Did the 2018 Farm Bill Open the Door to Importing Hemp?

We get a ton of questions about whether it’s legal to import hemp into the U.S. It’s a complicated question without a clear answer. We do know that the Drug Enforcement Administration has confirmed that the importation of cannabis plant material that falls outside of the Controlled Substance Act’s definition of “marihuana” (e.g., the mature…

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FDA Issues Warning Letters to CBD Manufacturers Making “Over-The-Line” Health Claims

Last week, the departing Food and Drug Administration (“FDA”) Commissioner, Scott Gottlieb, released a statement in which he announced that the agency, in collaboration with the Federal Trade Commission (“FTC”), had issued warning letters to three CBD manufacturers: Advanced Spine and Pain LLC (d/b/a Relievus), Nutra Pure LLC and PotNetwork Holdings Inc.. The letters were sent “in response to…

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Topical CBD: The FDA Stance on Hemp Derived CBD In Cosmetics

In the last few weeks, two major drugstores publicly announced that they will start carrying products containing hemp-derived cannabidiol (“Hemp-CBD”). Both CVS and Walgreens announced that CBD topicals would be available in their stores, in a select number of states. Notably, both drug store chains limited products to non-ingestible topicals. Dr. Scott Gottleib, the outgoing head…

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Oregon Hemp: Another Round of ODA Rules

Hemp production is incredibly hot right now in Oregon. Since 2015 the number of licensed hemp growers has climbed from 13 to 584 (with much of that in the past two years) and hemp acreage has rapidly expanded to 11,000 acres. In 2019, we expect to see this dramatic escalation continue for several reasons, including: 1) recent…

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Selling Hemp Products to Europe? Welcome to the GDPR Nightmare.

Ever since the passage of the 2018 Farm Bill, our hemp lawyers have been getting a barrage of questions about the lawful status of hemp and hemp-derived cannabidiol (“Hemp CBD”) in the United States. The hemp laws appear to be changing in favor of a pro-hemp marketplace, but at a much slower pace than the…

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Senators Wyden and McConnell Press for Hemp Industry Banking Services

Shortly after the 2018 Farm Bill passed, legalizing industrial hemp, we predicted that banking services for hemp businesses would be slow going. That has proven to be the case. For this reason, a bipartisan pair of U.S. Senators, Sen. Ron Wyden (D-OR) and Senate Majority Leader Mitch McConnell (R-KY), sent individualized letters to four federal…

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FDA Enforcement Priorities for CBD Products: We Can Roll With That

Last week, we explored whether the addition of hemp-derived cannabidiol (CBD) to food and beverages is actually unlawful, notwithstanding FDA policy. In that article we explained that we hadn’t seen much in the way of FDA enforcement, and that we “believe that FDA will likely continue to act where people make health claims that violate the…

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BREAKING NEWS: FDA Issues More Guidance on CBD Products

On April 2, 2019, the federal Food & Drug Administration (“FDA”) Commissioner Scott Gottlieb issued a press release on hemp and hemp-derived cannabidiol (“Hemp CBD”). This is Gottlieb’s first major official press release since the now infamous December 20, 2018 press release which came just hours after the 2018 Farm Bill passed. In that December 20 press…

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Confusion, enthusiasm combine at Hemp Investor Forum
Uncertainties surrounding regulations – both at the state and federal levels – and a lack of recent historic data in the United States are factors that could discourage investors in the American hemp industry, attendees at a Denver forum heard last week. However, savvy investors can still find opportunities... Read more
Hemp Is Next: Colorado Wants More Than Marijuana Prominence
Already known as one of the country’s marijuana capitals, Denver is a heavyweight in the hemp industry, too, and that status is on full display at the NoCo Hemp Expo this weekend. After five years in Loveland, the NoCo Hemp Expo moved to Denver in 2019. The Crowne Plaza DIA‘s parking lot... Read more
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