Utah Cannabis: State of the State

As I wrote in a prior blog post, Utah’s cannabis market has special characteristics that you are unlikely to find in other states. This is due in large part to Utah’s hardworking, predominantly conservative, and compassionate culture. Marry those qualities together and the parameters and developments of the Utah medical cannabis and hemp marketplaces make…

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Is CBN Legal? What is CBN?

This is the second of a two-part installment on trending cannabinoids. For the previous post on cannabigerol (CBG), go here. This post concerns CBN (cannabinol). Like CBD and THC, CBN is among the 100+ molecules in the cannabis plant. CBN comes from oxidation and decomposition of THC, meaning that when THC is heated and exposed…

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Should Your Labels Include the Term “CBD”?

A year ago, we discussed a shift in nomenclature for hemp-derived cannabidiol (“Hemp-CBD”) products. Many CBD companies have swapped the word “CBD” for the terms “hemp extract” and “full spectrum hemp” in hope of mitigating the risk of FDA and local enforcement actions. As we previously explained, the main impetus behind this movement seems to…

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Hemp-CBD Across State Lines: New Hampshire

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 CBG legal? What is CBG?

Looking back, 2019 was the year of cannabidiol (CBD) in the cannabis industry. CBD continued to make its way into countless consumer products, from sodas to sports bras. The CBD craze was a long time coming: we began covering that cannabinoid back in 2015, when industry began promoting CBD products in earnest and the FDA…

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Top 4 Predictions for Hemp and Hemp CBD in 2020

2019 was, to put it lightly, an intense year for the hemp and hemp-derived cannabidiol (“Hemp CBD”) industries in the United States. We saw the implementation of the 2018 Farm Bill,  strongly worded statements by the Food and Drug Administration (“FDA”) that Hemp CBD was unlawful in many products followed (amazingly) by almost zero enforcement,…

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Hemp-CBD Across State Lines: Nevada

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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Don’t Believe Most of What You Read About CBD Laws Online

When it comes to hemp-derived CBD (“Hemp CBD”), the best advice we can give is not to trust most of what’s out there on the Internet. No, I am not talking about the claims of medical benefits for Hemp CBD (which could be the subject of its own entire post), but rather about whether or…

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Oregon Hemp Litigation: New Cases Demonstrate the Continued Importance of Due Diligence

Although I am a litigator who loves to be in court, I often counsel clients on how to avoid litigation – even though it may mean less work for me in the future!  Front and center in these discussions are: 1) the importance of due diligence prior to entering a new business relationship and 2)…

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Banking Woes and Wins for Hemp-CBD

Our firm represents a number of financial institutions and even a federal agency on banking state-legal cannabis. We have practiced in the space ever since the 2014 FinCEN guidelines were issued and it’s been slow going for the most part. The number one question we have received lately is: “do you know a bank or credit union…

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