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“Every month that passes without certified oral fluid testing is another month when federal workers with paruresis face anxiety, discrimination, and career barriers.” By Kastalia Medrano, Filter The Department of Transportation will require “directly observed” urine drug testing in federal workplace situations where saliva testing has been called for, but is not possible. The clarification to DOT drug and alcohol testing procedures is the latest development in the trucking industry’s years-long push for oral fluid testing as an alternative to urine testing. The new rule was published in the Federal Register on May 11, and will take effect June 10. Truck drivers, who are subject to an inordinate number of federal regulations, don’t choose their method of drug-testing—their DOT-regulated employers do. The campaign for implementation of oral fluid testing has been led by the American Trucking Association (ATA), which argues that it’s necessary to “keep impaired drivers off the road and uphold the trucking industry’s commitment to safety.” The Substance Abuse and Mental Health Services Administration (SAMHSA) approved lab-based oral fluid testing in 2019, and DOT finalized its own regulations authorizing employers to choose this as an alternative to urine testing in 2023. But actual implementation requires at least two laboratories that are Food and Drug Administration-approved to process the tests—one for the initial analysis and another to confirm the results. Currently there are zero. Oral fluid testing appeals to many employers for a few reasons, one being the efficacy in detecting recent drug use—within the past couple of hours—compared to urine drug testing. Though the trucking industry has become the public face of the campaign, the regulations also affect federal workers in the commercial aviation, rail, public transit and pipeline sectors. One of the primary concerns expressed by the trucking industry has been that urine drug screens are not witnessed, and therefore easier to circumvent oral fluid testing. Another concern revolves around paruresis, more commonly known as “shy bladder” syndrome—if a driver is unable to produce urine when required to, they’re held for a three-hour waiting period, which obviously impacts their arrival time at their destination. And if they still can’t produce urine during that period, it’s considered a refusal to take the test and they’re removed from their duties. To return, they must “pass” a urine test that is witnessed by a same-gender observer. The new DOT rule also updates its prevailing terminology by replacing the word “gender” with the word “sex” in accordance with President Donald Trump’s January 2025 executive order, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” “Every month that passes without certified oral fluid testing is another month when federal workers with paruresis face anxiety, discrimination, and career barriers,” Dr. Steven Soifer, co-founder of the International Paruresis Association, stated in March. “We’ve been working on this issue since our founding [30 years ago]. Our members ask the same question every day: When will the federal government complete the work it already approved?” In April, at the request of the ATA, six members of Congress wrote to Department of Health and Human Services Secretary Robert F. Kennedy Jr. citing FDA regulatory barriers as the reason no United States labs are certified to process oral fluid tests. They cited an analysis by Quest Diagnostics that showed “substituted” urine specimens increased 370 percent from 2022 to 2023. Quest has a proprietary lab-based oral fluid collection method, Quantisal™, and as such has been an avid supporter of the campaign. On May 1, the FDA published a notice of its intent to consider revising the requirements that pertain to toxicology testing. That same day SAMHSA published a list of currently certified labs, which presumably will be updated in the future but for the moment simply confirms that there aren’t any. However HHS ultimately handles oral fluid testing will set the stage for what happens with hair follicle testing. The department was directed to create guidelines for hair testing in 2015, but has not yet done so. This article was originally published by Filter, an online magazine covering drug use, drug policy and human rights through a harm reduction lens. Follow Filter on Bluesky, X or Facebook, and sign up for its newsletter. The post Federal Drug Testing Rule Will Require ‘Directly Observed’ Urine Collection From Truck Drivers appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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“I know these products are safe. I know they are tested, because if they weren’t, I wouldn’t carry them in my stores.” By Brianna Hill, Spotlight Delaware With just over a month left in Delaware’s legislative session, lawmakers are pushing competing legislation to regulate the hemp-derived THC products that have become widely available outside of the state’s licensed marijuana market. The intoxicating products, including gummies, vapes and infused beverages, are part of a fast-growing industry that smoke shop owners and licensed marijuana retailers want to be able to sell. Now, four bills before lawmakers offer different paths to regulate them. One would fold many intoxicating hemp products into the state’s regulated marijuana industry, meaning they could only be sold at licensed marijuana stores. Another would create a separate regulatory structure for hemp retailers. And a third would support the second bill by clarifying that certain THC products should not be treated as marijuana. The fourth would regulate THC-infused beverages through a framework that would allow them to be sold at liquor stores