From dog treats to massage oils, hemp sales soar, and medical pot industry wants in -...

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At age 80, Marge Howard has no interest in getting high — but she says that doesn't stop her from enjoying the benefits of cannabis.

Coping with the stresses of arthritis and the nursing care her husband requires, Howard said she finds relief through weekly massages using CBD oil. The substance is derived from hemp, the same cannabis sativa plant as marijuana, but manufacturers say it has little or no THC, the component that gets users stoned.

"It's beyond relaxation," said Howard, who briefly fell asleep at the end of her CBD-infused massage at Renu Day Spa in Deerfield, which specializes in CBD treatments. "It really helps me chill out."

Nearly two years after medical marijuana was rolled out in Illinois, a parallel industry of other merchandise derived from the cannabis plant appears to be thriving. From massage oils to doggy treats to e-cigarettes, a dizzying array of products that purport to soothe ailments from insomnia to inflammation is available for sale in Illinois — though some skeptics call them snake oils and say there's little scientific evidence of their effectiveness.


But unlike medical marijuana in Illinois — where growers and dispensaries are heavily regulated, patients require a doctor's prescription and a background check, and only those with certain approved medical conditions are granted access — adults can sell, purchase or use hemp-based products.

And according to the industry, plenty of people are buying and using them, with customers influenced by the mainstreaming of medical and recreational pot, now legal in eight states.

Sales of products containing CBD, or cannabidiol, increased 30 percent to $262 million nationwide last year, according to the Hemp Business Journal. By 2020, the industry trade journal projects that figure to leap to more than $1 billion, with most of those sales from hemp, not medical marijuana.

Such figures, and the sense that the largely unregulated hemp industry might be cutting into their sales, have raised concerns among some of Illinois' medical marijuana cultivators, who paid millions of dollars for licenses and setup costs to sell their own CBD oil and other, medical marijuana products.


So now the Medical Cannabis Alliance of Illinois, which represents growers and sellers in the state, wants in on the action. A bill pending in the Illinois General Assembly would allow hemp to be grown legally in Illinois. If that happens, medical marijuana growers would like to process and offer it to the general population through existing dispensaries, alliance Chairman Ross Morreale said.

"Dispensaries should be allowed to sell CBD products to the public," he said. "Then we can deliver hemp CBD in a responsible way."

If enacted, that would mark a major shift for medical marijuana growers, with their potential customers increasing from a relatively small pool of 25,000 certified users to the general public. Advocates say such a change could also address a lack of regulation of hemp by subjecting it to the same testing for potency and pesticides required for medical marijuana in Illinois.

'Consumers beware'

Yet with the benefits of medical marijuana still the subject of controversy, the safety, effectiveness and legality of CBD-based products are also disputed.

In the past two years, the U.S. Food and Drug Administration sent 14 warning letters to CBD vendors, reporting that tests found most products contained less than 1 percent CBD and most contained trace amounts of THC. The FDA emphasized that it has not approved such products for the treatment or prevention of any disease.

"Consumers should beware purchasing and using any such products," the FDA announced.

However, clinical trials have shown that cannabidiol appears safe and decreases seizures in children with rare forms of epilepsy, prompting the FDA to allow special access to the drug for that purpose. GW Pharmaceuticals, which makes a CBD extract called Epidiolex, plans to file for FDA approval of it this year.


In addition, the National Institute on Drug Abuse in a 2015 report said laboratory studies have shown CBD to be potentially useful for its antioxidant, neuroprotective, anti-inflammatory, anti-tumor, anti-psychotic and anti-anxiety properties, though the federal government research institute said more human trials are needed.

But because FDA officials now consider CBD an investigational drug, which requires prior approval for testing, the FDA has ruled that CBD may not be sold as a dietary supplement.

Even marijuana advocates such as Dan Linn, executive director of Illinois NORML, have raised concerns about over-the-counter products, saying consumers often don't know what they're getting or its effects, and may be buying "snake oil" that doesn't even contain CBD.

Some hemp sellers told the Tribune that their products are tested by third-party laboratories that assure quality control, and those test results are available to vendors and online.

But they caution that they can't give medical advice, and some products come with this disclaimer: "This product is not intended to diagnose, treat, cure, or prevent any disease."

Complicating matters further is the fuzzy legal status of CBD oil.

Under federal law, cannabis is illegal to possess or consume — even in states where it's legal for medicinal or recreational use. It's classified by the U.S. Controlled Substances Act as a Schedule I drug, with no medical benefit and a high risk of abuse, the same class as heroin and LSD. However, the act makes an exception for the stalks, oil and sterilized seeds of the plant.

