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Column: A California crackdown on 'diet weed' could devastate patients who rely on CBD

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Column: A California crackdown on 'diet weed' could devastate patients who rely on CBD

You may have heard the extraordinary story of Charlotte Figi, the little Colorado girl who was dying from unrelenting, violent seizures until her parents decided to try cannabidiol, or CBD, a non-psychoactive ingredient of cannabis and hemp that helped other ailing children.

CBD, it turned out, did for Charlotte what all the pharmaceuticals in the world could not: It saved her life.

For nine years, until she died at 13 in 2020, Charlotte was virtually seizure-free. Her story was chronicled by CNN’s Sanjay Gupta, who said Charlotte’s experience had completely changed his view of cannabis and its medical potential.

Gupta’s 2013 special on the subject, “Weed,” gave much-needed hope to Beth Sahyoun, a Reseda nursery school teacher whose son Armand, then 20, had suffered relentless seizures for six years.

“I was totally reluctant,” Sahyoun told me. “I am not familiar with cannabis. We had been part of the medical establishment, and this felt very, very uncomfortable, but when you are desperate, you go into uncharted territory. You have to.”

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She soon found Dr. Bonni Goldstein, a Los Angeles pediatrician and leading cannabis doctor who has helped Armand use CBD to stay nearly seizure-free for nine years.

I met Goldstein years ago while writing about Proposition 64, the 2016 ballot measure that legalized recreational marijuana in California. She reached out to me recently, distressed that the California Legislature appears to be on the verge of making it impossible for her patients to obtain the CBD products they need to lead normal lives.

The legislation at issue, Assembly Bill 2223, is a well-intentioned attempt to close a loophole in the state’s cannabis laws that has allowed unregulated, intoxicating, hemp-derived products to flood the market. It has already passed the Assembly with bipartisan support and is now before the Senate.

The federal government legalized commercial production of hemp, a form of cannabis typically cultivated for non-intoxicating uses, in 2018. Under federal law, hemp can contain no more than 0.3% tetrahydrocannabinol, the psychoactive ingredient of marijuana known as THC, by weight. If that percentage is exceeded, the plant is considered cannabis, which, unlike hemp, is highly regulated, tested and taxed and can be legally sold only by dispensaries.

Here’s the loophole: A synthetic form of THC can be extracted from hemp-derived CBD. That substance, called delta-8 THC, is psychoactive. Because it is said to pack a softer punch than the THC in cannabis, delta-8 products are often called “weed lite” or “diet weed.” And because hemp is not regulated the way cannabis is, delta-8 products can be purchased by anyone online or in gas stations and convenience stores. A distressing number of teenagers report having used the product, which hasn’t undergone any systematic evaluation of its safety.

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“During the conversion of CBD,” Goldstein said, “you get unintended byproducts. When you buy an unregulated, untested delta product, you are taking your health into your own hands.”

Dr. Bonni Goldstein, a pioneer in the use of CBD for pediatric patients, at Hesse Community Park in Los Angeles last week.

(Zoe Cranfill / Los Angeles Times)

Legal cannabis dispensaries, whose owners have jumped through almost unthinkable bureaucratic and financial hoops, are understandably unhappy about a product that seems to both undercut their business and endanger the public.

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Assembly Majority Leader Cecilia Aguiar-Curry, a Yolo County Democrat, is the author of AB 2223, which would outlaw these “weed lite” products. The bill would ban any hemp products that contain more than 1 milligram of THC per container.

“The bottom line,” Aguiar-Curry said in a statement, “is that if it gets you high, it should not be sold outside a dispensary.”

In a statement emailed to me Friday morning, she added, “We are trying to strike the delicate balance between helping kids with health needs and keeping illegal drugs from being accessible to other kids.” Her bill, she said, “makes sure that CBD can be sold in the state as long as it has a non-intoxicating, trace amount of THC. Products containing higher levels of THC would be available in dispensaries, where they can’t fall into the hands of youth.”

The problem is that Goldstein’s patients would run afoul of the legislation. They are typically treated with a CBD-to-THC ratio of about 20 to 1 or more, but they take enough to exceed the proposed THC limit.

“If my patient takes 20 milligrams of CBD, they get 1 milligram of THC as well,” she said. “But if they are getting 200 milligrams of CBD, this same ratio then delivers 10 milligrams of THC. If they are taking 1,200 milligrams of CBD, they are getting 60 milligrams of THC. There is no intoxication because we first start with a low dose and titrate up, which minimizes any impairing effect. Second, the much higher amount of CBD dampens down the THC effects since CBD antagonizes the effects of THC.”

