News & Analysis as of

Interstate Commerce Controlled Substances Act Farm Bill

Fox Rothschild LLP

Court Upholds CSA, but Cannabis Businesses Still Have Deduction Options

Fox Rothschild LLP on

A recent 1st U.S. Circuit Court of Appeals ruling upheld a lower court decision that the Controlled Substances Act (CSA) does not violate federal law. The decision stems from Canna Provisions’ lawsuit against the government...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

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

Neal, Gerber & Eisenberg LLP

TTAB Decision Prevents Trademark Registration of CBD Dietary Supplements

Despite the 2018 Farm Bill’s relaxation of hemp regulation, and the fact that many states that have decriminalized or legalized cannabis and its derivatives, applicants still may face an uphill battle in obtaining federal...more

Ballard Spahr LLP

Banking Regulators Ease SAR Reporting Requirements Applied to Hemp-Related Businesses

Ballard Spahr LLP on

On December 3, 2019, four federal agencies – the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation (“FDIC”), the Financial Crimes Enforcement Network (“FinCEN”), and the Office of the...more

Lowndes

Long-Awaited Guidance for Banking Hemp Clients Released

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Since the effective date of the 2018 Farm Bill, banking and the inability to acquire financing have been major impediments for the hemp industry. While demand for hemp continues to grow, banking regulations have still been...more

Foley & Lardner LLP

INSIGHT: New USDA Hemp Rule May Propel Production Around the Country

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The USDA’s interim final rule on hemp provides needed clarity and certainty around its legal production. At the same time, producers must ensure they are not running afoul of state or tribal requirements. Foley & Lardner LLP...more

WilmerHale

USDA Releases Interim Hemp Regulations

WilmerHale on

On October 31, 2019, the US Department of Agriculture (USDA) released its long-awaited regulations governing hemp. Those regulations provide critical guidance to the hemp industry following the Agriculture Improvement Act of...more

Bradley Arant Boult Cummings LLP

USDA Issues Long-Awaited Interim Hemp Rule to Implement Farm Bill - Cannabis Industry News Alert

After 10 months of anticipation from the American hemp industry, on October 31, the United States Department of Agriculture (USDA) published its interim final rule (Rule) establishing the regulatory framework for hemp...more

Carlton Fields

You Can Transport Hemp Across State Lines, But State Governments May Object

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The federal government will not stop you from transporting hemp around the country. Unlike marijuana, which has high THC concentration, hemp has only 0.3 percent of the delta-9 THC concentration on a dry-weight basis. The...more

Ward and Smith, P.A.

Where There’s Smoke, There’s Fire: The Raging Legislative Battle Over Smokable Hemp

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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

Foster Garvey PC

Understanding the Patchwork of Regulatory Schemes of the Sale and Use of Hemp-Derived Products

Foster Garvey PC on

On December 20, 2018, President Trump signed into law the Agricultural Improvement Act of 2018 (the “2018 Farm Bill”) to replace the expiring 2014 Farm Bill. The 2018 Bill, which passed with strong support in both the House...more

Farella Braun + Martel LLP

CBD in Foods and Beverages? Not Quite Yet

The 2018 Farm Bill may have laid the groundwork for getting CBD products on the shelves. On Oct. 27, 2018, the New York Times ran an article with the headline Why is CBD Everywhere?, noting that products infused with...more

Stoel Rives LLP

‘Use Caution’ When Shipping Hemp Across State Lines

Stoel Rives LLP on

Despite the December passage of the 2018 Farm Bill, the legal status of hemp cultivation and transportation across the United States remains murky....more

Schwabe, Williamson & Wyatt PC

Hemp Growers Beware: 2018 Farm Bill Provides Long-Term Opportunities, but Short-Term Risk Remains

Oregon-Grown Hemp Seized in Idaho - On January 24, 2019, an Oregon grower, who had legally grown and produced hemp with a license under Oregon law, was shipping a load of product to a purchaser in Colorado for processing....more

Sheppard Mullin Richter & Hampton LLP

The Farm Bill’s Impact on Hemp and CBD – and How Some States are Reacting

While the legal landscape continues to evolve in the cannabis industry, making entry into the space a potentially risky proposition, the passage of the Agriculture Improvement Act of 2018 (the “Farm Bill”) can be a real game...more

Holland & Knight LLP

The Road Ahead for Cannabis-Derived Goods

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• By defining hemp broadly – to include seeds, derivatives, cannabinoids, extracts and other parts of the Cannabis sativa L. plant – and giving states the authority to establish and regulate their own industrial hemp...more

Perkins Coie

What Does the 2018 Farm Bill Mean for the Hemp and CBD Businesses?

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President Trump signed the Agriculture Improvement Act of 2018 (popularly known as the 2018 Farm Bill) into law on December 20, 2018. Among the 2018 Farm Bill’s broad-ranging provisions, it legalizes the cultivation and sale...more

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