The Empire State of Cannabis
Marijuana decriminalization is in, adult-use is out, a regulated hemp-derived CBD marketplace is in limbo, and NYC begins CBD-ban.  For New York’s cannabis industry, 2019 began with a bang and ended with a whimper. In January, Governor Cuomo announced that legalizing marijuana and creating a regulated adult-use marketplace was... Read more
Hemp-CBD Across State Lines: Arizona

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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Oregon Hemp-CBD Litigation: Another Tale on the Importance of Due Diligence Before Contracting

Most of the hemp litigation we’ve written about has concerned a hemp purchaser suing a hemp farmer. This week concerns a $2.5 million lawsuit recently filed in Oregon wherein a hemp farmer sued a CBD processor. The plaintiff, JNV Farms, alleges that in the fall of 2018 it entered into a manufacturing agreement with one…

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Hemp-CBD Across State Lines: Alaska

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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Oregon Hemp: ODA’s New “Total THC” Standard is a KEY Operations and Contract Issue

In the past few months, many of our Oregon hemp clients have asked us to clarify the testing requirements imposed by the Oregon Department of Agriculture (“ODA”). Unlike other jurisdictions that only test for tetrahydrocannabinol (“THC” or “delta-9 THC”) concentration, the ODA rules provide that any industrial hemp product sold to consumers must contain no…

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Hemp Contracts: What Business Can Learn from Oregon State’s New Research Facility

Last Thursday, Oregon State University (“OSU”) officials announced plans to launch the Global Hemp Innovation Center (“Hemp Center”). The Hemp Center will be based in OSU’s College of Agricultural Sciences and intends to serve “as a research hub connecting faculty and researchers engaged in plant research, food innovation, pharmacy, public health, public policy, business and…

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Congress Lays Out Expectations for FDA on Hemp-CBD in Budget Report

The House Appropriations Committee (the “Committee”) publishes reports to accompany annual spending bills. One such report, released on June 3, provided insight on hemp-derived CBD (“Hemp-CBD”). The Committee’s report on didn’t get much coverage in the media, outside of some ace reporting from the folks at Marijuana Moment. Despite that, it’s kind of a big…

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Hemp-CBD Laws: Alabama

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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Oregon Hemp Litigation: Bad Contract = Big Federal Court Claims

We frequently write on hemp litigation and the ways farmers and purchasers can mitigate the risks inherent in this new industry. Along with others, we have stressed the importance of strategic and careful thinking before entering into a hemp-related contract.  Our cannabis lawyers frequently write and speak on these and related topics. A couple of…

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Lawmakers in North Carolina are considering a bill that would allow farmers in the state to grow hemp. The measure, the North Carolina Farm Act of 2019 (Senate Bill 315), would classify hemp as a “viable agricultural commodity” and permit farmers to cultivate and sell the crop. Hemp agriculture... Read more
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