The Federal Legality of CBD Smokable Products

In the last few weeks, we have received a growing number of inquiries pertaining to the legality of smokable products infused with cannabidiol derived from industrial hemp (“CBD Smokables”), including vape pens and pre-rolled hemp flower joints. This post provides a brief overview of the current legal status of these products. As we have discussed…

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Hemp testing confusion snarls Farm Bill interstate commerce guarantee
Hemp growers and manufacturers see a big hole in a new federal promise guaranteeing interstate hemp commerce – product testing. The 2018 Farm Bill promised protection for hemp transportation but left states with no uniform way to test THC content. So, cannabis plants that may go on a truck as legal... Read more
USDA and FDA Shed Light on Hemp and CBD

On February 27, 2019 both the Food and Drug Administration (“FDA”) and the United States Department of Agriculture (“USDA”) provided new insights and guidance related to their proposed regulatory processes for hemp under the 2018 Farm Bill. I will summarize these agency statements below, and give some context for what hemp and CBD businesses can…

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Martha Stewart enters the CBD game, will advise Canopy on products
Celebrity lifestyle guru Martha Stewart has agreed to advise Canadian marijuana giant Canopy Growth on hemp-derived CBD products. Stewart said the first collaboration will offer products for pets. Financial terms of the business partnership were not disclosed. The companies did not say if the CBD pet products would be sold in... Read more
States get busy on hemp as USDA delays national hemp rules until 2020
Energized by the 2018 Farm Bill, which removed hemp from the Controlled Substances Act and places federal regulatory authority with the U.S. Department of Agriculture (USDA), states have been readying their hemp cultivation regulatory plans for approval. But those next steps were put on hold on this week when... Read more
FDA Commissioner gives fresh details on CBD review
In two separate meetings over the past two days, the U.S. Food and Drug Administration offered a glimpse of potential CBD regulations to come and promised an April hearing to start work. FDA Commissioner Dr. Scott Gottlieb told state agriculture regulators that products not approved by the FDA and marketed... Read more
Naturally Splendid Announces $3,500,000 Non-Brokered Private Placement Facility Upgrades Increases Capacity to Meet Demand
Ryan Allway February 27th, 2019 February 27, 2019 / TheNewswire / VANCOUVER, BRITISH COLUMBIA – NATURALLY SPLENDID ENTERPRISES LTD. (“Naturally Splendid” or “NSE” (TSX-V:NSP)(OTCQB:NSPDF)(FRANKFURT:50N) is pleased to announce the terms of a private placement for up to $3.5 million comprising of up to 25,000,000 units (each a “Unit”) at... Read more
North Dakota court says CBD status not a ‘matter of great public concern’
North Dakota’s highest court has decided not to rule on the legality of hemp-derived CBD, upholding a drug conviction for a vape-shop owner who sold CBD. The court said that the retailer, Falesteni A. Abu Hamda, should have made his CBD argument earlier instead of accepting the state’s case against... Read more
Are CBD-Infused Alcohol Beverages Legal?

The recent wave of crackdowns on cannabidiol (“CBD”)-infused alcohol beverages has further exacerbated public confusion regarding the legal status of the cannabis plant’s non-psychoactive compound. This post provides an overview of the regulatory framework of alcoholic beverages, including pre-manufactured industrial hemp-infused drinks and “homemade” alcoholic drinks infused with CBD oil or extracts. Pre-Manufactured Alcohol Beverages…

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Idaho State Police Are Not Required to Return Seized Hemp (Yet)

Earlier this week, I wrote about how hemp businesses should not yet rely on the 2018 Farm Bill to protect them from their products being seized. This is because although Section 10114 of the 2018 Farm Bill prohibits states from interfering with the interstate transport of hemp and hemp products, that protection is limited to…

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