On Monday, May 6, the Massachusetts Department of Agricultural Resources (MDAR, as it’s called in-state) issued a cease-and-desist order to Bay State Extracts demanding the company destroy and cease all production of THCv. The days since have left hemp and cannabis businesses in the state confused and uncertain. 

“This was a huge surprise,” said Samantha Seagaard, CEO of the Fresh Connection. “I did not see this coming.”

Jason Reposa, CEO of Good Feels, agrees. “I did not have this in the cards. It’s misinformed and it was a surprise.”

The main question is: why? Why is MDAR targeting this cannabinoid, and what is the end goal? 

“What problem does this seek to solve?” asked John Nathan, CEO of Bay State Extracts, who first broke this news on his LinkedIn. “What problem exists that they need to take this action?” 

There is no clear answer. Who benefits from banning THCv is unclear, as is the reasoning for the blanket ban. One guess is misinformation. 

What is THCv? 

The order Nathan received said to, “cease and desist the manufacture and sale of hemp products containing THC-V or any synthetic isomers of THC that are not otherwise authorized by state or federal law."

But THC-v and THC aren’t the same compounds. THCv occurs naturally in both hemp and marijuana plants, though much of the THCv products on the market are made by converting CBD isolate. However, it is not an isomer of THC, like delta-8 and delta-10 are. It is a separate molecular compound. 

“Even though THC-V shares the first three letters of THC, it is not a tetrahydrocannabinol.” Nathan continued.  “It is a tetrahydrocannabivarin. It’s not intoxicating.” 

In smaller doses, THCv is not intoxicating and in larger doses, it is less intoxicating than THC. Early research on THCv shows promising results for a variety of conditions, including diabetes, Parkinson’s disease, obesity, and osteoporosis. The many benefits of THCv include glycemic control and appetite suppression, it can act as a neuroprotective and anticonvulsive and has fewer side effects than THC. 

Why Ban THCv?

“I want to know why they [MDAR] are not prioritizing the more dangerous compounds from the hemp plant, versus one that occurs naturally. The term ‘synthetic cannabinoid’ has a defined meaning that this [THCv] does not meet.” Nathan said. 

Bay State Extracts supplies a vast majority of the THCv used in the Massachusetts supply chain and is the only company that has received the cease-and-desist. But they won’t be the only ones affected by this ban if it carries through – every company based in Massachusetts dealing with hemp or cannabis will be.

An extra complication in this case is that MDAR only has authority over hemp companies. If a brand manufactures THCv inside of a licensed cannabis business, the ban wouldn’t apply. 

“Why pick this cannabinoid specifically?” Reposa asked. “How did [MDAR] come to this conclusion?” 

No one seems to know. The agency issued a statement to Talking Joints that refused to comment further on the matter, a standard government response. The biggest concern is the fallout from this ban. Will MDAR stop after banning one compound, or will they continue to pick off minor cannabinoids one by one?

“There is a downstream effect from blanket bans on beneficial compounds,” Nathan said. “This could set a precedence that stunts industry growth and reduces patient and consumer access to beneficial products.” 

Reposa agrees. “Banning cannabinoids is a problem. What’s next? CBN? CBC? This puts many other compounds on the chopping block, compounds with therapeutic benefits - benefits we don’t even fully understand yet. It’s reactionary.” 

The Fallout

Whether this ban will hold is uncertain. There will doubtlessly be pushback from businesses against this MDAR order, and Nathan is already working on an appeal. But getting government officials to pull back is even harder than getting them to move forward.

“You can’t put the toothpaste back in the tube.” Reposa said. “I can’t imagine they pull back on this – but who is going to enforce it?” 

In the meantime, confusion reigns. “Our phones have been ringing like crazy.” Nathan said. “Product manufacturers, lab directors, chemists, pharmacists, biologists - people are really nervous and they want to know how to fight this. 

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