Federal Agencies Provide New Guidance for Hemp Banking
HempUncategorized December 5, 2019
The tides have been rapidly changing for hemp companies to gain access to banking, which has not traditionally been available to hemp companies due to the fact that hemp was (sort of) federally illegal until about a year ago. As we previously explained: Commercial marijuana activity remains a federal crime, and the Bank Secrecy Act…
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Hemp and CBD: Submit Your Comments on USDA Interim Hemp Rules By December 30
HempUncategorized December 4, 2019
The hemp industry is up in arms over the USDA’s interim rules establishing a domestic hemp program. As of this writing you can find some 900 comments published on regulations.gov. The din of complaints about the deleterious effect of several rules caused Senator Chuck Shumer to send a letter on December 3 to U.S. Agriculture…
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Hemp-CBD Across State Lines: Mississippi
HempUncategorized December 1, 2019
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 Hemp CBD Really Unlawful in California?
CaliforniaHempUncategorized November 30, 2019
Dozens of times per month, I am asked by clients and potential clients whether hemp-derived cannabidiol (“Hemp CBD”) products are legal in California. With almost any other product, I can give an easy “yes” or “no” answer. But with Hemp CBD, my answer usually takes five to ten minutes to explain and ultimately ends with…
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The Food and Drug Administration (“FDA”) had a busy Monday this week. On November 25, the agency issued warning letters to 15 businesses selling hemp-derived CBD (“Hemp-CBD”) products as unapproved drugs. The FDA also released updated consumer guidance on Hemp-CBD. Warning Letters The recent batch of warning letters appear to turn on the marketing of Hemp-CBD…
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Washington’s Hemp Plan
HempUncategorized November 26, 2019
On November 20th, the Washington State Department of Agriculture (“WSDA”) released the hemp cultivation plan (the “Plan”) that it intends to submit to the US Department of Agriculture (“USDA”) along with a corresponding set of hemp regulations (“Hemp Rules”). This post will provide an overview of Washington’s hemp plan. Recordkeeping, Violations, and Inspections The Plan…
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Litigation Update: JustCBD Files Motion to Dismiss Class Action Lawsuit
HempUncategorized November 24, 2019
A couple of months ago I wrote a “Hemp/CBD litigation forecast.” (See here.) One topic of that post was the rise in class actions against Hemp-CBD companies and I noted the consumer class action complaint filed against JustCBD in the Southern District of Florida, Case No. 0:19-cv-62067-RS. The gravamen of the complaint is that JustCBD…
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Hemp-CBD Across State Lines: Minnesota
HempUncategorized November 24, 2019
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 Risks of Infusing Hemp-CBD Topical Products with Essential Oils and Menthol
HempUncategorized November 21, 2019
As we have previously discussed, the sale and marketing of hemp-infused cannabidiol (“Hemp-CBD”) cosmetics, such as salves, lotions and creams (collectively “Topicals”), present the lowest risk for businesses wishing to enter this booming industry. We have quite a few clients pursuing this path, from small-batch manufacturers to national retail outlets. Generally, a Topical may be…
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The New Rules of Hemp Video Available
HempUncategorized November 18, 2019
On November 13th, attorneys Nathalie Bougenies and Daniel Shortt hosted an interactive webinar to address the new interim hemp rules released by the USDA last month. If you’re a regular follower of our blog, or a member of the industry, you may have been aware that these new regulations will require action on state, tribal…
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