Canna Law Blog

FEBRUARY 2, 2020

The Agriculture Improvement Act of 2018 (“ 2018 Farm Bill ”) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (“CSA”) and by providing a detailed framework for the cultivation of hemp. The law was modified in 2016 in House Bill 992.

Hemp 111

Hemp CBD Agriculture Cultivation 111

Cannabis Law Report

JANUARY 15, 2022

Cannabis: industrial hemp. Existing law governs the cultivation of industrial hemp in this state and establishes a registration program administered by county agricultural commissioners and the Department of Food and Agriculture for growers of industrial hemp, hemp breeders, and established agricultural research institutions, as defined.

Hemp 52

Hemp Supply Chain Digestion Agriculture 52

Canna Law Blog

NOVEMBER 30, 2019

Dozens of times per month, I am asked by clients and potential clients whether hemp-derived cannabidiol (“Hemp CBD”) products are legal in California. 3% delta-9 THC and excludes hemp, which is legally defined as the Cannabis sativa L. plant with more than.3% plant with.3% 3% or less delta-9 THC. plant with.3%

Hemp 98

Hemp CBD Food Sativa 98

Project CBD

MARCH 8, 2019

As with humans, cannabis for pets can be broadly divided into two categories : hemp-based CBD and true medical cannabis (marijuana) products. Hemp is defined as cannabis that naturally produces less than 0.3% For years, hemp companies have been producing CBD rich extracts and marketing them for animals and humans. Related story.

Pets 215

Pets Legalization Hemp Extraction 215

Cannabis Law Report

DECEMBER 2, 2021

The hemp-derived cannabinoid market continues to grow and evolve despite lingering questions over federal legality and numerous state laws that try to keep pace. Much has been written about new “legal” hemp products that contain intoxicating delta-8 THC, delta-10 THC and THC-O Acetate. with the authors.

THC 52

THC Hemp Concentrates Extraction 52

Canna Law Blog

APRIL 15, 2019

We get a ton of questions about whether it’s legal to import hemp into the U.S. We do know that the Drug Enforcement Administration has confirmed that the importation of cannabis plant material that falls outside of the Controlled Substance Act’s definition of “marihuana” (e.g.,

Hemp 70

Hemp Agriculture THC Cultivation 70

Canna Law Blog

SEPTEMBER 1, 2019

The Agriculture Improvement Act of 2018 (“ 2018 Farm Bill ”) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (“CSA”) and by providing a detailed framework for the cultivation of hemp. Each Sunday we will summarize a new state in alphabetical order.

Hemp 74

Hemp CBD Seed-To-Sale Cultivation 74

Canna Law Blog

DECEMBER 24, 2019

The number one question we have received lately is: “do you know a bank or credit union that will bank my hemp-CBD business?” And if a financial institution is indeed banking your hemp-CBD business, they’re certainly doing it at their own risk in the face of the Bank Secrecy Act and federal anti-money laundering laws.

Banking 80

Banking Hemp CBD Cultivation 80

Canna Law Blog

OCTOBER 29, 2019

Department of Agriculture (“USDA”) released its interim hemp rules. Stakeholders will have 60 days to submit comments on the interim hemp rules. The 2018 Farm Bill requires states and Indian Tribes to submit hemp cultivation plans to the USDA. Hemp producers may not harvest before samples are taken.

Hemp 73

Hemp Compliance Compliance THC 73

Canna Law Blog

JUNE 7, 2019

On June 19, 2019, at 1:30 PST, the Washington State Bar Association’s Cannabis Law Section will be presenting an online CLE on hemp. I’ll be joined by my esteemed colleagues to shed some light on hemp laws both nationally and here in the Evergreen State. You can register to join us here.

Hemp 81

Hemp CBD Agriculture Food 81

Cannabis Law Report

MARCH 24, 2022

Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news: CBD. Law 360 (sub. bill places hemp stores, farmers at risk of losing business. Glenn Youngkin’s (R) desk could criminalize the use and distribution of CBD products and potentially hurt hemp farmers, if passed. 23 March 2022.

Hemp 52

Hemp CBD Legalization Research and Development 52

Cannabis Law Report

JULY 28, 2021

A notable exception has been the crackdown on Delta-8 THC, which is derived from hemp. Several states, including New York, have moved to ban the manufacture and sale of the substance. But that is only the tip of the iceberg for regulation of hemp and hemp derived substances. It defines hemp as “cannabis sativa L.

THC 105

THC Hemp CBD Cannabinoids 105

Cannabis Law Report

DECEMBER 14, 2019

On December 3, 2019, four federal agencies, in consultation with state banking regulators, clarified the legal status of hemp growth and production under the Bank Secrecy Act (BSA) for banks 1 providing financial services to hemp-related businesses. state and federal regulation of marijuana. Background.

