared personal stories related to mental illness. Most of those who have talked about their experiences publicly are Democrats. Most of the men who have shared their stories talk about them in the context of military service. In part, it’s a risk for lawmakers to get too personal. The history of reactions to politicians being open about their mental illness has been checkered in the last several decades.

    “People still remember Tom Eagleton,” Smith told CNN.

    In 1972, Eagleton was newly selected to be the running mate for Democratic presidential nominee George McGovern. He admitted to being treated for clinical depression and receiving electroshock therapy. Days later, he withdrew from the ticket even as he continued to serve for years in the Senate.

    Memories of those kinds of episodes impact members in how they approach talking about mental health, even in recent memory.

    “When I was in Congress, I did everything I could to keep everybody from finding out that I needed help,” former Rep. Patrick Kennedy told CNN.

    Kennedy represented Rhode Island in Congress from 1995 to 2011. He suffered from addiction and bipolar disorder. While he was there in 2006, he crashed his green Mustang convertible into a barrier outside the Capitol in the early morning. Following the crash, he pointed to sleeping pills as the culprit and checked himself into the Mayo Clinic for treatment.

    “And is the case with anybody with these illnesses is it is the worst kept secret in town and you are often the last one to realize in what bad shape you are. People won’t tell it to your face because you are a member of Congress, your staff is walking around on eggshells,” Kennedy said.

    “When I did go to treatment. I kind of did it after I had been revealed to be in trouble like I’d gotten in a car accident.”

    But when he got back, Kennedy heard from many colleagues about their own struggles with issues related to mental health.

    Kennedy predicts when Fetterman returns to the Senate, that might also happen to him.

    “I think he is going to have our colleagues from both the House and the Senate look for him in order to tell him what is going on with them. He’s the only one they know,” Kennedy said. “While stigma is going away, there is a less forgiving attitude toward people who suffer from mental illness and addiction.”

    The aftermath of January 6, 2021, was another moment where the conversation around mental health started to shift on the Hill. Suddenly, members and their staff had undergone a traumatic and shared experience in the workplace.

    Democratic Rep. Sara Jacobs of California was just four days into being a new member of Congress on January 6th when she was trapped in the gallery above the House floor with several other members of her party. The experience – the sound of gas masks being deployed, the frenzy to escape, the echo of a gunshot – left her reeling. Jacobs said she considered herself well positioned to seek help. She already had a therapist. But, she noticed some of her older colleagues didn’t have the same tools.

    “I remember actually, after January 6, talking to some of my colleagues here who were a bit older and encouraging them to seek therapy and to get help because it was just something that that wasn’t as accustomed for them,” she said.

    The group of lawmakers who were trapped in the gallery also sought therapy together via Zoom and kept in touch via a text chain.

    For Jacobs, the trauma of January 6 manifested itself in unexpected ways. Suddenly, fireworks – something she once loved – were triggering. Loud people chanting or gathering somewhere made her tense up. She said a lot of her colleagues also dealt with anger, “lots of anger toward colleagues who went back that night and continued to deny the election.”

    When her brother got married in the fall and had fireworks, she had to excuse herself to another room because “it was stressing my body, my nervous system so much.”

    Rep. Dan Kildee, a Democrat from Michigan, also came forward after January 6 to talk about his battle with post-traumatic stress disorder after that day.

    It wasn’t easy.

    “There is still a stigma. People still make their own judgments and that was one of the reasons I decided to talk about it so that people would see that it can happen to anybody. You just have to get the care that you need.”

    “Not everybody was accepting when I sought treatment. My former opponent ridiculed it,” Kildee said.

    For Jacobs, who has been taking medication for anxiety and depression since 2013, stories like Fetterman’s are a sign that maybe the discussions around mental health are beginning to change on the Hill and maybe even in the rest of the country.

    “I think there’s absolutely a generational divide. And there’s also a gender divide and that’s why I think it’s so incredibly brave that Fetterman not only got the treatment needed, but talk about it,” Jacobs told CNN. “I think for me as a young woman, I spent a lot of time with my friends and peers talking about mental health, talking about therapists and what we’re learning in therapy, but I know that that is not something that other generations really have felt open to do.”

    It’s not clear, ultimately, how Fetterman’s openness around his mental health will impact the Hill going forward. It’s not clear what resonance it will have in the rest of the country or even back home for voters. But for lawmakers who’ve taken steps already to share their stories, there is some hope that it could make a major difference.

    “It doesn’t take a statistician to tell you that of the 100 of us in the United States Senate, mental health issues are going to have touched every single one of us in one way or another,” Smith said. “I think it gives people some permission to maybe speak a little bit more openly about it.”

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