Are CBD-Infused Alcohol Beverages Legal?
HempUncategorized February 26, 2019
The recent wave of crackdowns on cannabidiol (“CBD”)-infused alcohol beverages has further exacerbated public confusion regarding the legal status of the cannabis plant’s non-psychoactive compound. This post provides an overview of the regulatory framework of alcoholic beverages, including pre-manufactured industrial hemp-infused drinks and “homemade” alcoholic drinks infused with CBD oil or extracts. Pre-Manufactured Alcohol Beverages…
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Beyond the Crackdown: New York Classifies Hemp-CBD as a Dietary Supplement (Part Two)
HempNew YorkUncategorized February 14, 2019
This post is part two of two on how New York is regulating CBD. On Monday, I wrote about the New York City Department of Health’s (“DOH”) recent crackdown on Hemp-CBD in food and how it was consistent with the New York State Department of Agriculture’s (“Department”) FAQs on hemp-derived CBD (“Hemp CBD”). In summary,…
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Beyond the Crackdown: New York Classifies Hemp-CBD as a Dietary Supplement (Part One)
HempNew YorkUncategorized February 11, 2019
This post is part one of two on how the State of New York is regulating CBD. Last week, New York City’s Department of Health (“DOH”) quarantined a number of edible products that contained hemp-derived CBD (“Hemp-CBD”) and announced that Hemp-CBD would not be allowed in food products in the City. Eater first broke the…
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Cannabis and International Trade: Never the Twain Shall Meet?
Medical MarijuanaRecreational MarijuanaUncategorized February 4, 2019
Recently, we’ve been getting tons of questions from clients regarding the international import and export of cannabis around the globe. 2018 was a historic year for the cannabis industry not just in the United States, but also internationally. Canada legalized recreational marijuana for the entire country. Many countries (e.g., Thailand, New Zealand, Mexico, Lithuania, U.K.) took…
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Proposed California Legislation May Allow Hemp CBD in Foods
CaliforniaHempUncategorized January 28, 2019
On January 17, 2019, California Assembly Member Cecilia M. Aguiar-Curry kept her promise and introduced a piece of hemp legislation, AB 228. This bill is aimed at paving the way for adding industrial hemp derived cannabidiol (“Hemp CBD”) to foods, beverages, and cosmetics. The text of AB 228 is relatively short and would add the…
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ICYMI: The BCC Drops its Final Regulations
CaliforniaRecreational MarijuanaUncategorized January 25, 2019
On Wednesday, January 16, 2019, the California Bureau of Cannabis Control (“BCC”)—the agency that licenses distributors, retailers, testing labs, and event organizers—dropped its final regulations. Until then, BCC licensed commercial cannabis operators or applicants for BCC licenses had been in no man’s land, complying with emergency regulations while trying to divine what the final regulations…
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A Shift in Nomenclature for Hemp-CBD Products
HempUncategorized January 20, 2019
In a recent post regarding the labeling requirements surrounding dietary supplements containing industrial hemp-derived CBD (“Hemp-CBD”), we alluded to a recent movement in the industry to rename Hemp-CBD products “full spectrum hemp.” We now take a closer look at the reasons behind this shift in nomenclature. Part of the impetus behind this movement might be…
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On Wednesday, January 9, 2018, Representative Earl Blumenauer (D-Or) introduced the aptly designated H.R. 420, or the Regulate Marijuana like Alcohol Act. The bill is still so new that it’s not yet up on Congress’ site, but the apparent text for the bill can be found online. H.R. 420, if passed in its current form,…
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Oregon Cannabis: Are the Days of Administrative Settlement Over? Not Entirely.
OregonRecreational MarijuanaUncategorized January 18, 2019
I’ve been suspicious the last few months that the Oregon Liquor Control Commission (OLCC) is starting to set a zero tolerance policy for marijuana rule violations. Unfortunately, the extrinsic evidence seems to be proving my suspicions. As I’ve previously written, the OLCC settlement policies seemed to shift last September. In a first for the commission,…
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FDA Enforcement Against Hemp-CBD Products Has Begun
HempUncategorized January 15, 2019
On January 3rd, according to the owner of a smoke shop in Yuma, Arizona, officials from the Food and Drug Administration (FDA) seized a variety of CBD products from the store’s shelves. The officials took fewer than fifty items and told the owner to anticipate follow-up paperwork within seven to ten business days. According to…
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