or recreational marijuana retailers. THC-infused products have become increasingly popular since the passage of the 2018 U.S. Farm Bill, which created a loophole allowing for the legal commercial and retail sale of hemp-derived substances. Hemp is a non-intoxicating cannabis plant that contains 0.3 percent or less THC by dry weight. But entrepreneurial hemp farmers have figured out a way to chemically convert the non-intoxicating compound cannabidiol (CBD) from hemp into intoxicating substances like delta-9 and delta-8 THC. It’s technically legal as long as the hemp at time of harvest stays below legal thresholds. Since then, hemp-derived THC products have become widely available at retailers, such as smoke shops, gas stations and bodegas, even as marijuana has been strictly regulated. Critics have called that the hemp loophole. Those hemp retailers say some of the newly proposed restrictions could push them out of business. But licensed marijuana operators and state regulators argue that those businesses are selling similar intoxicating products without the same rules for testing, labeling, taxation, age restrictions, and in-state cultivation. ‘It’s THC, it’s not hemp. It’s marijuana.’ In late April, Rep. Nnamdi Chukwuocha (D-Wilmington) introduced House Bill 395, which would move hemp products into Delaware’s licensed marijuana system. The bill would also expand the definition of THC to include other variations of the compound and set a stricter 0.4 milligram total THC limit for finished products. That threshold mirrors federal language Congress passed last fall to close the hemp loophole, though the federal changes are not set to take effect until November. Chukwuocha said his goal is to align Delaware with the federal standard while protecting consumers and limiting access to minors. “At its core, this bill is about public safety,” he said during a House Health & Human Development Committee meeting last week. To date, the Delaware Division of Tobacco and Alcohol Enforcement has sent 70 cease-and-desist letters to over 60 businesses selling THC products, according to DATE spokesman Lt. Michael Loiseau. The figure does not include letters that have been sent out by municipalities to different businesses. Under Chukwuocha’s bill, businesses outside Delaware’s marijuana industry could still sell non-intoxicating hemp products, such as CBD products, which are commonly marketed for relaxation, inflammation, and other wellness uses. But violations involving intoxicating products would generally be treated as a Class A misdemeanor and could rise to a Class G felony in certain cases, including if the business is near a school, daycare, or public park. Delaware Marijuana Commissioner Joshua Sanderlin spoke in support of the bill during a committee meeting last week, arguing that intoxicating hemp products should be regulated like marijuana because they come from the same plant and can have the same psychoactive effect. “It’s THC, it’s not hemp. It’s marijuana,” Sanderlin said. He also argued that unlicensed hemp retailers are undercutting Delaware’s regulated marijuana industry by selling intoxicating products without following the same rules. “What we’re trying to do in the state is stand up our legitimate program to ensure that these businesses who are investing time and money…are actually able to open,” Sanderlin said. Sanderlin said Delaware has issued 90 of the 125 marijuana licenses allowed under the state’s recreational rollout. He said he plans to reopen the licensing process once those existing licensees are established, but noted that many current hemp retailers would likely be out of compliance with marijuana industry rules because they sit too closely to schools and other hemp stores. Chukwuocha’s bill received pushback from some legislators during its committee hearing about its impacts on the small businesses that have already been operating as hemp retailers. Also during the meeting, marijuana retailers spoke in favor of the bill, while hemp retailers and smoke shop owners pushed back. “I know these products are safe. I know they are tested, because if they weren’t, I wouldn’t carry them in my stores,” said Joseph Daniels, owner of Hidden Stash, a smoke shop in Laurel. Lawmakers ultimately advanced it out of committee to the House floor. Competing bill creates path for hemp retailers Unlike Chukwuocha’s bill, a competing bill from Rep. Sean Lynn (D-Dover) and State Sen. Kyra Hoffner (D-Smyrna) would create a separate licensing system for hemp-derived THC products—excluding drinks. HB 401 would allow existing hemp retailers to apply for licenses through the Office of the Marijuana Commissioner. They would only be able to sell items that contained no more than 10 milligrams of THC to adults 21 years old and older. Gas stations, grocery stores and convenience stores would not be eligible for the licenses. In an interview with Spotlight Delaware, Lynn called hemp store owners “the pioneers for what became the marijuana market.” “So do we reward them for their advocacy and being kind of the first to explore this area by shutting down their businesses? I mean, it just doesn’t seem right,” he said. Lynn noted that his bill would also allow existing marijuana retailers to also sell hemp products, and asserted that there isn’t “necessarily an inherent competition there.” His measure would also require lab testing for potency and contaminants, warning labels and packaging rules meant to keep products from appealing to children. The bill would also add a 6 percent state excise tax on retail hemp sales—less than the 15 percent tax imposed on marijuana sales. During a House committee hearing Tuesday, lawmakers cited concerns about a provision in the bill that would restrict counties and municipalities from adopting strict rules