This week, the U.S. Food & Drug Administration (FDA) posted warning letters to five hemp companies for, in the words of the FDA, "illegally selling products containing cannabidiol (CBD)." The warning letters and additional...more
Ward and Smith's Hemp and Cannabis Law attorneys recently attended the fifth annual Industrial Hemp Summit. After another year of adjustments and uncertainty caused by COVID-19 and other global factors, it was refreshing to...more
Hemp product producers and sellers must consider a large number of legal and regulatory compliance risks each day.
Are their inputs and plant material coming from legally compliant sources? Are their products,...more
10/18/2021
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Controlled Substances Act ,
DEA ,
Farm Bill ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
FTC Act ,
Hemp ,
Hemp Cultivation ,
Interim Final Rules (IFR) ,
Regulatory Agenda
Products containing hemp-derived cannabidiol ("CBD") have become incredibly popular in the United States, with new product brands entering the market seemingly every day.
Consumer demand and public interest in those products...more
12/11/2019
/ Advertising ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Class Action ,
Enforcement Actions ,
FDA Warning Letters ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Claims ,
Hemp ,
Marijuana Related Businesses ,
Marketing ,
Popular
On November 25, 2019, the U.S. Food & Drug Administration ("FDA") published a press release, published a revised Consumer Update, and announced the issuance of new warning letters to 15 companies for illegally selling and...more
12/2/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Enforcement Actions ,
FDA Warning Letters ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Interstate Commerce ,
Marijuana ,
Marijuana Related Businesses ,
Marketing ,
Product Labels
Much of the regulatory "attention" regarding cannabidiol ("CBD") has been, understandably, focused on the U.S. Food and Drug Administration ("FDA").
Indeed, the FDA was the first federal regulatory agency to publicly...more
Hemp and its derivatives – including hemp-derived cannabidiol ("CBD") – were previously classified as Schedule I controlled substances under the Controlled Substances Act of 1972 ("CSA").
That changed in December 2018,...more
7/23/2019
/ Agribusiness ,
Agricultural Sector ,
Cannabidiol (CBD) oil ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Interstate Commerce ,
Law Enforcement ,
Marijuana ,
Marijuana Cultivation ,
Probable Cause ,
Regulatory Oversight ,
State and Local Government
The Transportation Security Administration (TSA) recently changed its policy on hemp-derived products.
Products and medications that contain lawfully produced hemp-derived cannabidiol (CBD) are now permitted on flights....more
6/7/2019
/ Agricultural Sector ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Interstate Commerce ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Public Comment ,
Public Hearing ,
Regulatory Oversight ,
USDA
The cannabidiol ("CBD") industry is exploding today.
Hemp and hemp-derived CBD were classified as Schedule I controlled substances under the Controlled Substances Act of 1972 ("CSA") until the passage of the Agriculture...more
5/14/2019
/ Alcohol Beverage Control ,
Beverage Manufacturers ,
Breweries ,
Cannabidiol (CBD) oil ,
COLA ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Enforcement Actions ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Hemp ,
Interstate Commerce ,
Marijuana ,
Marijuana-Infused Edibles ,
Schedule I Drugs ,
TTB ,
Wine & Alcohol
This week, we attended the Industrial Hemp Summit in Danville, VA.
The quality of the event, the information shared, and the people in attendance were incredible. Although the topics of discussion and educational materials...more
2/28/2019
/ Agricultural Sector ,
Cannabidiol (CBD) oil ,
Crop Insurance ,
Decriminalization of Marijuana ,
Farm Bill ,
Financial Services Industry ,
Food and Drug Administration (FDA) ,
Hemp ,
Marijuana ,
Marijuana Cultivation ,
Regulatory Oversight
The Agriculture Act of 2018 legalized hemp and hemp-derived cannabidiol, or "CBD," on the Federal level by removing both substances from the definition of "marijuana" under the Controlled Substances Act of 1972.
But, that...more
So you brew beer? Cool.
So you want to brew a beer with cannabidiol? Even cooler. Don’t know what cannabidiol is? That's ok. You probably know it as "CBD" – the highly popular cannabinoid that was recently legalized by...more
2/5/2019
/ Breweries ,
Cannabidiol (CBD) oil ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Safety ,
Hemp ,
Intellectual Property Protection ,
Marijuana-Infused Edibles ,
Nutrition Facts Labels ,
Regulatory Oversight ,
Trademarks ,
TTB ,
Wine & Alcohol
Hemp has wide commercial application and appeal with a viable market for nearly every part of the plant, from the seeds, to the roots, to the flower.
And with the passage of the Agriculture Improvement Act of 2018 (the...more
As we have written before, the legal world of cannabis-derived products is dynamic and uncertain.
The current uncertain environment was born in the wake of legalization for medical or recreational marijuana in a handful of...more