USDA Now Offers Plant Variety Protection for Seed-Propagated Hemp

On April 24, 2019, the United States Department of Agriculture (USDA) announced that the Plant Variety Protection Office (PVPO) would begin accepting applications of seed-propagated hemp for plant variety protection. In the United States, there are three different ways to go about protecting intellectual property associated with plant varieties: Plant Variety Protection – available for…

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Are CBD Topicals Allowed in California?

I’ve written quite a bit on the legality of hemp-derived cannabidiol (“Hemp CDB”) products in California over the past few months (see my posts on Hemp CBD in general and my specific posts about Hemp CBD in foods and hemp cultivation). One of the areas I haven’t explored in great detail is topical products, i.e.,…

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USDA Expressly Legalizes the Importation of Hemp Seed

Last Friday, the U.S. Department of Agriculture (“USDA”) released a statement, in which the agency clarified that the passage of the 2018 Farm Bill rendered the importation of hemp seeds legal. As we previously explained, the 2018 Farm Bill legalized hemp, hemp seeds, and other derivatives, by removing them from the Controlled Substance Act. Accordingly,…

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New marijuana bill passed by Gov. Kemp

Debates and waivers have forever been on and this is the time when a bill has finally been signed and would lead to the betterment of numerous families. Law which stated legal possession of Marijuana has been enforced with a new law where legally buying marijuana is permitted. The downfalls of the previous law forced […]

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Industrial Hemp and USDA Organic Certification

We’ve written previously about the inability of cannabis companies to receive United States Department of Agriculture (USDA) organic certification for their products (although there are alternative state-level and private certifications available to fill this gap), but what some of our clients are unaware of is that the USDA will provide organic certification for qualified industrial…

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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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