News & Analysis as of

DEA Farm Bill

Vicente LLP

Frequently Asked Questions About Hemp Beverages: How Federal and State Laws Are Reshaping the THC Drink Market

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What Are Hemp-Derived Beverages? There is no universal definition, but generally, a hemp beverage is any drink, typically a seltzer, soda, or mocktail, containing hemp-derived cannabinoids or terpenes. Common cannabinoids...more

Bradley Arant Boult Cummings LLP

High Stakes and Political Blazes: Top 10 Cannabis Trends of 2024

2024 was a banner year for cannabis lawmakers and business operators. From Kamala Harris advocating for marijuana reforms to California’s clash of titans between hemp and marijuana markets, there was no shortage of drama in...more

Foley Hoag LLP - Cannabis and the Law

Senate Committee on Agriculture, Nutrition and Forestry Finally Releases Version of 5-year Farm Bill

The long-awaited Senate version of the Farm Bill was finally released earlier this week as the Senate Committee on Agriculture, Nutrition and Forestry and Committee Chair Senator Debbie Stabenow introduced the Rural...more

Bradley Arant Boult Cummings LLP

Federal Appeals Court Says Certain THC-O Products Are Legal Contrary to DEA Interpretation

The 1984 film The Terminator featured a deadly robot assassin who looked like a regular guy (if by “regular guy” you mean a young, jacked Arnold Schwarzenegger). The horror of it all was that the victims could not tell if the...more

Vicente LLP

DEA Conducts Joint Raid in Texas on Vape Shops Selling High-THC Products

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On August 27, 2024, nine vape shops operating in Allen, Texas were shut down after the Allen Police Department executed warrants in coordination with the Collin County Sheriff’s Office and the Federal Drug Enforcement...more

Goodell, DeVries, Leech & Dann, LLP

The 2018 Farm Bill’s Effect on State Cannabis Laws

Whether you practice full time as a cannabis attorney, dabble in cannabis law, or are simply interested in the evolving federal views and laws on marijuana, you may have caught wind that the federal Agriculture Improvement...more

Foley Hoag LLP - Cannabis and the Law

4th Circuit Challenges DEA’s Findings on the Legality of Certain Hemp Derived Cannabinoids

The United States Court of Appeals for the Fourth Circuit ruled that the Drug Enforcement Agency’s (“DEA”) classification of certain hemp-derived cannabinoids as unlawful was not entitled to deference, given that the language...more

Holland & Knight LLP

Congress Advances Cannabis and Hemp Proposals

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Recent congressional activity highlights the changing environment for cannabis regulation. Specifically, U.S. Congress is moving forward with legislation that will change the regulation of hemp-derived products. The industry...more

McGlinchey Stafford

DEA Proposes Rule to Reschedule Marijuana: Key Definitions

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On May 16, 2024, the Drug Enforcement Administration (DEA) released the proposed rule (Proposed Rule) to reschedule marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). The rule was published...more

Akin Gump Strauss Hauer & Feld LLP

High Stakes: HHS Shakes Things Up on Marijuana Scheduling and DEA Abides

On May 16th, the U.S. Drug Enforcement Administration (DEA) issued a Notice of Proposed Rulemaking (NPRM) to initiate the rescheduling of marijuana from a Schedule I to a Schedule III drug. The NPRM, which was published in...more

Mintz

Rescheduling Madness: Key Takeaways from the Proposed Rule to Reschedule Marijuana under the CSA

Mintz on

Moving marijuana under the Controlled Substances Act (“CSA”) from Schedule I to Schedule III will bring celebrated changes to the beleaguered state-sanctioned cannabis industries currently operating in 37 states, but will...more

McGlinchey Stafford

Hemp Industry 2024: State and Federal Changes

McGlinchey Stafford on

As an increasing number of states across the U.S. are becoming marijuana-friendly, many states are simultaneously attempting to enact more restrictive laws with respect to hemp-derived cannabinoids. Participants in the...more

McGlinchey Stafford

Is THCA Legal? The State Line is the Bottom Line

McGlinchey Stafford on

Tetrahydrocannabinolic acid (THCA) is one of the most misunderstood and controversial cannabinoids in the Cannabis sativa (cannabis) plant. While booming in popularity, THCA is also a high-risk cannabinoid from a legal...more