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Armand Sahyoun, 29, is on a 25-to-1 formulation; he takes 1,600 milligrams of CBD per day, with 64 milligrams of THC.

“There is no impairment because it took months to work up to this dose,” Goldstein said. “He functions beautifully.”

In dispensaries, she added, “you are lucky if you can find a bottle that contains more than 600 milligrams of CBD. Meaning a child using these high doses would go through an $80 bottle per day.” Beth Sahyoun told me her son’s medicine costs $900 a month.

Paige Figi, Charlotte’s mother, founded the nonprofit Coalition for Access Now, which educates the public and lawmakers about the health benefits of CBD.

“We are collateral damage of these hastily written state bills that are trying to fix the delta-8 problem,” Figi told me. “Forty-five million Americans take a daily dose of CBD for their health — first responders, grandparents, kids with epilepsy, veterans, people with pain. These people are happily using this product.”

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If there is no accommodation for families like the Sahyouns, the state Senate shouldn’t pass AB 2223. And if it does pass both houses in its current form, Gov. Gavin Newsom should not sign it.

“You have your child who is sick as a dog, you have no hope, you find CBD hemp, non-impairing, non-intoxicating,” Goldstein said. “Your child is thriving, and now the government says you can’t have it anymore? It’s almost too cruel and too stupid to comprehend.”

A sliver of hope emerged at the end of last week: After trying in vain to reach Aguiar-Curry for some time, Goldstein finally heard from her office. The physician expects to meet with the legislator to discuss her concerns this week.

@robinkabcarian

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Graham’s death ignites GOP scramble for Senate seat as Trump hints he already has a favorite

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Graham’s death ignites GOP scramble for Senate seat as Trump hints he already has a favorite

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Sen. Lindsey Graham’s, R-S.C., sudden death from an undisclosed illness has triggered a two-pronged approach to replace him, and President Donald Trump will likely be a focal point in the process.

Graham’s passing overnight comes at a time when Republicans in the upper chamber need every vote they can get. The Senate GOP now holds a 52-seat majority, and with the timetable for Sen. Mitch McConnell’s, R-Ky., absence still unclear, that majority is now effectively 51 votes.

That will up the pressure, and drama, to find a replacement for the longtime South Carolina lawmaker.

LINDSEY GRAHAM, SOUTH CAROLINA SENATOR WHO ROSE FROM SMALL-TOWN ROOTS TO GOP POWER BROKER, DIES AT 71

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Sen. Lindsey Graham speaks with reporters aboard Air Force One with President Donald Trump and Secretary of Commerce Howard Lutnick on the way back to Washington, D.C., on Jan. 4, 2026. (Jim Watson/AFP via Getty Images)

Trump, during an appearance on NBC’s “Meet the Press” on Sunday, said, “I have somebody that I think would be great.”

“But I don’t want to say it now because it’s just, it’s too soon with Lindsey,” Trump said. “I don’t wanna even talk about anybody, but I do have somebody that I think is really good.”

It’s a process guided by the Constitution and state law. The first step will require South Carolina Gov. Henry McMaster, a Republican, to appoint a replacement for Graham on a temporary basis.

McMaster, a close ally of Trump, can appoint a temporary replacement as soon as he wants. That pick will serve until the next special or general election.

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Fox News Digital did not immediately hear back from McMaster’s office on when he would make the announcement, or who he was considering for the seat.

Graham was already in-cycle running for a fifth term in the upper chamber, and he easily cruised to a primary victory early last month. That means that whoever McMaster taps would serve until the end of the year to finish off the remainder of Graham’s fourth term.

The second prong is finding his long-term successor.

The candidate filing period for that special election to win the GOP nomination opens July 21. The election is slated for Aug. 11, according to South Carolina law.

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That race could see several familiar faces in South Carolina GOP politics jumping in, including McMaster himself, who is termed out as governor.

TRUMP’S ENDORSEMENT POWER FACES ANOTHER GOP TEST IN SOUTH CAROLINA AFTER ALAN WILSON ADVANCES

Rep. Nancy Mace, R-S.C., departs the U.S. Capitol after a series of House votes on funding for Homeland Security and a War Powers resolution on Iran on March 5, 2026, in Washington, D.C. (Andrew Harnik/Getty Images)

Trump heaped praise on McMaster, noting that he endorsed his first bid for the White House in 2016.

