News & Analysis as of

State and Local Government Food and Drug Administration (FDA) Hemp

Bradley Arant Boult Cummings LLP

Maybe So, Maybe Not: Mississippi AG’s Office Opines That Mississippi Law Prohibits Most Consumable Hemp Products While Recognizing...

All participants of Mississippi’s cannabis industry should take notice of an opinion the Mississippi Attorney General’s Office published on June 11, 2025. The opinion answered three questions Mississippi Rep. Lee Yancey...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

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

Foley Hoag LLP - Cannabis and the Law

Senate Wades Into the Muddy Waters of Intoxicating Hemp

With the persisting uncertainty surrounding the next iteration of the Farm Bill and its treatment of hemp-derived consumable products, perhaps it should come as no surprise that legislators on Capitol Hill have proposed...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

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 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

Vicente LLP

California Now Permits the Manufacture and Retail Sale of Hemp-Derived Products — Including CBD

Vicente LLP on

On October 6, 2021, Governor Newsom signed AB-45 into law. The bill, which takes effect immediately, permits the sale of food, beverages, dietary supplements, pet products, and cosmetics containing hemp-derived ingredients,...more

Seyfarth Shaw LLP

The Week in Weed: August 2021 #3

Seyfarth Shaw LLP on

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. The FDA says CBD is not a dietary supplement.  California refuses to allow cannabis in prisons.  ...more

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

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

Schwabe, Williamson & Wyatt PC

Hemp: Challenges and Opportunities in a Budding Industry

On May 12, Schwabe collaborated with Moss Adams to host a virtual roundtable that explored legal realities around owning and operating a hemp business in Oregon. Schwabe attorneys Lisa Schaures and Joe Hobson were joined by...more

Rivkin Radler LLP

Cannabis Investors and Producers Face Need for Due Diligence

Rivkin Radler LLP on

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

Seyfarth Shaw LLP

The Week in Weed: February 2020 #2

Seyfarth Shaw LLP on

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. It was a busy week for the states, as Virginia moved towards decriminalization.  The state House and Senate passed...more

Seyfarth Shaw LLP

The Week in Weed: December 2019

Seyfarth Shaw LLP on

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. New Jersey is talking about decriminalizing marijuana. Regular readers will doubtless recall that legalization...more

Foley & Lardner LLP

Key Takeaways from USDA’s Interim Hemp Production Rule

Foley & Lardner LLP on

On October 31, 2019 the U.S. Department of Agriculture (USDA) published an Interim Final Rule (84 FR 58522) establishing the U.S. Domestic Hemp Production Program and outlining a regulatory framework for monitoring hemp...more

King & Spalding

USDA Issues Interim Final Rule to Establish Domestic Hemp Production Program and Approve State and Tribal Oversight Plans

King & Spalding on

Effective upon Publication, USDA’s Interim Final Rule Sets Forth One Important Part of the Regime for Marketing Hemp Products in the United States - This week, the U.S. Department of Agriculture (USDA) issued an interim...more

Roetzel & Andress

Ohio Is A Prime Market For CBD-Related Products

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With the recent passage of Ohio Senate Bill 57 (“SB 57”) legalizing hemp and hemp-derived cannabidiol (“CBD”), Ohio has become a prime market for CBD products. The Agricultural Improvement Act of 2018 (“2018 Farm Bill”)...more

Genova Burns LLC

The ABC's of CBD Regulation

Genova Burns LLC on

“Isn’t hemp the same thing as cannabis (marijuana)?” The difference between cannabis and hemp stem from their most widely studied and commonly known chemical compounds: tetrahydrocannabinol (“THC”) and cannabidiol (“CBD”)....more

Roetzel & Andress

What You Need To Know About Florida's Brand New Hemp & CBD Industry

Roetzel & Andress on

The Florida House of Representatives and Senate unanimously passed into law Senate Bill 1020, which legalizes and creates a regulatory framework for hemp and hemp-derived products, such as cannabidiol (“CBD”). The state’s...more

Lathrop GPM

America's Growing Embrace of Cannabis

Lathrop GPM on

The laws and regulations of the U.S. and each individual state are evolving at a significant pace concerning one genus of flowering plants, and mostly with a tender embrace. Despite being criminalized for the greater part...more

Baker Donelson

Florida Approves Plan for Hemp Production, Despite FDA Constraints on CBD

Baker Donelson on

Florida is a step closer to permitting hemp production, with Florida Governor Ron DeSantis signing into law legislation set forth in Florida Statutes Section 581.217, establishing a state hemp program within the Florida...more

Ward and Smith, P.A.

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

Ward and Smith, P.A. on

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

Wilson Sonsini Goodrich & Rosati

FDA Signals a Deliberative Approach to Cannabis at Public Hearing

While it was ostensibly convened to gather scientific input from stakeholders on how to appropriately regulate cannabis-infused products, the Food and Drug Administration (FDA) also used the May 31, 2019 public hearing as a...more

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