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...
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...
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...
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...
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...
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 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...
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 only...
I. Background Recently, we reported on the current state of hemp and CBD laws in the United States following the Ninth Circuit’s April 2018 decision in HIA v. DEA (Case No. 17-70162), the proposed Hemp Farming Act of 2018 (S. 2667), and reading through to...