News & Analysis as of

Cannabidiol (CBD) oil Hemp

Foley Hoag LLP - Cannabis and the Law

Cajun Cannabinoid Amendments Not Spared from Spate of Legal Challenges

With certain hemp operators and trade groups enjoying varying degrees of success challenging new state laws and regulations governing intoxicating hemp products, copycat lawsuits are being filed around the country, including,...more

Bradley Arant Boult Cummings LLP

Wait? My CBD Business May Be Racketeering? A Potential Existential Crisis We Have Been Warning About

Even the most responsible hemp operator should understand that it operates in a world full of risk. But I doubt many of them believe they might be accused of racketeering. Last week, the U.S. Supreme Court heard arguments...more

Husch Blackwell LLP

Intoxicating Hemp in Wisconsin

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America’s Dairyland does not currently have any form of either medical or adult-use cannabis. The state has tried and failed at least a couple of times on convening medical cannabis legislation (see here on the latest attempt...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

Greenberg Glusker LLP

Emergency Regulations Issued Banning Intoxicating CBD and Hemp Products in California: Enforcement and Legal Challenges

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On September 23, 2024, new emergency regulations went into effect in California impacting hemp and CBD products. With enforcement led by multiple state agencies (namely The Department of Public Health, Department of Cannabis...more

Bradley Arant Boult Cummings LLP

South Carolina Clears Path for Hemp Beverages

It’s hard to be surprised when you’ve been writing and talking about government decisions about the cannabis industry over the past decade. But I’ll admit that my eyebrows raised when I read a recent letter from the solicitor...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

Stark & Stark

Oh, My Hemp! The Legality of Intoxicating Hemp Products and the Problems with New Jersey’s New Hemp Law

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​​​​​​​On the heels of the enactment of New Jersey’s new hemp law (L. 2024, c. 73; Senate Bill No. 3235) (the “Intoxicating Hemp Bill”) amending the definition of “legal” hemp and limiting the production and sale of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fourth Circuit Issues Opinion Regarding Hemp-Derived (Delta-9) Products in Case Involving ADA Claims

On September 4, 2024, the Fourth Circuit Court of Appeals, in Anderson v. Diamondback Investment Group, LLC, ruled on whether a former employee’s use of lawful hemp-derived products containing delta-9-tetrahydrocannabinol...more

Knobbe Martens

FDA and FTC Crack Down on Delta-8 THC Copycat Products

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In a concerted effort to combat the illegal sale of delta-8 THC edibles packaged to look like popular snacks, the US Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) have recently begun issuing...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

Bowditch & Dewey

Alcoholic Beverages Control Commission Issues Advisory Concerning Immediate Removal of Food and Beverages Containing Hemp Derived...

Bowditch & Dewey on

On May 30, 2024, the Alcoholic Beverages Control Commission (“ABCC”) issued an advisory (“Advisory”) in connection with the joint notice issued by the Massachusetts Department of Public Health (“MDPH”) and the Massachusetts...more

Jackson Lewis P.C.

U.S. Drug Enforcement Administration Recommends Rescheduling Marijuana To Schedule III, Similar to Tylenol With Codeine

Jackson Lewis P.C. on

The U.S. Drug Enforcement Administration will recommend that marijuana should be rescheduled from a Schedule I drug to a Schedule III drug, according to an announcement made April 30, 2024 by the U.S. Department of Justice. ...more

McGlinchey Stafford

Texas Politicians Take Aim at Hemp-Derived THC

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On April 11, 2024, Texas Lt. Governor Dan Patrick released his 2024 Interim Legislative Charges. This list indicates his goals for the upcoming legislative session, and among his priorities ahead of the 2025 Texas Legislative...more

Husch Blackwell LLP

Hemp Production on the Upswing – Is Intoxicating Hemp the Main Driver?

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Earlier this year, hemp was included in the USDA’s Census of Agriculture. When hemp was first legalized in 2018, there was a boom in production under the fervor of new opportunities, spearheaded by the demand for CBD...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

Husch Blackwell LLP

Cannabis Law Now Podcast: THC Infused Beverages: Cantrip's Journey Through the Hemp-Derived Looking Glass

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In 2023, Total Wine & More jumped into the cannabis drinks arena in Minnesota. Since then, there’s been an influx of “THC Beverages” hitting the marketplace, including in interstate commerce. How is this legally possible, and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Weed at Work: Can Georgia Employers Still Drug Test?

Across the United States, a broad legal spectrum has developed regarding the use of marijuana, thus creating great uncertainty among employers that have long striven to maintain drug-free workplaces. Federally, marijuana...more

Bradley Arant Boult Cummings LLP

Delta-Nope: Florida Poised to Ban Delta-8 and Delta-10 Products

Earlier this week, the Florida legislature passed a bill (SB 1698) that will limit the amount of THC in hemp-derived products and threatens to upend the novel cannabinoid industry in the state. For the past few years,...more

McGlinchey Stafford

States Poised to Take Action on Hemp-Derived Cannabinoids in 2024

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Over the last several years, there has been a dramatic increase in retail and online sales of products containing hemp-derived and synthetically created cannabinoids. As a result, an increasing number of states are poised to...more

Husch Blackwell LLP

What’s in Your “THC Beverages”?

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In November of last year, we wrote about how Total Wine & More jumped into the cannabis drinks arena in Minnesota. Since then (and probably before that), there’s been an influx of “THC Beverages” hitting the marketplace, and...more

McGuireWoods LLP

FDA Warning Letter Declares Delta-8 and CBD Gummies ‘Adulterated Foods’

McGuireWoods LLP on

On Dec. 6, 2023, the U.S. Food and Drug Administration (FDA) sent a warning letter to the owners of online hemp, tetrahydrocannabinol (THC) and cannabidiol (CBD) retailer Hemp-xr.com for introducing adulterated foods into...more

Husch Blackwell LLP

Cannabis Drinks Hit Total Wine

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Many states with cannabis legalization have manufacturer and dispensary licenses that make and sell cannabis-infused beverages and even cannabis-infused drink mixes. What you don’t usually see is a major liquor retailer...more

Vicente LLP

Cannabis and Hemp Developments in North Carolina

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Public support for medical cannabis in North Carolina is quite strong. In fact, according to a Meredith College poll conducted in February 2023, 73% of North Carolina voters, including 64% of Republicans, support a law...more

Bradley Arant Boult Cummings LLP

Some of It’s Magic, Some of It’s Tragic: Jimmy Buffett and American Cannabis Policy

Jimmy Buffett was a spirit animal of the Budding Trends blog. We don’t quote from him as often as we do the Grateful Dead, Phish, Widespread Panic, or popular movies, but maybe because in many ways his lyrics are too good for...more

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