Weed. Pot. Grass. Mary Jane. By whatever name you call it, could marijuana ever be a rose in the natural products garden? Or will it always be a thorn?

Election results in 2014 reflected a liberalizing breeze continuing to blow in select pockets of the U.S., as voters in Alaska, Oregon and the District of Columbia joined Colorado and Washington State in legalizing the use of recreational marijuana. Meanwhile, in Florida, a measure that would have allowed marijuana for medical use received 57% of the popular vote, but failed to pass because a 60% threshold was required. However, 23 states and Washington, D.C. have approved medical use of marijuana even before the 2014 balloting.

A trend is developing that many couldn’t have imagined just five years ago. The U.S. has come a long way since 1996 when California became the first state to legalize medical marijuana, and an even longer way since 1936 when the movie “Reefer Madness” was released, and spurred the demonization of pot.

Nevertheless, there is still sharp division in the electorate, the medical community, the legal profession and the nutraceuticals industry about the appropriate future of marijuana. The federal government’s Controlled Substances Act continues to classify marijuana as a Schedule 1 drug, which means no prescriptions may be written for it, and it is subject to rules imposed by the Drug Enforcement Administration (DEA).

With advocates and opponents of legalization in stark contrast, it’s understandable that there is no certainty about whether marijuana may ever be found suitable for health foods commerce.

Let’s Get the Terms Right
“The first thing is to get the nomenclature correct,” said Michael McGuffin, president of the American Herbal Products Association (AHPA), Silver Spring, MD. “The plant we are talking about is Cannabis sativa, which has numerous derivatives with varying levels of the active ingredient tetrahydrocannabinol (THC). This is the agent responsible for causing psychotropic effects.”

Noting that marijuana is the popular name for a substance obtained from the top, leafy part of the cannabis plant, the AHPA executive said another constituent, called cannabidiol (CBD), is unlikely to be intoxicating. “There is very little, if any THC, in hemp (Cannabis sativa L)—below 0.3%—and therefore very little, if any, psychotropic effect with products derived from hemp,” he said.

Emphasizing that there is a difference between marijuana and hemp, (also known as industrial hemp), Mark Blumenthal, founder and executive director of the Austin, TX-based American Botanical Council (ABC), called CBD “one of the most therapeutic compounds in cannabis.”

“Hemp seed products have been sold in the natural products industry for at least two decades or probably longer,” he added. “Such products include hemp oil, meals, etc., and are marketed primarily for their omega-3 fatty acid and/or protein contents.”

Chris Boucher, vice president of product development at CannaVest Corporation, a San Diego, CA-based company known for developing, producing, marketing and selling consumer products containing industrial hemp-based compounds, referred to hemp and marijuana as “two plants, both scientifically classified as Cannabis sativa.” Think Chihuahuas and Great Danes, quite different, but both dogs. Hemp is usually taller and contains far less THC, Mr. Boucher explained.

He also distinguished between agricultural hemp and industrial hemp, the former being used primarily as a nutritional product, and the latter as a source for oil, wax, resin, rope, cloth, pulp, paper and fuel.

Taking a different tack, Carla Lowe, a staunch foe of marijuana legalization, said she would “oppose any cannabis edible containing any level of THC.”

Ms. Lowe, who is director of Citizens Against Legalizing Marijuana (CALM), Carmichael, CA, described the substance as a “fat-soluble, mind-altering, highly toxic drug that remains in the body for up to one month, building up with each additional joint. The two organs most affected are the brain and sexual organs. The potency of the most active chemical, delta 9 tetrahydrocannabinol (THC), is 10-20 times stronger than 30 years ago.”

When is Medicine Not Medicine?
For almost 20 years, some state governments have recognized a distinction between products designated as “medical marijuana” and those deemed to be “recreational marijuana.” For some observers, these separate definitions are essentially a meaningless attempt to create boundaries where none exist.

“Medical marijuana is a fraudulent term [intended] to give pot a good name as a first step toward full legalization,” said Roger Morgan, former executive director of the Coalition for Drug-Free California and currently the founder and director of the Take-Back America Campaign, in Lincoln, CA.

Describing himself as a friend and colleague of Carla Lowe, Mr. Morgan said, “The medical marijuana hoax that has been perpetuated on citizens now in 23 states has had serious negative impacts on all aspects of society,” including declines in academic achievement, and increases in school dropout rates.