Hemp 59

Hemp Business Banking Agriculture 59

Canna Law Blog

MAY 21, 2019

While the guide didn’t provide any earth-shattering news regarding cannabis-related trademarks, it did clarify the USPTO’s position with respect to trademarks for domestic industrial hemp products. Such goods may also raise “lawful use” issues under the Federal Food Drug and Cosmetic Act.”. Trademark Act.” 801 et seq.

Hemp 64

Hemp Agriculture Food Pets 64

Cannabis Law Report

APRIL 20, 2022

9-THC (the substance codified as “marihuana” by the federal Controlled Substances Act), have raised questions regarding these products’ legality under federal and state law. Delta-8 THC and Delta-10 THC, meanwhile, have slightly different molecular structures but can still be derived from “hemp” as defined by the 2018 Farm Bill.

Legalization 52

Legalization THC Sativa Hemp 52

Cannabis Law Report

MAY 1, 2019

Before I discuss how Director Hunt and CBP are dead wrong on this issue, it is important to acknowledge that CBD oil derived from marijuana is illegal under both federal and Texas state law. It states: “ The term marihuana does not include— (i)hemp, as defined in section 297A of the Agricultural Marketing Act of 1946[.]”.

Hemp 45

Hemp Oil Agriculture State Laws 45

Canna Law Blog

AUGUST 9, 2019

We have written extensively about the FDA’s increasing intolerance for companies making “over the line” health claims about CBD and warned that retailers ought to be concerned about selling hemp-derived CBD in cosmetics. Our human customers are already reaping the benefits of CBD with Curaleaf Hemp. 321(ff)(3)(B) and 321(ff)(2)(A)(i).”

Hemp 86

Hemp Pets CBD Research and Development 86

Cannabis Law Report

JUNE 11, 2019

The latest hemp laws state-by-state: May 2019. By: Hemp Industry Team. Hemp growth programs took root in four different states, expanded in two states, and legislation awaits the governor’s signature in another state in the month of May. Established a hemp growth program.

Hemp 40

Hemp Food Retail Legislation 40

Cannabis Law Report

OCTOBER 15, 2021

The California Legislature has passed a bill that will allow California consumers to purchase food, beverage, dietary supplements, and cosmetics manufactured with hemp-derived cannabinoids such as cannabidiol (CBD). Assembly Bill 45 (AB45), which is expected to be signed into law before Oct. Christian P. Take it up with Congress. .

Food 52

Food Cannabinoids Hemp Legalization 52

Cannabis Law Report

JANUARY 18, 2022

Hemp Grower has a good piece publishedt his week on the issue. The opinion reads: “Delta-8 tetrahydrocannabinol (Delta-8 THC) comes within the definition of a Schedule I controlled substance and is unlawful to possess or sell in Kansas unless it is made from industrial hemp and is contained in a lawful hemp product having no more than 0.3%

Hemp 52

Hemp THC Vaping State Laws 52

The Blunt Truth

JULY 5, 2023

Starting August 1, 2023, Minnesota will provide protections to individuals who use cannabis for recreational purposes, after Minnesota Governor Tim Walz signed a state law allowing adults 21 and older to use recreational cannabis. The new law amends the state’s Consumable Products Act to protect off-duty cannabis use.

Law 52

Law Recreational Policy Treatment 52

SpeedWeed

APRIL 27, 2021

Delta-8 THC, aka delta-8, the intoxicating cannabinoid synthesized from hemp, is making waves across the United States, and especially in states where marijuana remains illegal. That’s because delta-8 is derived from federally legal hemp, which by law contains less than 0.3% delta-9 THC.

Legalization 52

Legalization DEA Supply Chain Hemp 52

Canna Law Blog

JANUARY 13, 2020

Since the enactment of the 2018 Farm Bill , a wide range of hemp-derived CBD (“Hemp CBD”) products have sparked the interest of American consumers, including CBD vaping devices. Consequently, the sale of Hemp-CBD-infused smokable products is in a legal gray area , not explicitly allowed nor prohibited under federal law.

Vaping 88

Vaping CBD Hemp Consumption 88

Cannabis Law Report

JULY 26, 2021

But how can a product that purportedly gets users high escape federal and state regulation? Delta-8 is one of the hundreds of cannabinoids that are naturally found in hemp and cannabis plants. That being said, the Agriculture Improvement Act of 2018, dubbed the “Farm Bill”, expressly carved out “tetrahydrocannabinols in hemp.”

THC 105

THC Agriculture Hemp Extraction 105

Cannabis Law Report

AUGUST 12, 2022

A California company specializing in hemp-derived delta-8 THC products has notched a fourth straight victory in copyright battles with competitors that it claimed were illegally using its protected brand. By way of background, the 2018 Farm Bill legalizes hemp so long as the hemp or hemp product contains less than 0.3%

THC 52

THC DEA Hemp Vaping 52

Cannabis Law Report

JULY 29, 2021

Rather, my suspicion is that white law enforcement agents are seeing brown people working in fields planting hemp seedings and jumping to unwarranted (not to mention problematic) conclusions. Hemp Is Legal. In Oregon, industrial hemp is specifically excluded from the definition of marijuana.

