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Controlled Substances Act Regulatory Oversight Marijuana

Husch Blackwell LLP

THC Beverage Makers and Distributors: Top 5 Concerns for 2025

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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

DLA Piper

HHS to DEA: Marijuana Should Be Schedule III – What This Means for The Cannabis Industry

DLA Piper on

In a non-public letter sent earlier last week, the US Department of Health and Human Services (HHS) recommended to the US Drug Enforcement Administration (DEA) that marijuana be re-classified under the Controlled Substances...more

Sheppard Mullin Richter & Hampton LLP

Bridging the Gap: Cannabis Rescheduling to Align Policy with Research

In a much-anticipated move, sources recently reported that the Drug Enforcement Administration (“DEA”) will recommend rescheduling cannabis from a Schedule I substance to a Schedule III substance under the federal Controlled...more

Troutman Pepper Locke

From “High Potential for Abuse” to “Accepted Medical Use”: Tracking Developments and Possible Outcomes of Federal Cannabis...

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Whether you believe that cannabis legalization has occurred too quickly or too slowly, one thing is certain: recent developments herald a potentially seismic shift in federal cannabis policy in the U.S. Reflecting on our...more

Troutman Pepper Locke

HHS Proposes Rescheduling Cannabis to Schedule III – What It Means for the Industry

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It has been widely reported and confirmed publicly that, on August 29, the U.S. Department of Health and Human Services (HHS) sent a letter to the Drug Enforcement Administration (DEA) recommending that cannabis be moved from...more

Kaufman & Canoles

North Carolina Eliminates Hemp Pilot Program

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After more than four years in operation, the North Carolina Industrial Hemp Pilot Program will be eliminated at the end of 2021. The decision, announced in August, will also wrap up operations for the North Carolina...more

Akerman LLP

Are We There Yet? Schumer Unveils Long-Awaited, Sweeping Marijuana Reform Bill

Akerman LLP on

On Wednesday, July 14, 2021, Senate Majority Leader Chuck Schumer (D-NY) – at long last – revealed the first draft of a comprehensive reform bill in an effort to remove marijuana from the Controlled Substances Act. Only time...more

Saul Ewing LLP

DEA Issues Hemp and CBD Rules to Implement Farm Bill

Saul Ewing LLP on

On August 21, 2020, nearly two years after the passage of the Agriculture Improvement Act of 2018 (2018 Farm Bill), the Drug Enforcement Administration (DEA or the Agency) published an interim final rule that, according to...more

Cozen O'Connor

Controlled Substances, CBD and COVID-19

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While the country wrestles with the coronavirus pandemic, the federal government and many state governments recently made key determinations that could shape the future of the cannabis, hemp, and CBD industries for years to...more

King & Spalding

FDA Releases Progress Report Regarding Enforcement Discretion Policy on Hemp-Derived Cannabidiol (CBD)

King & Spalding on

Last week, FDA submitted a report to Congress detailing the Agency’s progress on developing an enforcement discretion policy (i.e., a policy of not taking enforcement action) on hemp-derived cannabidiol (CBD). At the same...more

Seyfarth Shaw LLP

Department of Transportation Cautions Employers About CBD Use By Regulated Workers

Seyfarth Shaw LLP on

Seyfarth Synopsis: As we reported here, the CBD (cannabidiol) craze is sweeping the nation. By 2022, it is expected to be a $22 billion per year industry. That said, if a CBD product has a concentration of more than 0.3% of...more

Stinson LLP

Missouri Financial Institutions Must Prepare for Impending Marijuana Banking Challenges

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In November 2018, Missouri voters passed Amendment 2, setting in motion state regulated medical marijuana. Over the last month, the Missouri Department of Health & Senior Services (DHSS) began approving license applications...more

Ballard Spahr LLP

Banking Regulators Ease SAR Reporting Requirements Applied to Hemp-Related Businesses

Ballard Spahr LLP on

On December 3, 2019, four federal agencies – the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation (“FDIC”), the Financial Crimes Enforcement Network (“FinCEN”), and the Office of the...more

Lowndes

Long-Awaited Guidance for Banking Hemp Clients Released

Lowndes on

Since the effective date of the 2018 Farm Bill, banking and the inability to acquire financing have been major impediments for the hemp industry. While demand for hemp continues to grow, banking regulations have still been...more

WilmerHale

USDA Releases Interim Hemp Regulations

WilmerHale on

On October 31, 2019, the US Department of Agriculture (USDA) released its long-awaited regulations governing hemp. Those regulations provide critical guidance to the hemp industry following the Agriculture Improvement Act of...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

Akin Gump Strauss Hauer & Feld LLP

Podcast: CBD, THC, FDA – What You Need to Know About Cannabis and Its Regulation

In this episode, Akin Gump health care and life sciences partner Howard Sklamberg discusses the history and status of cannabis regulation and enforcement in the U.S., particularly of cannabidiol, or CBD. Among the topics...more

Dorsey & Whitney LLP

FDA Conducts First Public Hearings Regarding CBD

Dorsey & Whitney LLP on

On Friday, May 31, 2019, the Food and Drug Administration (“FDA”) conducted its first public hearing to create a regulatory framework for the legal marketing and sale of cannabidiol (“CBD”) products. The FDA asked the...more

Foster Garvey PC

Understanding the Patchwork of Regulatory Schemes of the Sale and Use of Hemp-Derived Products

Foster Garvey PC on

On December 20, 2018, President Trump signed into law the Agricultural Improvement Act of 2018 (the “2018 Farm Bill”) to replace the expiring 2014 Farm Bill. The 2018 Bill, which passed with strong support in both the House...more

Wilson Sonsini Goodrich & Rosati

FDA Takes Steps Towards Allowing Inclusion of Cannabis and Its Derivatives (CBD) in Food, Beverages, and Dietary Supplements

Introduction: FDA to Hold Public Hearing - The U.S. Food and Drug Administration (FDA) recently announced it will hold a public hearing on May 31, 2019. This important hearing presents an opportunity for consumers,...more

Wilson Sonsini Goodrich & Rosati

Two Major Retailers Sell CBD-Containing Products Amid a Changing Legal Environment

Late last month, two major retailers announced that they will begin selling cannabidiol (CBD)-containing topical products in stores across multiple states. These announcements represent another important development following...more

Troutman Pepper Locke

The 2018 Farm Bill, Cannabis and the FDA: Clarification or Continued Regulatory Uncertainty?

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In mid-December the United States Congress passed, and, on December 20, 2018, the President signed the 2018 Farm Bill. By far the most noteworthy aspects of the bill relate to cannabis and hemp. Under the Controlled...more

Stoel Rives LLP

‘Use Caution’ When Shipping Hemp Across State Lines

Stoel Rives LLP on

Despite the December passage of the 2018 Farm Bill, the legal status of hemp cultivation and transportation across the United States remains murky....more

Schwabe, Williamson & Wyatt PC

Hemp Growers Beware: 2018 Farm Bill Provides Long-Term Opportunities, but Short-Term Risk Remains

Oregon-Grown Hemp Seized in Idaho - On January 24, 2019, an Oregon grower, who had legally grown and produced hemp with a license under Oregon law, was shipping a load of product to a purchaser in Colorado for processing....more

Sheppard Mullin Richter & Hampton LLP

The Farm Bill’s Impact on Hemp and CBD – and How Some States are Reacting

While the legal landscape continues to evolve in the cannabis industry, making entry into the space a potentially risky proposition, the passage of the Agriculture Improvement Act of 2018 (the “Farm Bill”) can be a real game...more

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