Mailing CBD and Hemp-Based Products Just Got Easier

The rules regarding mailing CBD and hemp-based products have changed. Last week, 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 to grant broader permissions with respect…

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

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 not only it’s own previous statements, but also those…

The FDA Statement on CBD, Explained

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, entrepreneurs, financiers, and ancillary business owners were left wondering:…

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…

Washington State Expands Access to CBD

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 to CBD from Non-Licensed Sources Last spring (2018), Washington…

The Interstate Transportation of Hemp Plants, Seeds, and CBD

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 in conflict, and are also rapidly evolving. Below, we…