News & Analysis as of

Farm Bill Regulatory Oversight Cannabidiol (CBD) oil

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

Bradley Arant Boult Cummings LLP

The Cat and Mouse Game Continues: FDA Issues Two New Warning Letters to CBD Companies

There is a scene in The Hunt for Red October when Captain Marko Ramius, played wonderfully by the late, great Sean Connery, says of a pending nuclear standoff: “Once more, we play our dangerous game, a game of chess against...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

Hogan Lovells

DEA issues interim final rule implementing 2018 Farm Bill

Hogan Lovells on

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

Hogan Lovells

FDA Will Take Its Time on CBD – But Industry Does Not Have to Wait to Get Ready

Hogan Lovells on

Tell me if you’ve heard this one before – the regulatory issues surrounding CBD will be completely resolved after a certain “legislative fix” is passed.  Remember all of the articles in December 2018 declaring CBD legal after...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

McNees Wallace & Nurick LLC

The ABCs of CBD in the Workplace

Lately, products containing CBD (from beer to skin cream to oils that can be diffused and vaped) seem to be all the rage.  Why are CBD products suddenly turning up everywhere (your local Sheetz convenience store for...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

Robinson+Cole Health Law Diagnosis

Bipartisan Bill for Federal Regulation of CBD in Foods and Dietary Supplements

A bipartisan bill was introduced in the U.S. House of Representatives on January 13, 2020, that (1) would allow hemp-derived cannabidiol (CBD) to be regulated as a dietary supplement, if all of the other applicable...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

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

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

Baker Donelson

USDA Unveils New Federal Hemp Production Rules

Baker Donelson on

The United States hemp/CBD industry reached another milestone this week, as long-awaited federal rules were issued governing hemp production. On Tuesday, October 29, the Agricultural Marketing Service of the United States...more

Wilson Sonsini Goodrich & Rosati

Senate Majority Leader Intensifies Pressure on FDA to Expedite Cannabis Guidance

In the latest sign that congressional pressure on the Food and Drug Administration (FDA) to expedite regulations on cannabidiol (CBD) products continues to intensify, Senate Majority Leader Mitch McConnell (R-KY) this week...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

Burns & Levinson LLP on

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

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

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

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