Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Cultiva Law, PLLC or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

Legality of Interstate Transportation of Hemp Affirmed in USDA “Executive Summary”

By: Heidi Urness, Strategic Legal Counsel at Cultiva Law (@MaryJaneEsquire) The United States Department of Agriculture (“USDA”) released a document titled “Executive Summary of New Hemp Authorities” yesterday, May 28, 2019, which, among other things, affirmed our analysis that states (and tribes) cannot block the transportation or shipment of hemp throughout the US — directly contradicting…

Online Advertising and the Cannabis Industry

By: Fabiola Jimenez, Strategic Legal Counsel at Cultiva Law Advertising in the cannabis industry is inherently difficult. Traditional practices, such as newspaper ad placement, press releases, and radio/tv ads, not only fail to serve cannabis businesses, but also advertising and marketing activities, which now heavily (if not exclusively) rely on online platforms that are actually currently…

The FDA Statement on CBD, Explained

By: Heidi Urness, Strategic Legal Counsel at Cultiva Law (@MaryJaneEsquire) Yesterday, 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 owners,…

U.S. v. Hemp: Protecting the Transportation of Hemp Under the 2018 Farm Bill

By: Heidi Urness, Strategic Legal Counsel at Cultiva Law (@MaryJaneEsquire) I. 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…

Transporting Hemp in 2019

By: Heidi Urness, Strategic Legal Counsel at Cultiva Law (@MaryJaneEsquire) Prior 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…

One Nation, Under Hemp: The 2018 Farm Bill

By: Heidi Urness, Strategic Legal Counsel at Cultiva Law (@MaryJaneEsquire) The 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:…

Washington State Expands Access to CBD

By: Heidi Urness, Strategic Legal Counsel at Cultiva Law (@MaryJaneEsquire) Over the weekend, new Washington laws went into effect expanding state licensed marijuana producers’ and processors’ ability to source, utilize, and integrate CBD from a non-licensed source into a CBD product available for sale within the state’s recreational marijuana market. I.      Washington State Expands Access…

The Interstate Transportation of Hemp Plants, Seeds, and CBD

By: Heidi Urness, Strategic Legal Counsel at Cultiva Law (@MaryJaneEsquire) The hemp and hemp-derived CBD industries currently face enormous legal uncertainty. Many clients have questions with regard to the marketing, sale, and transportation of hemp across state lines. Unfortunately, the authorities that define the rights, responsibilities, and liabilities that apply to the hemp industry are currently…

Some CBD Products Rescheduled by DEA Under Controlled Substances Act

By: Sam Mendez and Heidi Urness, Strategic Legal Counsel at Cultiva Law The Drug Enforcement Administration (DEA) announced last Friday that certain Food and Drug Administration (FDA)-approved drugs that contain cannabidiol (CBD) are properly rescheduled as Schedule V drugs under the Controlled Substances Act (CSA). While this move is far from categorically rescheduling CBD – as…