News & Analysis as of

Regulatory Oversight Farm Bill

Husch Blackwell LLP

Is Alcohol-Style Federal Regulation Coming for THC Beverages?

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Unless you’ve been living under a rock, you know that “THC beverages” derived from hemp have exploded across America (at least in states where they are allowed by law). Time and again, due to the legal ambiguities and...more

Vicente LLP

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

Vicente LLP on

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

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

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

Bradley Arant Boult Cummings LLP

Missouri Cannabis Regulators Show Me a Well-Considered Clarification of Earlier Rule Essentially Banning Hemp Products

I can only assume that being a cannabis regulator is a challenging and usually thankless job. The laws are relatively new and constantly evolving. Operators are always pushing the science faster than regulators can promulgate...more

Foley Hoag LLP - Cannabis and the Law

New Jersey Passes Law to Regulate/Restrict the Sale of Intoxicating Hemp Derived Products

The Governor of New Jersey signed into law Senate Bill No. 3235 (the “Intoxicating Hemp Law”), designed to regulate the production and sale of certain intoxicating hemp products. At a high level, this law would limit the...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

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

Federal Judge Says Virginia Did Not Overstep Its Authority in Regulating Intoxicating Hemp Products

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On October 30, Virginia’s hemp industry suffered an early defeat in its effort to overturn Virginia SB 903, a law that imposed stricter limitations on hemp products than what is currently required under federal law....more

Bradley Arant Boult Cummings LLP

Farm Bill Extended – for Now

Loyal Budding Trends readers and hemp operators at large know that the 2018 Farm Bill was a watershed moment for the hemp industry. It brought centuries-old hemp products back from near-extinction and lit the fuse for an...more

Perkins Coie

Ninth Circuit Rules on Legality of Delta-8 THC Products

Perkins Coie on

On May 19, 2022, the U.S. Circuit Court of Appeals for the Ninth Circuit issued an opinion holding that Delta-8 THC products are legal at the federal level and eligible for intellectual property protection...more

Bradley Arant Boult Cummings LLP

The Cat and Mouse Game Continues: FDA Issues Two New Warning Letters to CBD Companies

There is a scene in The Hunt for Red October when Captain Marko Ramius, played wonderfully by the late, great Sean Connery, says of a pending nuclear standoff: “Once more, we play our dangerous game, a game of chess against...more

Saul Ewing LLP

DEA Issues Hemp and CBD Rules to Implement Farm Bill

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On August 21, 2020, nearly two years after the passage of the Agriculture Improvement Act of 2018 (2018 Farm Bill), the Drug Enforcement Administration (DEA or the Agency) published an interim final rule that, according to...more

Hogan Lovells

DEA issues interim final rule implementing 2018 Farm Bill

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In the prepublication version of today’s Federal Register, the U.S. Drug Enforcement Agency (DEA) issued an interim final rule (IFR) implementing conforming changes to DEA’s regulations as a result of the Agricultural...more

Hogan Lovells

FDA Will Take Its Time on CBD – But Industry Does Not Have to Wait to Get Ready

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Tell me if you’ve heard this one before – the regulatory issues surrounding CBD will be completely resolved after a certain “legislative fix” is passed.  Remember all of the articles in December 2018 declaring CBD legal after...more

King & Spalding

FDA Releases Progress Report Regarding Enforcement Discretion Policy on Hemp-Derived Cannabidiol (CBD)

King & Spalding on

Last week, FDA submitted a report to Congress detailing the Agency’s progress on developing an enforcement discretion policy (i.e., a policy of not taking enforcement action) on hemp-derived cannabidiol (CBD). At the same...more

McNees Wallace & Nurick LLC

The ABCs of CBD in the Workplace

Lately, products containing CBD (from beer to skin cream to oils that can be diffused and vaped) seem to be all the rage.  Why are CBD products suddenly turning up everywhere (your local Sheetz convenience store for...more

Seyfarth Shaw LLP

Department of Transportation Cautions Employers About CBD Use By Regulated Workers

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Seyfarth Synopsis: As we reported here, the CBD (cannabidiol) craze is sweeping the nation. By 2022, it is expected to be a $22 billion per year industry. That said, if a CBD product has a concentration of more than 0.3% of...more

Robinson+Cole Health Law Diagnosis

Bipartisan Bill for Federal Regulation of CBD in Foods and Dietary Supplements

A bipartisan bill was introduced in the U.S. House of Representatives on January 13, 2020, that (1) would allow hemp-derived cannabidiol (CBD) to be regulated as a dietary supplement, if all of the other applicable...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l December 2019 #3

LEGISLATION, REGULATIONS & STANDARDS - CBD Explodes In Popularity But Hits Regulatory Wall - Following the passage of the 2018 Farm Bill, which legalized the cultivation of hemp, cannabidiol (CBD) became the star...more

Carlton Fields

Are Bank Regulators "Mellowing Out" on Cannabis?

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Federal bank regulators no longer require banks to submit suspicious activity reports (SARs) for legally authorized hemp business transactions, absent another required circumstance....more

Ballard Spahr LLP

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

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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

WilmerHale

USDA Releases Interim Hemp Regulations

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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

Troutman Pepper Locke

USDA Issues Rules for Hemp Production - Many Questions Remain for Hemp and CBD Sales

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Hemp production is a large and growing industry in the United States. Even before Congress’ passage of the Agriculture Improvement Act of 2018 (better known as the 2018 Farm Bill), the Hemp Business Journal estimated that...more

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