about how far apart hemp stores could exist from each other. Some also noted that the measure would mean that the state would impose higher licensing costs and more onerous rules on retailers of marijuana than those selling hemp. Many marijuana business licensees voiced their opposition to Lynn’s bill during the meeting. They asserted that hemp retailers would face an easy, low-cost path to gaining a license, while they faced stricter zoning, security, testing, tracking, and sourcing rules. “The reward for breaking state law is a ‘sell anything you want’ license’,” said James Brobyn, director of Delaware Cannabis Industry Association and owner of Field Supply dispensary. State alcohol and tobacco regulators also opposed the bill, warning lawmakers that the bill does not clearly authorize the agency to inspect businesses, seize products, or enforce violations. They also said the bill focuses too narrowly on delta-9 THC, leaving loopholes for other intoxicating compounds that can be derived from hemp, such as delta-8 THC. Lynn’s bill ultimately did not collect enough signatures to pass through committee on Wednesday, according to the General Assembly’s website. But he said the bill is still collecting signatures. “My understanding is it’s getting out” of committee, Lynn said. Supporting Lynn’s bill is a separate piece of legislation sponsored by Sen. Hoffner, which would clarify when hemp-derived products should be treated as legal hemp rather than marijuana under Delaware law. The bill also sets standards for testing, and would prevent police from using the existence of hemp products as the sole basis for an arrest, search, seizure or criminal prosecution. To be considered, Hoffner’s bill would first be discussed by the Senate Executive Committee. It is not immediately clear when, or if, it will receive a hearing in the committee. Asked over text message about hemp legislation, Hoffner told Spotlight on Thursday that “new developments” came up the night before and that she had to speak with leadership to see what actions need to be taken. When pressed for details about the new developments, Hoffner said, it was “more about the person that was arrested in October.” It is not immediately clear who she was referencing, nor why it is relevant, as she did not respond to follow-up questions sent by text message. This story was first published by Spotlight Delaware. The post Delaware Lawmakers Juggle Competing Bills To Regulate Hemp THC Products appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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“We’re not saying Alabama’s not going to do this. We certainly are going to do this, but if you receive it without objection, it’s scheduled immediately.” By Anna Barrett, Alabama Reflector The governing body of the Alabama Department of Public Health (ADPH) Thursday voted to object to a federal rescheduling of marijuana after state health officials said they needed more time to determine how to implement it. Dr. Scott Harris, Alabama’s top health official, told members of the State Committee of Public Health that the state “fully intends” to implement the change. “We’re not saying Alabama’s not going to do this,” Harris told the committee. “We certainly are going to do this, but if you receive it without objection, it’s scheduled immediately. If you do nothing, it’s scheduled within 30 days. I’m going to ask you to take the third option, which is to object. Then we just have a little bit of time to figure this out with all of our other stakeholders.” The committee vote was unanimous. Brian Hale, ADPH’s chief legal officer, said during the meeting the objection would trigger a public comment period. That period would last 30 to 60 days. “The objection is simply to allow more time for input into the implications of this rescheduling,” Hale said. ‘There’ll be a public hearing scheduled, we’ll see comments that way, and then we’ll talk to other stakeholders, licensing boards and others that may be affected to see what their input may be.” In April, the U.S. Department of Justice (DOJ) moved marijuana from Schedule I—the Drug Enforcement Administration’s (DEA) list of drugs with the greatest potential for abuse and least legitimate use—to Schedule III, with drugs considered to have a moderate to low potential for physical and psychological dependence, according to DEA. The order followed an executive order signed by President Donald Trump in December instructing the DOJ to move towards rescheduling. Former President Joe Biden instructed the DOJ to reschedule the drug in 2024, but hearings on the move were canceled in early 2025. The federal order applies to state-licensed medical marijuana products in the states that allow medicinal use of the drug. The move means those businesses can deduct business expenses from their federal taxes and researchers have access to state-legal products. As a Schedule I drug, only cannabis grown in a federal facility could be studied, severely limiting the supply available to researchers. Alabama has a medical cannabis program passed by the Legislature in 2021. A Montgomery dispensary said last week that it expects to make medical marijuana available to patients soon. A message seeking comment from Vince Schilleci, the owner of the dispensary, was left Thursday afternoon. Harris said that rescheduling would not be in violation of state law, but after talking with the Alabama Medical Cannabis Commission (AMCC), he was unsure how the rescheduling would impact the program. “We have been working really hard to try to figure out what the implications of this are. There are a number of things that don’t exactly conflict with state law or other rules, but they require some thinking to figure out how to implement,” Harris said. Justin Aday, general counsel for the