The Coronavirus has been largely indiscriminate in its assault on the business community.
Agriculture is no exception. It is true that many "agribusinesses," especially those directly involved in food production and...more
The last month has been difficult for everyone, to say the least.
The hemp industry as a whole has faced tremendous economic pressures and worries for months. Businesses continue to operate under regulatory uncertainty...more
Many businesses have suffered greatly in the wake of the measures taken to slow the spread of COVID-19. One immediate impact is the flood of requests from commercial tenants to their landlords for rent reduction or deferral....more
North Carolina has the third most planned communities in the United States after California and Florida.
All of these planned communities typically evolve in a similar three-step process. First, a real estate developer...more
Products containing hemp-derived cannabidiol ("CBD") have become incredibly popular in the United States, with new product brands entering the market seemingly every day.
Consumer demand and public interest in those products...more
12/11/2019
/ Advertising ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Class Action ,
Enforcement Actions ,
FDA Warning Letters ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Claims ,
Hemp ,
Marijuana Related Businesses ,
Marketing ,
Popular
On November 25, 2019, the U.S. Food & Drug Administration ("FDA") published a press release, published a revised Consumer Update, and announced the issuance of new warning letters to 15 companies for illegally selling and...more
12/2/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Enforcement Actions ,
FDA Warning Letters ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Interstate Commerce ,
Marijuana ,
Marijuana Related Businesses ,
Marketing ,
Product Labels
On October 31, 2019, the United States Department of Agriculture ("USDA") published its Interim Final Rule establishing the nation's Domestic Hemp Production Program, and providing regulations on testing, sampling, and the...more
This marks the second year that the North Carolina Chamber of Commerce has hosted a formal business conference dedicated to Agribusiness in North Carolina and beyond.
We were proud and privileged to participate in both....more
The hemp and cannabidiol ("CBD") industries today face substantial uncertainty, and they lack clear Federal rules, regulations, and guidance within which governments and businesses can safely operate.
That dearth of...more
9/18/2019
/ Agricultural Sector ,
Cannabidiol (CBD) oil ,
Criminal Liability ,
Decriminalization of Marijuana ,
Department of Agriculture ,
Farm Bill ,
Hemp ,
Interstate Commerce ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses
Much of the regulatory "attention" regarding cannabidiol ("CBD") has been, understandably, focused on the U.S. Food and Drug Administration ("FDA").
Indeed, the FDA was the first federal regulatory agency to publicly...more
The unavailability of crop insurance for hemp has long been a source of frustration and risk for growers in North Carolina, especially in the wake of recent disaster events like Hurricane Florence....more
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
7/23/2019
/ Agribusiness ,
Agricultural Sector ,
Cannabidiol (CBD) oil ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Interstate Commerce ,
Law Enforcement ,
Marijuana ,
Marijuana Cultivation ,
Probable Cause ,
Regulatory Oversight ,
State and Local Government
Hemp was decriminalized with the passage of the Agriculture Improvement Act of 2018, a.k.a. the "2018 Farm Bill."
While the 2018 Farm Bill decriminalized hemp and distinguished it from marijuana, it did not resolve all...more
The Transportation Security Administration (TSA) recently changed its policy on hemp-derived products.
Products and medications that contain lawfully produced hemp-derived cannabidiol (CBD) are now permitted on flights....more
6/7/2019
/ Agricultural Sector ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Interstate Commerce ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Public Comment ,
Public Hearing ,
Regulatory Oversight ,
USDA
The battle between "pesky, disrespectful, transient tenants," and "overbearing, Big Brother community associations" may be heating up in North Carolina, thanks to a bill filed at the General Assembly this week....more
This week, we attended the Industrial Hemp Summit in Danville, VA.
The quality of the event, the information shared, and the people in attendance were incredible. Although the topics of discussion and educational materials...more
2/28/2019
/ Agricultural Sector ,
Cannabidiol (CBD) oil ,
Crop Insurance ,
Decriminalization of Marijuana ,
Farm Bill ,
Financial Services Industry ,
Food and Drug Administration (FDA) ,
Hemp ,
Marijuana ,
Marijuana Cultivation ,
Regulatory Oversight
Who gets what when a lease of real property is over?
This is a question that can be problematic for both landlords and tenants. If the tenant installed additional improvements or made alterations to the premises, will...more
2/25/2019
/ Abandoned Property ,
Commercial Leases ,
Commercial Real Estate Contracts ,
Commercial Tenants ,
Contract Terms ,
Fixtures ,
Heavy Equipment ,
Landlords ,
Lease Termination ,
Personal Property ,
Property Improvements
The Agriculture Act of 2018 legalized hemp and hemp-derived cannabidiol, or "CBD," on the Federal level by removing both substances from the definition of "marijuana" under the Controlled Substances Act of 1972.
But, that...more
The power of eminent domain, also referred to as condemnation, refers to the power of the government or other quasi-governmental entity, such as a utility company, to take private property for a public purpose....more
So you brew beer? Cool.
So you want to brew a beer with cannabidiol? Even cooler. Don’t know what cannabidiol is? That's ok. You probably know it as "CBD" – the highly popular cannabinoid that was recently legalized by...more
2/5/2019
/ Breweries ,
Cannabidiol (CBD) oil ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Safety ,
Hemp ,
Intellectual Property Protection ,
Marijuana-Infused Edibles ,
Nutrition Facts Labels ,
Regulatory Oversight ,
Trademarks ,
TTB ,
Wine & Alcohol
Hemp has wide commercial application and appeal with a viable market for nearly every part of the plant, from the seeds, to the roots, to the flower.
And with the passage of the Agriculture Improvement Act of 2018 (the...more
On Thursday, December 20, President Donald J. Trump signed into law the Agriculture Improvement Act of 2018 ("Farm Bill").
"Farm bills" are adopted by Congress from time to time to reauthorize and modify USDA programs that...more
Community associations in North Carolina typically are developed by private developers that plat the community, build the infrastructure and improvements, develop the lots, and organize the property owners or community...more
As we have written before, the legal world of cannabis-derived products is dynamic and uncertain.
The current uncertain environment was born in the wake of legalization for medical or recreational marijuana in a handful of...more
Annual membership meetings are an essential thread of the fabric of community associations.
Indeed, North Carolina law requires that all community associations hold a meeting of the association's members at least once a...more