News & Analysis as of

Farm Bill Marijuana Related Businesses Regulatory Oversight

Foley Hoag LLP - Cannabis and the Law

New Jersey Passes Law to Regulate/Restrict the Sale of Intoxicating Hemp Derived Products

The Governor of New Jersey signed into law Senate Bill No. 3235 (the “Intoxicating Hemp Law”), designed to regulate the production and sale of certain intoxicating hemp products. At a high level, this law would limit the...more

Hogan Lovells

DEA issues interim final rule implementing 2018 Farm Bill

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In the prepublication version of today’s Federal Register, the U.S. Drug Enforcement Agency (DEA) issued an interim final rule (IFR) implementing conforming changes to DEA’s regulations as a result of the Agricultural...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

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l December 2019 #3

LEGISLATION, REGULATIONS & STANDARDS - CBD Explodes In Popularity But Hits Regulatory Wall - Following the passage of the 2018 Farm Bill, which legalized the cultivation of hemp, cannabidiol (CBD) became the star...more

Carlton Fields

Are Bank Regulators "Mellowing Out" on Cannabis?

Carlton Fields on

Federal bank regulators no longer require banks to submit suspicious activity reports (SARs) for legally authorized hemp business transactions, absent another required circumstance....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

Troutman Pepper

USDA Issues Rules for Hemp Production - Many Questions Remain for Hemp and CBD Sales

Troutman Pepper on

Hemp production is a large and growing industry in the United States. Even before Congress’ passage of the Agriculture Improvement Act of 2018 (better known as the 2018 Farm Bill), the Hemp Business Journal estimated that...more

Brooks Pierce

What is Hemp? Is It Even Legal?

Brooks Pierce on

Hemp and cannabidiol (CBD) products are dominating the airwaves and the marketplace, and North Carolina has been at the forefront, ranking sixth in the nation in acres of hemp produced in 2018. Many predict that the market...more

Burns & Levinson LLP

In Case You Missed It: Recent Federal Developments Signal Forthcoming Hemp-Industry Guidance

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On Thursday, July 25, 2019, the Senate Agriculture Committee held a hearing before federal regulatory agencies in the agriculture, public health and pesticides space concerning efforts to implement the legalization of hemp....more

Seyfarth Shaw LLP

CBD is Everywhere – But Where Does the FDA Stand?

Seyfarth Shaw LLP on

Seyfarth Synopsis: CBD is “thriving” in the current regulatory environment, but is it doing so illegally? As former U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb opined last week, “the CBD craze is...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: FDA Expedites its Efforts to Release CBD Regulations

Products containing cannabidiol (“CBD”), a compound derived from cannabis, are part of a growing market that some analysts have projected will reach over $2.3 billion by 2022. CBD products—from gummy bears and pet products to...more

Ward and Smith, P.A.

Hemp News: Updates on Interstate Travel, Interstate Commerce, and Crop Insurance

Ward and Smith, P.A. on

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

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

Knobbe Martens

A Joint Crackdown from the FTC and FDA on Medical Treatment Claims from CBD Companies

Knobbe Martens on

The Federal Trade Commission (FTC) and the U.S. Food and Drug Administration (FDA) jointly sent warning letters on April 3, 2019 to companies that advertise and sell cannabidiol (CBD) containing products via internet...more

Ward and Smith, P.A.

Compliance Inspections for CBD Retail Operations in NC

Ward and Smith, P.A. on

In February, the North Carolina Department of Agriculture & Consumer Services (the "Department") disclosed its intent to issue CBD Advisory Letters to hemp and CBD industry participants within our state. Since then, letters...more

Bilzin Sumberg

FDA to Consider Regulation of CBD in Food

Bilzin Sumberg on

Historically, all forms of cannabis—both hemp and marijuana—have been federally designated as illegal substances. That all changed this past December when the President signed the Agricultural Improvement Act (2018 Farm Bill)...more

Holland & Knight LLP

100 Days In for Hemp and CBD: More Than a "Touch of Grey"

Holland & Knight LLP on

• The 2018 Farm Bill, enacted nearly four months ago, included a provision that was designed to legalize industrial hemp on a broad scale. However, there are several caveats and lingering uncertainties for companies that are...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

McDermott Will & Emery

FDA Announces Public Hearing on Products Containing Cannabis or Cannabis-Derived Compounds

On May 31, 2019, the Food and Drug Administration (FDA) will hold a public hearing on cannabis products. The hearing seeks to obtain scientific data on cannabis and cannabis-derived compounds, along with additional...more

Locke Lord LLP

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

Locke Lord LLP on

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

Shumaker, Loop & Kendrick, LLP

Client Alert: Florida Hemp Regulation is Coming: What Farmers, Investors, and Business Owners Can Do Now

On December 12, 2018, President Trump signed the Farm Bill removing hemp from the list of controlled substances and making it federally legal to grow and sell hemp. Hemp comes from the same cannabis plant that produces...more

Stoel Rives LLP

‘Use Caution’ When Shipping Hemp Across State Lines

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

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