Meanwhile, Ashley Lindstrom, managing editor of HerbalGram, ABC’s flagship publication, said, “I’ve often heard people claim ‘it’s all medicinal.’ While I wouldn’t make such an absolute statement myself, I agree that it can be murky.”

Some people who consider themselves recreational users “may in fact be unwittingly or knowingly self-medicating to address health concerns such as anxiety, insomnia, post-traumatic stress disorder (PTSD), depression, attention disorders and pain,” she said.

“While cannabis may be a beneficial tool in treating such conditions,” Ms. Lindstrom added, “it’s a worthy goal to de-stigmatize such conditions so people will be encouraged to pursue official medical diagnoses and the guidance of a doctor in order to collaborate in creating an optimal treatment plan.”

The notion of therapeutic cannabis being taken without medical supervision probably goes back a thousand years or more, said David Bearman, MD. “Gruel was a food staple in the Middle Ages, and hemp was a major ingredient of gruel,” according to the Goleta, CA-based physician, who has given expert testimony in numerous court cases involving marijuana.

Some of the early patent medicines also contained THC, which, even at relatively low doses, helped relieve anxiety, Dr. Bearman added. Presently, he said, there is research showing that “at least 15 types of cancer cells have been killed by cannabinoids.” The mode of action seems to be inhibition of the formation of new blood vessels that are necessary to nourish the cancer cells, he said.

Doctors like Dr. Bearman do not, however, represent the official view of the American Medical Association (AMA). Since 1969, the AMA has publicly opposed legalization of cannabis. It still holds to that stance today, although in 2013, the organization’s House of Delegates updated policy statements to support a public health-based approach, rather than incarceration, as the centerpiece strategy for addressing individual possession and use of cannabis.

At the same time, the AMA called for more research. A continuing concern appears to be that, in the debate about legalization, consequences of long-term cannabis use may be underestimated especially among youths, adolescents and people in high-risk situations.

Legally Speaking
AHPA’s Mr. McGuffin identified the federal Food, Drug and Cosmetic Act as amended by the Dietary Supplement Health and Education Act of 1994 (DSHEA), and the Controlled Substances Act of 1970 as the “key to regulation of marijuana and other cannabis-derived products.”

The Controlled Substances Act lists marijuana on Schedule 1, the most tightly restricted category reserved for drugs deemed to have “no currently accepted medical use,” said Mr. McGuffin. “Essentially, it bars commerce of marijuana, but defines this to exclude the seed and seed oil as well as most articles derived from the stalk; and the lawful marketing of hempseed oil products has been further protected by subsequent judicial decisions,” he explained.

“DSHEA, meanwhile, does not exclude cannabis-derived substances from being considered supplements,” he added. “Thus, there is a pathway for these to enter the health foods industry and even for structure/function claims to be made, if the Controlled Substances Act were no longer to block that pathway.”

Weighing in against marijuana for the natural products industry, Marc Ullman, a partner in the Garden City, NY law firm of Ullman, Shapiro & Ullman LLP, warned that laws and regulations governing dietary supplement sales should keep the substance from popping up on health food shelves anytime soon.

“Embracing marijuana as a mainstream supplement has the potential to severely damage the supplement industry’s efforts to project itself as mainstream and focused on issues relating to public health,” Mr. Ullman stated. As an intoxicant, it has no legitimate role in the industry, he added.

“To the extent that marijuana has medicinal benefits, such as helping chemo patients deal with nausea,” Mr. Ullman pointed out that “under the Food, Drug and Cosmetic Act it would more appropriately be regulated as a pharmaceutical”—either as an over-the-counter (OTC) medicine or a prescription drug.

Daniel Fabricant, executive director and CEO of the Natural Products Association (NPA), Washington, DC, shared Mr. Ullman’s conviction that marijuana is a no-go for supplement purveyors. Federal law prohibits it. So do most states. And, said Dr. Fabricant, he doesn’t expect any changes in that situation in the near-term future.

Meanwhile, a small percentage of natural products retail outlets are also licensed pharmacies, which could open a pathway into marijuana trade. At one of these, Willner Chemists in New York City, company president Arnie Gitomer said he is in no hurry to introduce marijuana—even if New York law changed and he could bring it in.

Noting that upward of 90% of his store’s volume comes from supplements and other natural products, and less than 10% from pharmaceuticals, Mr. Gitomer said he has reservations about the type of customers marijuana might attract, as well as fears that his store’s and the industry’s reputation might suffer. He also expressed worries about potential liability if someone purchased marijuana from Willner and was later involved in an accident while under the influence.