“Henry’s been a great governor, you know now he’s termed out, but he’s going to do the right thing,” Trump said. “I think Henry will be fantastic.”

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There are six members of South Carolina’s GOP congressional delegation who could toss their hats into the mix. Rep. Nancy Mace, R-S.C., who recently lost a bid for the GOP gubernatorial nomination, is eyeing jumping into the special election.

A person familiar with Mace’s plans told Fox News Digital, “Congresswoman Mace is considering a bid to run.”

Then there’s Rep. Joe Wilson, R-S.C., the longest-serving Republican member of the Palmetto State’s delegation. He quickly snuffed speculation about whether he’d leap into the fray.

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“I was grateful to speak with President Trump today reminiscing about our mutual friend, Senator Lindsey Graham,” Wilson said on X. “I assured him my goal is to remain in the House to keep his two-vote majority for the American people!!!”

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Then there’s the remaining four: South Carolina Republican Reps. Ralph Norman, who also lost out on scoring the GOP nomination for governor, Russell Fry, William Timmons and Sheri Biggs, none of whom, so far, have signaled that they would jump into the battle for Graham’s seat.

Meanwhile, South Carolina Lt. Gov. Pamela Evette could also be in the mix.

A source familiar told Fox News Digital that Evette is receiving “tons of encouragement from all across the state and from around the country” to serve as the temporary caretaker for Graham’s seat.

The source said that Evette is also being encouraged to run to seek a full six-year term in the Senate.

Evette, a top South Carolina ally of Trump’s and McMaster’s, was endorsed by both as she finished first in South Carolina’s Republican gubernatorial primary in this year’s race to succeed McMaster. 

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But after Trump also endorsed her  GOP rival in the runoff, State Attorney General Alan Wilson, she was trounced by Wilson a few weeks ago in the runoff election

Fox News Digital did not immediately receive responses to requests for comment from possible contenders in the House. 

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On birthright citizenship, the Supreme Court ‘originalists’ split on history and Trump

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On birthright citizenship, the Supreme Court ‘originalists’ split on history and Trump

The Supreme Court’s conservative justices say they decide cases based on the words and original history of the Constitution — and not on their personal or political views.

Following the lead set by the late Justice Antonin Scalia, they say they see history and “originalism” as a guiding principle to prevent judges from changing the Constitution to adjust to new and changing times.

This text-and-history approach is said to contrast with an evolving or “living Constitution” favored by progressives and liberal activists.

But this year saw a flip of sorts on birthright citizenship.

The foremost conservatives agreed with President Trump that the surge of illegal immigration called for reconsidering the promise of citizenship at birth set out in the 14th Amendment of 1868.

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“The number of illegal immigrants in this country exploded” in recent years, Justice Samuel A. Alito Jr. wrote in dissent. The rule of citizenship at birth provides “a powerful incentive to enter or remain in this country illegally,” he added.

“The Constitution is an enduring document,” wrote Justice Brett M. Kavanaugh, but its rules and meaning must adjust to “modern situations that were unknown or unanticipated by the Constitution’s Framers.”

In a concurring opinion, he said that “significant illegal immigration into the United States is a new circumstance that was largely unknown as of 1868.”

There were no federal immigration laws in the mid-19th century, but it was an era when a surge of Irish immigrants had settled on the East Coast and large numbers of Chinese immigrants came to California.

Under the law, their children were deemed to be citizens at birth.

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Among the conservative originalists, only Justice Amy Coney Barrett signed the majority opinion that was written by Chief Justice John G. Roberts Jr. and joined by the three liberals.

The opening words of the 14th Amendment of 1868 say: “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States.”

In 1898, the Supreme Court upheld the rule of citizenship at birth in the case of Wong Kim Ark, who was born in San Francisco to Chinese parents.

In an executive order, Trump proposed to end birthright citizenship for the newborns whose parents were in the country illegally or temporarily.

Writing for the court, the chief justice said the words of the 14th Amendment were clear and were clearly understood at the time. He dismissed the “dramatically revisionist view” that has been cited recently.

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Kavanaugh voted with the majority to block Trump’s order from taking effect. He did so because Congress had adopted birthright citizenship in a 1952 law.

“Consistent with the 14th Amendment, Congress could … enact new legislation establishing exceptions to birthright citizenship,” he wrote.

