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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Washington CBD Webinar June 19: Hemp-Derived CBD Locally and Nationwide

On June 19, 2019, at 1:30 PST, the Washington State Bar Association’s Cannabis Law Section will be presenting an online CLE on hemp. I’ll be joined by my esteemed colleagues to shed some light on hemp laws both nationally and here in the Evergreen State. You can register to join us here. We’ll cover a host…

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Notes on the First Public FDA Meeting on CBD

Last Friday, May 31, the Food and Drug Administration (“FDA”) held its first public meeting during which stakeholders shared their perspective on how to regulate cannabidiol (“CBD”)-infused products. The objective of the meeting was to gather scientific data and information about the safety, manufacturing, product quality, marketing, labeling and sale of these products. As we…

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TSA (Sort of) Allows (Some) Hemp-CBD Products on Flights

In the past few months, our team has been quoted in several magazines and online publications on the risks of traveling with CBD products. These media inquiries resulted from repeated arrests of travelers in possession of CBD oil at the Dallas/Fort Worth International Airport (“DFW”). At the time of these arrests, the Transportation Security Administration…

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USDA Says States Should Not Interfere With Hemp Transportation

On May 28th, 2018, the United States Department of Agriculture (“USDA”) issued a non-binding opinion letter regarding hemp production (“USDA Letter“). The USDA’s Office of General Counsel (a.k.a., the USDA’s lawyer) made four conclusions in the letter, which I’ll explore in this post. 1. As of the enactment of the 2018 Farm Bill on December…

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Oregon Hemp: The Permanent Rules Are Now In Effect

While Oregon legalized hemp production in 2015, the Beaver State has seen a huge influx of hemp grower and handler registrations since the enactment of the 2018 Farm Bill, which legalized hemp under federal law. To keep up with the growing interest in the crop and its derivatives, the Oregon Department of Agriculture (“ODA”) has…

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