News & Analysis as of

Food and Drug Administration (FDA) Hemp Cannabis-Related Businesses (CRBs)

Vicente LLP

Texas Cannabis Legalization: What the SB 3 Veto Means for Hemp Businesses - UPDATED

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What is Texas Senate Bill 3? As it stands, current Texas law permits hemp-derived products with less than 0.3% THC content, which are widely available at more than 8,000 locations throughout the state. In comparison to a...more

Husch Blackwell LLP

THC Beverage Makers and Distributors: Top 5 Concerns for 2025

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In the past couple of weeks, I have been contacted by a few major news outlets about the legality of “THC beverages“. While it sounds like you can only find these products in a state-licensed cannabis dispensary, reporters...more

Benesch

Cannabis Industry Quarterly Update: Q3-Q4 2024

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Historic DEA marijuana rescheduling hearing opens, paused until mid-January - Historic hearings to reconsider marijuana's federal status will start mid-January, as announced by U.S. DEA Judge John Mulrooney II. The focus...more

Bradley Arant Boult Cummings LLP

Senate Proposal Would Closely Regulate, Not Ban Most Hemp Products

During this time of great tension and competition between the marijuana and hemp industries, it is refreshing to see efforts at compromise. The initial draft of the Cannabinoid Safety and Regulation Act, proposed last week by...more

Perkins Coie

Cannabis Legal Report - August 2023

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Congressional Activity—New Hearing and Bipartisan Bill on Hemp - On July 20, the Hemp Access and Consumer Safety Act was reintroduced in Congress with bipartisan support from co-sponsors Sen. Ron Wyden, D-Ore., Sen. Rand...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

Eversheds Sutherland (US) LLP

FDA says “no” to CBD: Now what?

The FDA’s recent decision not to regulate CBD like a food or dietary supplement leaves a multi-billion-dollar industry in a lurch. What’s next, and what should companies do now?...more

Perkins Coie

Will The New Year Finally Bring FDA Guidance on CBD?

Perkins Coie on

As 2022 drew to a close, the Wall Street Journal reported that the FDA is finally considering releasing potential guidance regarding cannabidiol (“CBD”) in the coming year. While the exact timeline and scope of the FDA’s...more

Bradley Arant Boult Cummings LLP

Warning Sign? A New Round of FDA Warning Letters Over CBD Consumer Confusion May Signal a Shift in Government Enforcement

FDA warning letters are nothing new in the cannabis industry. In fact, we here at Budding Trends have covered this topic a number of times (here, here, and here). Not resigned to playing the hits, however, the FDA issued a...more

Bradley Arant Boult Cummings LLP

COVID and CBD Prove to be a Powder Keg for Federal Regulators

Cannabis operators (from marijuana to hemp-derived products such as CBD) often get the sense they are one of the central targets of the federal government’s reach. But they are not in the same league lately as the COVID-19...more

Royer Cooper Cohen Braunfeld LLC

The Tip of the Spear Piercing the Regulated Cannabis Industry: How Intoxicating Hemp Cannabinoids and the Illicit Market Pose...

Consumer demand and public support for cannabis legalization has led to sweeping reform across the Country. Unfortunately, this appetite combined with a lack of access to regulated marijuana has perpetuated both a robust and...more

Bradley Arant Boult Cummings LLP

The Delta-8 Debacle: Looking at Texas’s (Temporarily) Failed Attempt to Make Delta-8 Products Illegal

Texas’s cannabis industry can breathe a momentary sigh of relief. Delta-8 THC, the increasingly popular hemp-derived cannabinoid that produces effects similar to Delta-9 THC, has been removed from Texas’s list of Schedule I...more

Goodwin

California Finally Breaks From FDA On CBD: Governor Newsom Signs AB-45

Goodwin on

On October 6, 2021, California Governor Gavin Newsom signed AB-45, creating an explicit framework for the manufacture and sale of hemp-derivative products in the state of California. While hemp was legalized at the federal...more

Womble Bond Dickinson

Six Things You Need to Know About CBD and Other Hemp-containing Pet Products

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The trend toward state-level legalization of cannabis has led to a surge in cannabis-derived products and a continually evolving market with many types of cannabis products for people as well as their pets. Analysts predict...more

Vicente LLP

Cannabis Administration And Opportunity Act: What The Proposed Federal Cannabis Laws Would Mean For Hemp

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On July 14, 2021, Senators Chuck Schumer (D-NY), Ron Wyden (D-OR), and Cory Booker (D-NJ) released the discussion draft of historic federal cannabis legalization legislation, the Cannabis Administration and Opportunity Act...more

Bodman

The ABCs of CBD and Hemp: A Primer

Bodman on

Hemp and marijuana both come from the cannabis sativa plant but as a result of the Agriculture Improvement Act of 2018 (the “2018 Farm Bill”), cannabis sativa with a THC content of less than 0.3% was removed from the federal...more

Vicente LLP

Massachusetts Cannabis Retailers Can Now Sell Hemp Products: What Retailers Need To Know

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The Massachusetts Cannabis Control Commission recently voted to issue Guidance for the Retail Sale of Hemp to clarify requirements and restrictions on the retail sale of certain types of hemp products by licensed adult-use...more

Partridge Snow & Hahn LLP

Delta-8 THC Is Popular. But Is It Legal?

In the past few months, sales of Delta-8 tetrahydrocannabinol, also known as “Delta-8 THC” or “weed light,” have grown tremendously. So, it’s popular. But is it legal? At the federal level, the answer is hazy. And in Rhode...more

Bass, Berry & Sims PLC

FDA Increases Scrutiny of CBD Companies for Marketing and Labeling Practices

Bass, Berry & Sims PLC on

As the market for hemp-based products booms, many investors are grappling with (and consumers unaware of) the grey area within which hemp products­­ are being commercialized across the country. Increasing demand for...more

Bradley Arant Boult Cummings LLP

10 Legal Considerations When Starting A Hemp Business In Tennessee

Tennessee’s hemp industry is growing fast, and you want in on the action. You have your big idea and a business plan ready. But at some point, you begin to wonder whether you should be thinking about any legal issues as you...more

Epstein Becker & Green

Holding Pattern: Cannabis Industry Waits for FDA Regulatory Rulemaking - Diagnosing Health Care Podcast

This Diagnosing Health Care episode dives into the status of the Food and Drug Administration’s (“FDA’s”) plan for regulating cannabis and cannabis-derived products and what actions the agency has taken recently to make...more

Rivkin Radler LLP

Cannabis Investors and Producers Face Need for Due Diligence

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The cannabis industry is growing in leaps and bounds, but entrepreneurs interested in developing cannabis companies – as well as business people interested in investing in them – must make certain that they know what they are...more

Rivkin Radler LLP

Cannabis Investments and Exit Strategies: A Case Study

Rivkin Radler LLP on

It is relatively easy for investors to make investments in cannabis companies. Given the risks, however, they would be well-advised to have an exit plan in the event their investment does not live up to their expectations....more

The Rodman Law Group, LLC

FDA Delivers Latest CBD Study to Congress

On July 8, 2020, the U.S. Food and Drug Administration (“FDA”) delivered the results of its most comprehensive sampling study on the current cannabidiol (“CBD”) marketplace to the U.S. House Committee on Appropriations and...more

Seyfarth Shaw LLP

Some Things Never Change: COVID-19’s Impact on CBD (or Lack Thereof)

Seyfarth Shaw LLP on

Hemp production, unlike much of the farming industry, has not declined due to COVID-19.  Meanwhile, certain CBD companies have wasted no time in making unsubstantiated claims related to COVID-19.  In turn, FDA and FTC...more

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