News & Analysis as of

Regulatory Oversight Cannabis Products Hemp

Troutman Pepper Locke

Texas Senate Bill 3: A Sweeping Ban on Intoxicating Hemp-Derived Products — Implications for the Industry

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On May 27, the Texas Legislature sent Senate Bill 3 (SB3) to Gov. Greg Abbott for signature, marking a potentially seismic shift in the legal landscape for hemp-derived cannabinoid products in the state. If signed into law –...more

Bradley Arant Boult Cummings LLP

God Only Knows: California Moves to Ban Hemp Products

As expected by many, Gov. Gavin Newsom’s administration proposed a permanent ban on many of the hemp products available in the state, as reported in SFGate (emphasis added): The California Department of Public Health...more

Foley Hoag LLP - Cannabis and the Law

Regulatory Roundup – Latest Updates in Regulation of Consumable Hemp Products

The past several weeks (May 11-27, 2025) saw a surge of activity targeting intoxicating consumable hemp products, as states move to enact new regulations. These are the latest developments in the field of consumable hemp...more

Foley Hoag LLP - Cannabis and the Law

Aloha to Increased Hemp Product Oversight? Hawaii Bill Would Require Registration of all Hemp Product Distributors and Retailers...

Given that Hawaii is often considered synonymous with “hang loose” counterculture, perhaps it is unsuprising that the state’s consumable hemp product market has crested in recent years as legislators continue to balk at...more

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

Frantz Ward LLP

Proposed Senate Bill 86 Seeks to Regulate Hemp Beverages and Intoxicating Hemp Products Differently

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Ohio lawmakers are moving to tighten hemp regulations following Governor Mike DeWine’s call to “regulate intoxicating hemp” and close legal gaps that may allow the marketing and sale of hemp products to minors. Senators Shane...more

Husch Blackwell LLP

THC Beverage Makers and Distributors: Top 5 Concerns for 2025

Husch Blackwell LLP on

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

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

Federal District Court Grants Partial Victory to Hemp Operators Challenging the NJHAA

In a decision that reads as one of the strongest endorsements of state-based intoxicating hemp regulatory controls in recent memory, the U.S. District Court for the District of New Jersey (“Court”) recently upheld, in part,...more

Troutman Pepper Locke

Happy Hour at 4:20? Lessons from Minnesota’s Booming Hemp-Derived THC Beverage Market

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When Minnesota legislators passed House File 4065 in 2022 — legalizing the sale of certain hemp-derived THC edibles and beverages — few could have predicted that a multimillion-dollar THC-infused beverage market would result....more

Bradley Arant Boult Cummings LLP

FDA Chief Says CBD Is Not NBD, Urges Congressional Action

Supporters of hemp-derived cannabidiol (CBD) who hoped the Food and Drug Administration would adopt a more progressive view of CBD were disappointed when FDA Chief Robert Califf recently testified that FDA does not consider...more

Mandelbaum Barrett PC

New York's Hemp Industry Faces Legal Battle Over Regulatory Restrictions

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“It’d be like, if one day, the government determined that any hard liquor that’s 40 proof or greater would cause harm” to certain groups, rendering it illegal in stores, homes, and warehouses.” The hemp industry in New York...more

International Cannabis Bar Association...

[Webinar] Is the Grass Really Greener? Law & Policy Primer for Cannabis Operators Considering Hemp - January 17th, 9:00 am - 10:30...

The 2018 Farm Bill de-scheduled hemp and many cannabis operators and investors fatigued by over-regulation are exploring hemp as an alternative market for intoxicating products. But an unregulated interstate market may be...more

Troutman Pepper Locke

Maryland Cannot Require Hemp Producers to Obtain State Cannabis License, for Now

Troutman Pepper Locke on

On October 12, hemp producers and retailers notched an early win in litigation challenging the legality of Maryland’s cannabis licensing program as it applies to hemp. By way of background, the Maryland General Assembly...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

Clark Hill PLC

Cannabis and the Environment: Seven Significant Side-Effects

Clark Hill PLC on

Cannabis cultivation and processing are rapidly-growing industries, as hemp and both recreational and medical marijuana products are being legalized across the country. With this rapid growth and legalization, however, comes...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

Foley Hoag LLP - Cannabis and the Law

New York Bans Delta-8/Revises Hemp Regulations

New York, which only recently passed an ambitious adult-use cannabis bill, has also positioned itself as a leader in the field of hemp cannabinoid products, and just today, May 19, 2021, updated its regulations and standards...more

Bass, Berry & Sims PLC

FDA Increases Scrutiny of CBD Companies for Marketing and Labeling Practices

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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

The Rodman Law Group, LLC

New York Unveils Regulations for CBD Products

In late October, the New York State Department of Health (“DOH”) announced the release of the state’s long-awaited cannabidiol (“CBD”) guidelines. Reversing the state’s ban from last year on the sale of hemp-derived...more

Foley Hoag LLP - Cannabis and the Law

What Does the New Jersey Cannabis Ballot Question Actually Mean – and What are the Next Steps?

Cannabis is on the ballot in New Jersey for the November 3, 2020 election (the “Referendum”), but what does that actually mean? Assuming it passes, does that mean I can grow at home? Open my own shop? Sell at my leisure? This...more

Seyfarth Shaw LLP

The Week in Weed: September 2020 #4

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana....more

Bradley Arant Boult Cummings LLP

Ten Legal Considerations When Starting a Hemp Business

So, you want to start a hemp company. You have your big idea and a business plan ready. At some point, though, you begin to wonder whether you should be thinking about any legal issues as you get your company off the...more

Hogan Lovells

Council for Responsible Nutrition Submits Citizen Petition Requesting FDA Rulemaking to Allow CBD and other Hemp-Derived...

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The Council for Responsible Nutrition (CRN) submitted a citizen petition to the Food and Drug Administration (FDA) requesting that FDA: FDA exercise its statutory authority to establish a regulation under which...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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