Benefits & Cautions
Pose the question “How might industry members benefit if marijuana were admitted as an allowable product?” and the elephant in the room becomes immediately apparent: “The obvious benefit to retailers would be increased revenues from an entirely new source of sales,” said ABC’s Mr. Blumenthal.

Historically, however, not all those in the industry are there solely because of money. Moral, medical, legal and social concerns must also be considered.

California-based physician and author of Mind Boosters, Ray Sahelian said, “I can see marijuana, mostly in the form of edibles, being available in health food stores to those who use it occasionally for relaxation, relief of insomnia, reduction of headache pain, and to stimulate appetite. I am not keen on smoking and inhaling since regular use can cause damage to lung tissue and the rest of the lining of the respiratory system. I am concerned with misuse and overuse since that is easy to do with this herbal medication. Regular use can also cause a reduction in motivation and mental abilities. If marijuana is used occasionally by those with strong will power, it can be a useful herb.”

“Marijuana is a natural product with therapeutic benefits, and it is safer than alcohol—with fewer side effects,” asserted Taylor West, deputy director of the National Cannabis Industry Association, a 5-year-old Denver, CO-based organization representing more than 700 member companies.

This being said, she also acknowledged reasons health food stores might not be eager to add marijuana to their inventory. “Getting into this business is not easy; you need more than a simple business permit,” Ms. West cautioned.

The federal ban makes interstate commerce impossible, meaning every ounce must be grown, processed and packaged in the same state where it is sold. Banking, too, is a hassle. Again because of the interstate commerce barrier, banks are loath to give loans or even accept deposits. While dealing in cash may sound like a dream, it is a nightmare in practice. There is a logistical issue in finding places to store cash, and serious security risks in holding and moving it.

“For the foreseeable future, marijuana will be treated as a controlled substance subject to more restrictions and recordkeeping than natural product companies are accustomed to,” Ms. West said. At present, she noted, all the dispensaries she is aware of are located in separate, discrete quarters—not intermingled with other products, such as a body care section that might be set up in a health foods store.

While not directly addressing the possibility of marijuana becoming part of the natural products industry, Erik Altieri, communications director for Washington, D.C.-based NORML (National Organization for the Reform of Marijuana Laws), offered his thoughts on societal benefits.

“NORML believes the reasons we should legalize marijuana are the same as most of the stated goals of the people who say they want prohibition,” said Mr. Altieri. “We want to decrease youth access, we want to create safer communities, we want to better prioritize our law enforcement resources and direct them toward violent crimes. Currently, there is a burglary in this country, a home invasion, at a staggering rate, almost every 30 seconds or so. Meanwhile, we are arresting marijuana smokers at a very similar rate. The difference is, [with] most home burglaries, only about 10% of those people are ever caught.”

More than half of all the inmates in federal prison are there for drug offenses, according to statistics released by the Federal Bureau of Prisons in January 2014. In fact, Mr. Blumenthal cited an October 2014 article in The Nation, saying, “The two largest political forces trying to keep marijuana illegal are 1) the pharmaceutical industry and 2) the private prison industry!”

In a 2007 report, Richard Glen Boire, JD, of the Davis, CA-based Center for Cognitive Liberty & Ethics (CCLE), said, “In nearly every state, a person who commits a marijuana offense, and fully serves his or her sentence (or successfully completes probation), is nonetheless subject to continuing and long-lasting professional debilitation, barriers to family life, and limits on civic participation. Across the United States, thousands of people convicted of marijuana offenses have lost their right to vote, to obtain professional licenses, to receive public assistance or public housing, or even to adopt a child. Further, under the laws of many states, employers may lawfully refuse to hire or promote a person because of a marijuana conviction (or, in some states, merely because of a marijuana arrest). Thousands of young people convicted of marijuana offenses have had their educations sidetracked or ended by being denied educational aid.”

Bottom Line
Should marijuana be part of the dietary supplement industry or not? As NPA’s Dr. Fabricant emphasized, the question, for the present, is moot: Marijuana can’t be part of the industry while federal law continues to regard it as a Schedule 1 drug.

As seen in this article, however, some industry members would willingly welcome (or at least accept) its introduction if the legal obstacles were removed. What’s your opinion on this topic? Send an e-mail to nutraceuticals@rodmanmedia.com. Indicate whether you are for or against marijuana entering the industry, and include a brief statement explaining why you feel the way you do.