Is Tribal Cannabis on a Comeback Tour?
Medical MarijuanaRecreational MarijuanaUncategorized January 29, 2020
For people in the know, the cannabis industry is an unpredictable roller coaster for a number of reasons having to do with federal illegality, evolving state regulations, and market volatility. One faction of the industry that many thought would immediately take off is cannabis being grown and sold in Indian Country by Native American Tribes….
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Hemp CBD: Will Federal Courts Wait to Decide CBD Cases Until the FDA Issues Regulations?
FloridaUncategorized January 28, 2020
Not long ago Hemp Industry Daily reported on a decision by U.S. District Judge Ursula Ungaro in the Southern District of Florida in which the Court stayed a putative class action lawsuit against a seller of CBD products until the FDA completes rulemaking regarding the marketing, including labelling, of hemp-derived ingestible products. The case is…
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Hemp CBD Across State Lines: New York
Uncategorized January 27, 2020
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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Hemp CBD Across State Lines: New Mexico
Uncategorized January 19, 2020
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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Will the FDA Soon Treat Hemp CBD as a Dietary Supplement?
Uncategorized January 18, 2020
The Food and Drug Administration (FDA) may soon change its tune on hemp-derived CBD (Hemp CBD) thanks to a bill recently filed by chairman of the House Agriculture Committee, Rep. Collin Peterson (D-MN) and cosponsored by Reps. Thomas Massie (R-KY), James Comer (R-KY) and Chellie Pingree (D-ME). HR 5587 is an Act “To amend the…
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Selling Hemp and CBD Online? Read this First!
Uncategorized January 17, 2020
We recently received a request from a client to advise them on Shopify’s guidance on selling CBD products on its platform. Specifically, the first paragraph of the guidance states that “[y]ou should consult with an attorney to determine how and where you’re able to sell your product.” And that’s exactly what the client did –…
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The Future of Hemp is Genetics
Uncategorized January 14, 2020
Hemp was legalized federally just over a year ago. During the run-up, legislators from Mitch McConnell to Ron Wyden said things like “[b]y removing hemp from the federal list of controlled substances, farmers can explore the bright future of this versatile crop, found in everything from a coffee mug to your car dashboard.” One planting…
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On January 2, the Food and Drug Administration (“FDA”) issued non-binding guidance (“Guidance”) in which the agency explains how it intends to prioritize enforcement actions to tackle the growing increase in youth use of electronic nicotine delivery systems (“ENDS”)–more commonly and broadly referred to as “e-cigarettes”–as well as to address vaping-associated lung injuries. According to a…
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Hemp CBD Across State Lines: New Jersey
Uncategorized January 12, 2020
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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The Hemp Standard is 0.3% THC. That Should Be Changed.
Recreational MarijuanaUncategorized January 11, 2020
We are heading into the first decade of scaled commercial hemp production in the United States since the 1920s. As a law firm that has been helping cannabis businesses succeed since 2010, we couldn’t be more excited. And for good reason: the recreational market is expanding. Hemp is legal. CBD and other cannabinoids are fast becoming…
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