CBD and Hemp Legal and Regulatory Roundup – March 2021 #2

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Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news:

CBD

Pharmacists see increasing role in counseling patients on which CBD products may work for them, how they should be used

With a wide array of CBD and CBD extract products available without a prescription, pharmacists have a role to play in counseling patients on which products may work for them and how they should be used. During a session at the American Pharmacists Association 2021 Annual Meeting and Exposition, Danielle Fixen, from the University of Colorado Skaggs School of Pharmacy and Pharmaceutical Sciences, said when selecting CBD products to carry or recommend to patients, clinicians should demonstrate a framework and consider various delivery methods, including inhaled products, suppositories, oral products and topical creams or patches. She also outlined some standards to maintain when considering CBD products. Pharmacists should recommend products:

  • Made in a state that has legalized the recreational and medical use of cannabis;
  • That are full or broad-spectrum CBD oil extract;
  • That have a certificate of analysis and labeling indicating the amount of CBD per serving; and
  • CBD obtained from high-resin cannabis.

Products shouldn’t be considered if they’re made from a foreign source, isolate, distillate or say “pure CBD,” only list total cannabinoid content and are derived from the seed or stalk of a hemp plant. Pharmacy Times

USDA final rule on hemp increases flexibility, Va. farm bureau says

The USDA issued a final ruling Jan. 15 that’ll allow for increased flexibility when sampling crops for THC levels, the Virginia Farm Bureau reported. Although the levels must remain below 0.3%, samples may now be collected five to eight inches from the crop’s main stem, terminal buds and central colas. This will allow more plant material to be used during the sampling process, which could help limit crops from exceeding allowable THC limits, the Farm Bureau said. While crops exceeding 0.3% THC levels must be destroyed, the rule allows alternative disposal methods including composting or mulching, disking, mowing or chopping down, plowing under and burning and burying the crop at a depth of 12 inches or more. What’s known as the negligence threshold also has been increased, rising from 0.5% to 1%. This, the Farm Bureau said, will help farmers avoid violations for crops that test above the threshold. If three violations are received within a five-year period, farmers won’t be able to participate in the U.S. Domestic Hemp Production Program for five years. Danville Register & Bee

Hemp

Wy.-based medical hemp facility relies on hemp legalization

3BUDS Dispensary, a Wy.-based medical hemp facility, legally sells products with a less psychoactive effect than medical marijuana due to the 2018 U.S. Farm Bill, which descheduled certain cannabis products, namely hemp. Theodore Lasher one of the store’s owners, said hemp legalization is crucial to their business model. Since the legalization of hemp at the federal level in 2018, Pa.’s Department of Agriculture issues permits for the cultivation of hemp around the state. While hemp has plenty of industrial usages it can also be used as a medical product. Times Leader

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Kelley Drye & Warren LLP

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