Hemp Stakeholders Share Their Thoughts with the USDA

Last week, the U.S. Department of Agriculture (“USDA”) held a public meeting during which hemp stakeholders shared their opinion on the promulgation of rules to regulate the crop. Pursuant to the 2018 Farm Bill, which legalized hemp by descheduling the crop under the Controlled Substance Act, the USDA is tasked with overseeing and regulating the…

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Are CBD-Infused Alcohol Beverages Legal?

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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Transporting Hemp Across State Lines is Still Risky

Back in September 2018, I wrote about how important it was for hemp businesses to carefully plan the routes they would use to ship hemp and hemp products, including hemp-derived CBD. This is because some states are hostile towards hemp and do not recognize a difference between hemp and marijuana. My article was written prior…

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State Crackdowns Against CBD Products Have Begun

Earlier this year, the Food and Drug Administration (“FDA”) began seizing various cannabidiol (“CBD”) products from store shelves. These enforcement actions reflected the implementation of the agency’s position that CBD, regardless of the source from which it is derived, cannot be lawfully sold for human consumption. A few states, including states that have adopted industrial…

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Ninth Circuit Agrees with Montana: Employees Can Be Fired for Off-Work Marijuana Use

Medical marijuana is legal in Montana. Unfortunately, that does not prevent local employers from terminating workers for legal, off-work use of marijuana in the state. In 2010, while already employed by Charter Communications, LLC, Lance Carlson was issued a medical marijuana card under Montana Medical Marijuana Act to treat chronic low back and stomach pain….

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BREAKING NEWS: Cannabis Wins Big at the Midterm Elections

Today was a stellar day for marijuana advocates around the country. Not only did a handful of states authorize legalization of medical and recreational marijuana at the polls, but the Democratic Party took control of the House of Representatives, and one very problematic Congressman, Pete Sessions, was sent packing down in Texas. Below is a…

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State Legal Cannabis in 2018: Status Report (Part II)
Last week, we discussed New Jersey, Oklahoma, Michigan, and Virginia’s recent legislative and/or referendum developments in ending marijuana prohibition. Today, we look at the three other states that will decide the fate of recreational and medical marijuana locally during the November election. North Dakota Last month, North Dakota’s recreational... Read more
State Legal Cannabis in 2018: Status Report
Great progress so far in 2018. The path to marijuana public reforms is inevitable. According to recent surveys, 64 percent of Americans favor the legalization of marijuana and roughly 90 percent support its legal use for medical purposes. This growing popularity of cannabis has been reflected in recent legislative... Read more
Transporting CBD: Plan Your Route Carefully
CBD transport routes can (and should) get weird. The legal status of cannabidiol (CBD) has long been complicated. The Agricultural Act of 2014 (2014 Farm Bill) allowed for the cultivation of “industrial hemp”, defined as the cannabis plant that contains less than .03% tetrahydrocannabinol (THC) on a dry weight... Read more
Arizona Court Prohibits Cannabis Extracts for Medical Use
Flower is fine right now; oil and hash, not so much. A recent Arizona court of appeals decision has sent the state’s medical marijuana market into a frenzied state. In 2010, Arizona enacted the Arizona Medical Marijuana Act (“AMMA”), which grants licensed dispensaries and registered qualified immunity from criminal prosecution... Read more
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