The legal cannabis industry is still taking shape and evolving. In many ways, the industry is figuring itself out as it goes. And that leaves the door open for people to enter the space and do all sorts of creative or unexpected things. One of the most recent examples... Read more
Hemp or Pot Farm? Police and Thieves Can’t Always Tell
Farmers in New York have taken drastic measures to protect their crops from trespassers and authorities who think they’re targeting marijuana. SALEM, N.Y. — She planted her spring crops at the family farm, following the same steps as her ancestors did as they farmed the land for seven generations.... Read more
Your Hemp Webinar Questions Answered (Part 1)

Last month, Nathalie Bougenies and I put on a webinar on the US Department of Agriculture’s (“USDA”) new interim hemp rules. We got some great questions from our viewers but were unable to answer all of them in real-time. In this two-part series, Nathalie and I will respond to a number of those questions. This…

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Hemp Industry Is Cleared to Do Business With Banks
United States regulators say hemp businesses should not be treated with any more suspicion than other bank customers. The number of banks in the United States willing to lend to hemp producers can be counted on one hand. That is about to change. Federal and state bank regulators announced... Read more
Federal Agencies Provide New Guidance for Hemp Banking

The tides have been rapidly changing for hemp companies to gain access to banking, which has not traditionally been available to hemp companies due to the fact that hemp was (sort of) federally illegal until about a year ago. As we previously explained: Commercial marijuana activity remains a federal crime,  and the Bank Secrecy Act…

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Hemp and CBD: Submit Your Comments on USDA Interim Hemp Rules By December 30

The hemp industry is up in arms over the USDA’s interim rules establishing a domestic hemp program.  As of this writing you can find some 900 comments published on regulations.gov. The din of complaints about the deleterious effect of several rules caused Senator Chuck Shumer to send a letter on December 3 to U.S. Agriculture…

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Webinar: NCIA’s Official Response To USDA’s Hemp Rules
Join us on Tuesday, December 10 at 1:00 PM MT to learn more about NCIA’s official response to the USDA’s hemp rules. On October 31, 2019, the USDA released its Final Interim Rule governing the domestic production of hemp within the United States. The USDA is currently accepting public... Read more
Hemp-CBD Across State Lines: Mississippi

The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (“CSA”) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (“USDA”) regulatory authority over hemp…

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Is Hemp CBD Really Unlawful in California?

Dozens of times per month, I am asked by clients and potential clients whether hemp-derived cannabidiol (“Hemp CBD”) products are legal in California. With almost any other product, I can give an easy “yes” or “no” answer. But with Hemp CBD, my answer usually takes five to ten minutes to explain and ultimately ends with…

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The FDA Issues Hemp-CBD Warning Letters and a Consumer Update

The Food and Drug Administration (“FDA”) had a busy Monday this week. On November 25, the agency issued warning letters to 15 businesses selling hemp-derived CBD (“Hemp-CBD”) products as unapproved drugs. The FDA also released updated consumer guidance on Hemp-CBD. Warning Letters The recent batch of warning letters appear to turn on the marketing of Hemp-CBD…

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