Bradley Arant Boult Cummings LLP

Editors’ Roundtable: Predictions About the Upcoming Farm Bill

Welcome to the latest installment of the Editors’ Roundtable, in which our editors – Whitt Steineker, Jay Wright, Hunter Robinson, and Slates Veazey – discuss cannabis issues in the news and take a stab at where the cannabis...more

Lippes Mathias LLP

FDA Regulation of CBD is TBD

Lippes Mathias LLP on

After rounding out 2022 with a series of warning letters to companies selling products containing cannabidiol (“CBD”) the U.S. Food and Drug Administration (“FDA”) began 2023 by issuing a press release announcing its...more

Bradley Arant Boult Cummings LLP

Real or Not Real? The Difference Between Legal Delta-8/Delta-10 THC and Illegal Delta-8/Delta-10 THCO

Last week, we wrote about the Drug Enforcement Administration’s (DEA) February 13, 2023 response letter stating that delta-8 THCO and delta-9 THCO – two forms of THC acetate ester (THCO) – are illegal controlled substances...more

Stark & Stark

The Cannabis Paradox: Clarifying the Confusing Legality of Delta-8, THC-O, THCV, and Synthetically Derived THC

Stark & Stark on

Both marijuana and hemp belong to the genus plant cannabis sativa and are slightly different “breeds” of the same “species.” While both marijuana and hemp plants contain more than 100 cannabinoids (distinct chemicals found in...more

Eversheds Sutherland (US) LLP

DEA confirms Delta-8 THCO & Delta-9 THCO are schedule I controlled substances but confusion remains

The US Drug Enforcement Agency (DEA) recently stated that delta-8 THC acetate ester (delta-8 THCO) and delta-9 acetate ester (delta-9 THCO) are not hemp, but Schedule I controlled substances under the Controlled Substances...more

Kaufman & Canoles

DEA Determines THC-O Illegal Under Federal Law

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The 2018 Farm Bill, officially known as the Agriculture Improvement Act of 2018, is a comprehensive piece of legislation that governs agricultural and food policy in the United States. One of the key provisions of the 2018...more

Latham & Watkins LLP

FDA Finalizes Quality Recommendations for Cannabis in Clinical Investigations

Latham & Watkins LLP on

FDA provides recommendations on sources of cannabis in clinical research, resources for information on quality, and control status considerations under the Controlled Substances Act. Key Points: ..The Food and Drug...more

Perkins Coie

FDA Releases Guidance on Clinical Research into Cannabis-Derived Drugs

Perkins Coie on

The U.S. Food and Drug Administration (FDA) recently released new guidance on sourcing and product quality to companies conducting clinical research related to the development of human drugs involving cannabis or...more

BakerHostetler

FDA Issues Guidance on Clinical Research with Cannabis

BakerHostetler on

On Jan. 23, the Food and Drug Administration (FDA) finalized industry guidance for clinical research using cannabis and cannabis-derived compounds, Cannabis and Cannabis-Derived Compounds: Quality Considerations for Clinical...more

Vicente LLP

Will the 2023 Farm Bill Address Hemp Industry Pain Points and Public Safety Concerns?

Vicente LLP on

The 2018 Farm Bill, which legalized the cultivation and possession of hemp at the federal level by removing it from the list of controlled substances, is set to expire in September 2023 (the Farm Bill expires and is updated...more

Bradley Arant Boult Cummings LLP

The Weeds Thicken: Making Sense of the Ninth Circuit’s Decision Finding Delta-8 Legal Under Federal Law

Delta-8-tetrahydrocannabinol (Δ8-THC) is legal under federal law. Or is it? It depends on who you ask. The Ninth Circuit has now weighed in on the issue, following the lead of several states, to conclude that Δ8-THC...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2022: Watching the Pot™

APA Challenges to DEA Cannabis Policy: "Hot" Hemp and Research-Grade Cannabis - The beginning of spring brought some interesting developments in administrative legal challenges to the U.S. Drug Enforcement Administration...more

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