Justices Clarence Thomas and Alito wrote long dissents arguing that the framers of the 14th Amendment did not or would not have favored birthright citizenship.

They pointed to recent scholarship by law professors that raised questions about the accepted understanding of the 14th Amendment and the citizenship rule.

Thomas said citizenship of the child should turn on whether the parents were “domiciled” in this country. Black people who were enslaved were undoubtedly domiciled here, but the same is not true of temporary visitors.

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Justice Neil M. Gorsuch agreed in part with Thomas and questioned whether the newborns of temporary visitors should be deemed as citizens at birth.

Many court commentators were surprised by the close 5-4 divide on the constitutional issue.

“Given how clear the language was, I expected it to be 7 to 2,” said Melissa Murray, a New York University law professor. “I really gasped when I saw it was 5-4. This is not settled. We’re not done with this debate.”

Sarah Isgur, a podcaster and SCOTUSblog analyst, said that “originalism is getting more and more muddled. Either the history matters or it doesn’t.”

However, she agreed with Kavanaugh’s approach of leaving it to Congress to reconsider the issue.

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Not all originalists are conservative.

Yale Law Professor Akhil Amar, a constitutional historian, argued that the history of birthright citizenship is clear and not subject to revisionist thinking. He said the Reconstruction Congress adopted this principle of citizenship at birth and stated their intent in clear words in the 14th Amendment.

“When a baby is born on American soil and an American flag flies above, that baby is a birthright citizen, as the Reconstruction Republicans across the land understood,” he wrote in February. This rule “has virtually nothing to do with the baby’s parents.”

Last week, he was mostly cheered by the court’s ruling.

“It’s a triumph, but it should have been 9-0,” Amar said on a review of the court term sponsored by SCOTUSblog. “Shame on the dissenters. They didn’t even the address the statute” and its wording.

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But the majority led by Roberts “clearly affirmed the plain meaning of the constitutional text and its history. And that’s a win,” he said.

History has a recurring role at the Supreme Court.

Isgur noted the court will hear arguments in the fall on whether the 2nd Amendment of 1791 gives gun owners a right to have “assault weapons” like AR-15 rifles.

She said the court will decide then between history and changed circumstances.

At issue is whether these modern rapid-fire rifles fit within the history of the gun rights protected by the 2nd Amendment or instead represent a new and dangerous threat to public safety that was unknown in 1791.

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Scalia’s opinion upholding gun rights in 2008 is often cited as a model of originalism, but it too emerged from a court divided 5-4.

The 2nd Amendment says, “A well-regulated Militia, being necessary to the security of a free state, the right of the people to keep and bears Arms, shall not be infringed.”

For decades, the Supreme Court had all but ignored the 2nd Amendment, viewing it as a somewhat outdated provision involving militias, akin to the 3rd Amendment. It forbids having soldiers “quartered in any house … in time of peace.”

Four liberal dissenters in 2008 said the court should stand by that understanding of history.

Justice John Paul Stevens said the 2nd Amendment was added to the Constitution to protect state militias from federal interference. Moreover, the reference to “bear arms” suggests it was about militias, he said.

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But Scalia’s opinion stands as the landmark precedent, and he said the dissenters had the history all wrong.

The right to have guns for self-defense arose in England and came to the American colonies. “By the time of the founding, the right to have arms had become fundamental for English subjects,” he wrote.

The 2nd Amendment did not establish a new right, he said. Rather, it “codified a pre-existing right [of] having and using arms for self-preservation and [defense],” he wrote.

“There seems to us no doubt, on the basis of both text and history,” Scalia wrote, “that the 2nd Amendment conferred an individual right to keep and bear arms.”

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Sen. Lindsey Graham dead at 71 after ‘brief and sudden’ illness, office says

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Sen. Lindsey Graham dead at 71 after ‘brief and sudden’ illness, office says

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Sen. Lindsey Graham, R-S.C., died Saturday evening following a “brief and sudden” illness, according to a statement from his office.

“On the evening of Saturday, July 11, U.S. Senator Lindsey Graham passed away from a brief and sudden illness,” his office said.

“Senator Graham’s family appreciates prayers at this time and asks for privacy during this incredibly difficult period,” it continued.

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Sen. Lindsey Graham, R-S.C., speaks with reporters about aid to Ukraine, on Capitol Hill, Wednesday, March 10, 2022, in Washington. (AP Photo/Alex Brandon)

This is a breaking story; check back for updates.

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