Agriculture 105

Agriculture Hemp Collective THC 105

Cannabis Law Report

APRIL 15, 2019

First, the name of a product by definition cannot serve as a trademark : a trademark must distinguish a product from other products as to its origin, and it cannot merely describe the product itself. This post concerns the first problem with respect to hemp strains (or, more formally, varietals and cultivars ).

Strains 45

Strains Hemp Sativa Agriculture 45

Canna Law Blog

DECEMBER 9, 2019

We’ve written extensively about hemp-derived CBD and the myriad issues faced by manufacturers CBD edibles. You can read more about this topic here: Is Hemp CBD Really Unlawful in California? The FDA Issues Hemp-CBD Warning Letters and a Consumer Update. Litigation Update: JustCBD Files Motion to Dismiss Class Action Lawsuit.

CBD 98

CBD Food Hemp Topical 98

Cannabis Law Report

OCTOBER 28, 2021

Although the 2018 Farm Bill carved out hemp from the federal Controlled Substances Act, few court rulings have addressed the legal distinction between federally-legal hemp and federally-illegal cannabis. A new opinion from the District of Oregon ( Bogard v. 1:19-CV-00705-AA, 2021 WL 4269991 (D.

CBD 52

CBD Policy THC Hemp 52

Canna Law Blog

FEBRUARY 25, 2019

This post provides an overview of the regulatory framework of alcoholic beverages, including pre-manufactured industrial hemp-infused drinks and “homemade” alcoholic drinks infused with CBD oil or extracts. Pre-Manufactured Alcohol Beverages Infused with Hemp. Drinks Infused with CBD Oil or Extracts.

CBD 92

CBD Seed-To-Sale Legalization Hemp 92

Canna Law Blog

JANUARY 6, 2020

A year ago, we discussed a shift in nomenclature for hemp-derived cannabidiol (“Hemp-CBD”) products. Many CBD companies have swapped the word “CBD” for the terms “hemp extract” and “full spectrum hemp” in hope of mitigating the risk of FDA and local enforcement actions.

CBD 75

CBD Hemp Extraction Food 75

The Blunt Truth

JULY 18, 2023

PITFALLS TO AVOID The TTAB held that NCG “cannot obtain federal registrations of its marks because [NCG’s] identified goods constitute drug paraphernalia under the CSA, the [Authorization] [E]xemption …, based on state law, does not support federal registration, and the [Tobacco] [E]xemption … does not apply.” In re Pioneer IP Ints.,

Oil 98

Oil Hemp Cannabis Extraction 98

Cannabis Law Report

NOVEMBER 22, 2019

The most recent federal law to address potential legal uses of cannabis/CBDderived goods is the Agriculture Improvement Act of 2018, colloquially known as the 2018 Farm Bill. Signed into law on December 20, 2018, the 2018 Farm Bill formally acknowledges that hemp, defined as the plant “Cannabis sativa L. Cannabis sativa L.

CBD 59

CBD Pets Sativa Food 59

NORML

FEBRUARY 22, 2019

Arizona Governor Doug Ducey signed legislation into law this week permitting the production of industrial hemp in accordance with the new federal regulations. Legislation is pending, House Bill 2149, to amend the definition of “cannabis” under the 2010 voter-approved medical marijuana law. AZ resident?

Legislation 183

Legislation Hemp Compliance Compliance 183

Cannabis Law Report

AUGUST 31, 2022

The point of this post is not to advocate that Delta-8 THC and the like be made illegal or even that Delta-8 THC be more liberalized; rather, the point is that the hemp industry and hemp customers need more certainty about Delta-8 THC and similar products. What Is Delta-8 THC? Legal Status of Delta-8 THC. Whitt Steineker.

THC 52

THC Hemp Banking Law 52

Cannabis Law Report

SEPTEMBER 12, 2022

If the insured can demonstrate issues of material fact exist about the nature of the loss, then the insurer cannot win summary judgment as a matter of law and the case will go to a jury to decide. Marijuana and hemp are considered high risk, in a similar category to topless bars, liquor, and guns. Juries hate insurance companies. .

Business 52

Business Policy Seed-To-Sale Hemp 52

MMJ Recs

MAY 16, 2020

Back when the United States first came into being, cannabis was widely grown for hemp. As other crops such as cotton became more popular, hemp fell out of fashion and cannabis plants were no longer encouraged to be farmed. So can a state recriminalize medical marijuana? A Brief History of Marijuana.

Marijuana 52

Marijuana Decriminalization History Conditions 52