On October 20, 2020, the public comment period for the recent Interim Final Rule titled “Implementation of the Agriculture Improvement Act of 2018” and promulgated by the Drug Enforcement Administration (DEA) will close.
Despite the fact that the DEA’s role is to enforce existing law – not to make new
Continue Reading DEA’s Interim Final Rule Affecting Hemp and THCWhile individuals and businesses throughout the country are clamoring to secure their piece of disaster relief funds, marijuana businesses find themselves excluded from federal aid opportunities. However, state and local governments are stepping up to fill in the gaps and help companies stay afloat during the coronavirus pandemic.
2019, as predicted, was the “Year of CBD.”
Fueled by the passage of the 2018 Farm Bill, CBD and other hemp-derived products, as well as ancillary businesses, exploded into the marketplace. However, as reputable companies began marketing and selling to consumers all over the country, less savory participants also entered
Continue Reading Slew of Lawsuits Highlight CBD Labeling and Advertising RisksEarlier this month (August 2019), the Washington State Department of Agriculture (WSDA) released a statement regarding the use of CBD as a food ingredient, which some reported as an act by the state to suddenly “ban all CBD-infused food and drinks.” However, the WSDA has never permitted the addition
Continue Reading Did Washington State Just Ban CBD from All Food and Drink Products?The rules regarding mailing CBD and hemp-based products have changed. In June 2019, the United States Postal Service (USPS) released new mailing standards for “products derived from cannabis and industrial hemp” in light of Congressional and Departmental clarification that interstate commerce of hemp is expressly permitted. The USPS apparently intended
Continue Reading Mailing CBD and Hemp-Based Products Just Got EasierThe United States Department of Agriculture (USDA) released a document titled “Executive Summary of New Hemp Authorities” on May 28, 2019, which, among other things, affirms our analysis that states (and tribes) cannot block the transportation or shipment of hemp throughout the U.S. — directly contradicting not only
Continue Reading Legal Interstate Transportation of Hemp is Federally AffirmedPrior to the enactment of the 2018 Farm Bill, there was intense conflict and confusion regarding whether or not transporting hemp and CBD across state lines was permitted under state or federal law. However, following the passage of the 2018 Farm Bill and the recent decision handed down by a
Continue Reading Transporting Hemp and CBD in Early 2019On April 1, 2019, the U.S. Food and Drug Administration (FDA) issued yet another “statement” regarding its ever-evolving position with respect to CBD, again offering little to no information, and providing generally no predictability, to business working with – or considering working with – CBD. Many CBD business
Continue Reading FDA’s Early Statements on CBD Regulation, ExplainedI. The Transportation of Hemp in 2019
The transportation of hemp, including interstate transportation of hemp, was previously a highly volatile area of law. Today, however, the transportation of hemp is expressly Congressionally authorized throughout and across the borders of all 50 states under Section 10114 of the 2018 Farm
Continue Reading Transporting Hemp Under the 2018 Farm BillThe 2018 Farm Bill was signed into law just before the turn of the new year, causing a great stir in the cannabis community. While the 2018 Farm Bill does not affect Federal laws with respect to marijuana, its passage is monumental for the hemp industry: For the first time
Continue Reading One Nation, Under Hemp: The 2018 Farm Bill