AMCC, said in a phone interview that the commission does not foresee any immediate impact of the federal rescheduling or the delay of rescheduling at the state level. “We certainly understand the committee and their desire to collect additional information about exactly what the implication is of the federal rescheduling and what the implication would be, depending on where medical cannabis is scheduled at the state level,” Aday said. “We will certainly participate in that process as needed, and provide whatever information we can.” This story was first published by Alabama Reflector. The post Alabama Officials Move To Delay Automatic Rescheduling Of Marijuana Under State Law Following Trump’s Federal Move appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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“For many retailers, intoxicating hemp beverages have become an important emerging product category that helps drive consumer traffic and offset declining sales in traditional alcohol products.” By Sophie Nieto-Muñoz, New Jersey Monitor A state Senate committee advanced legislation Thursday aimed at loosening restrictions on the sale of intoxicating hemp beverages, including by allowing liquor stores to sell wine bottle-sized containers of THC drinks, until new federal limits take effect in November. The measure, sponsored by Senate President Nick Scutari (D-Union), would allow those bottles to contain up to 200 milligrams of total THC, the chemical compound in marijuana and hemp that can make people feel high. That’s 40 times higher than current limits placed on THC drinks sold in cannabis dispensaries, one critic noted. “The provision that allows 200 milligrams of THC in a 750-milliliter bottle is irresponsible from a public health and youth access standpoint,” said Susanna Puntel of the American Trade Association for Cannabis and Hemp. She added, “It’s exponentially higher than any state allows. And it will actually reduce tax revenue.” THC limits on beverages sold in cannabis dispensaries are now 5 milligrams per container. The Legislature has repeatedly revisited New Jersey’s intoxicating hemp beverage rules, all through bills sponsored by Scutari. In January, then-Gov. Phil Murphy (D) signed a sweeping bill aimed at banning intoxicating hemp products in places like gas stations and bodegas over concerns that kids were buying them. That law also restricted hemp sales to licensed liquor stores and cannabis dispensaries while capping THC content at a maximum of 10 milligrams per container. The compliance deadline was set for April 13. In March, Gov. Mikie Sherrill (D) signed another bill pushing the compliance deadline to May 31, requiring resealable packaging for hemp beverages in containers exceeding 10 milligrams, and removing a requirement that stores must keep hemp-derived beverages in places only accessed by employees. States across the country have struggled to regulate the hemp market in light of federal laws that, in 2018, inadvertently legalized intoxicating hemp products like THCA and delta-8, and then, in 2025, closed that loophole by amending the definition of hemp to limit it to a total THC concentration of 0.3 percent. That definition goes into effect November 12. After that, New Jersey’s cannabis regulators will treat intoxicating hemp products similar to traditional marijuana products and restrict sales to licensed retailers. The latest bill proposes more changes, like a 10 percent margin of error in THC concentration that would allow big bottles to contain up to 220 milligrams. The bill would also allow certain bars to sell hemp beverages for off-premises consumption if they’re in their original containers. Supporters of the legislation argued that the new measure would give licensed liquor store retailers a workable path until the November deadline. Mahi Patel of the Garden State Liquor Retailers Association said hemp beverages have become an important revenue stream for small, family-owned stores struggling amid shifting alcohol consumption trends and high inflation. She said the legislation “strikes the appropriate balance between responsible regulation and operational flexibility for licensed retailers.” “For many retailers, intoxicating hemp beverages have become an important emerging product category that helps drive consumer traffic and offset declining sales in traditional alcohol products,” she said. But Andrew Caggiano, chief of police in Montville and the president of the New Jersey State Association of Chiefs of Police, called the bill “deeply flawed and operationally irresponsible.” He said New Jersey still lacks reliable roadside THC testing technology and drug recognition experts, and he’s worried that the high dosage level can lead to accidental overconsumption and more impaired driving. “We are urging you not to pass this bill,” Caggiano said. “Public safety should not be secondary to rapid commercialization.” Another section of the bill seeks to streamline licensing for medical cannabis dispensaries seeking to add adult-use retail licenses, potentially allowing them to begin those operations without additional municipal review. For years, business owners have lamented that the slow permitting processing, including permission from municipalities, has made it harder to open dispensaries. The bill passed Thursday 8-1, with Sen. Kristin Corrado (R-Passaic) voting no and Sen. Mike Testa (R-Cumberland) abstaining. The measure also advanced out of the Assembly this week by a 47-20 vote, with Republicans largely voting no. This story was first published by New Jersey Monitor. The post New Jersey Lawmakers Approve Bill To Allow Large-Size Hemp THC Drinks To Be Sold In Liquor Stores appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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