Effective this year, the U.S. Drug Enforcement Administration ruled that marijuana extract, including CBD, was prohibited — a decision the Hemp Industries Association has challenged in court.

Whatever the outcome, the DEA says it's got bigger issues to focus on.

The DEA's "primary concern is addressing the opioid crisis that is affecting the United States. CBD oil /hemp plant enforcement is not where the DEA is prioritizing its resources," an agency spokesperson told the Tribune.

Enforcement actions remain rare at the local level too. A Chicago police spokeswoman said the department is not making arrests for hemp sales. An Illinois State Police spokesman said that while anything containing THC violates the law, products made from stalks, seeds and oil are lawful.

Seventeen states allow the sale of CBD products with low THC content, according to the National Conference on State Legislatures. That's in addition to the 29 states that allow medical marijuana.

Adding further uncertainty is the position of the administration of President Donald Trump. While hemp is protected if it's part of a state program authorized by federal law, Attorney General Jeff Sessions has asked lawmakers to drop the ban on federal prosecutions of state medical marijuana programs.


All the legal confusion has prompted some vendors to limit their businesses to online-only sales.

"I'm afraid if I had a store, they could shut me down," said Marjan Mendelsohn, founder and CEO of Hemp for Fitness, a website selling hemp honey sticks, capsules, candles and vape oil.

Hemp oils, chocolates, gummy bears

Hemp advocates point to its long history as an agricultural crop used to make rope, clothing and other products. American colonists grew hemp, and George Washington referenced growing it in his diary.

During the 20th century, though, production fell drastically, starting when marijuana was first taxed in the 1930s and again when it was generally outlawed in the 1970s.

In recent years, hemp products have been imported, but now domestic hemp production is growing, thanks in part to a change in federal law. In 2014, the agriculture bill authorized the growth of hemp in states that approve it, which some states have done.

Hemp products can now be found in mainstream grocery stores and specialty shops. CBD Kratom, which opened stores last year in Chicago's Wicker Park and Andersonville, sells rows of CBD oils, chocolates, gummy bears and a $400 box labeled as containing 4,000 milligrams of CBD.

CBD even comes in concentrates called wax, which customers may inhale as vapor using an electronic cigarette.

Though owner David Palatnik doesn't grow hemp, he believes that farming it in Illinois would significantly increase awareness and demand.


And CBD is not marketed as just for humans. At Sprocket and Stone in Hyde Park, owner Sophie Phillips sells CBD pet treats that tout the ability to soothe seizures, arthritis or anxiety in dogs, cats and rabbits.

Phillips said her own pit bull mix called Sprocket gets scared by loud noises and begins shaking and panting even from a fly buzzing. She tried giving him Xanax, which didn't help, but found that a couple of treats kept him calm and happy.

On the other hand, Phillips said, the treats seemed to rile up her other dog, Stone, and make him hungry for squirrel, so the treats aren't for every dog.

Will legalization come next?

Spurred by the growing demand for hemp, Illinois lawmakers are considering legalizing its production.

This spring, the state Senate unanimously approved a proposal to allow the cultivation of hemp, defined as a cannabis plant having less than 0.3 percent THC. The lead sponsor, State Sen. Toi Hutchinson, a Democrat from Olympia Fields, said that advocates are negotiating with medical marijuana growers about potentially adding their involvement.

Hutchinson sees the issue as primarily economic. While some law enforcement officials have expressed concern about marijuana plants being hidden in hemp fields, Hutchinson notes that hemp grows more than 10 feet high, while marijuana plants are typically short and busy, and anyone growing both would jeopardize their legal crop.

"There's no reason Illinois shouldn't be participating in this market," she said.


But marijuana legalization opponents are generally opposed to hemp as well. Kevin Sabet, a former White House drug policy adviser turned president of Smart Approaches to Marijuana, which opposes marijuana legalization, believes any medicinal use of hemp should go through the FDA review process.

He said he understands that parents are desperate to use CBD oil for children with conditions such as epilepsy, and that is why his group supported a measure to allow faster drug trials of CBD oil.

He called hemp a minor concern compared to marijuana, but he opposes state programs to legalize it, as proposed in Illinois, if it is just a "stalking horse" for marijuana.

Similarly, Carla Lowe, founder of Citizens Against Legalizing Marijuana in Sacramento, Calif., considers hemp a sort of wolf in sheep's clothing.

"It's just a market promotion, like medical marijuana, to legitimize marijuana," she said.

rmccoppin@chicagotribune.com

Twitter @RobertMcCoppin


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