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Ninth Circuit Decision Provides Clarity While Raising New Questions

The Ninth Circuit Court of Appeals recently held in AK Futures LLC v. Boyd St. Distro, LLC that delta-8 THC is legal for purposes of trademark protection. 35 F.4th 682, 686 (9th Cir. 2022). The rationale behind this ruling...more

Court Rules Indian Tribe Cannot Regulate Hemp Production (Yet)

As we’ve written about several times, the 2018 Farm Bill legalized hemp but specified that it must be done pursuant to a state or tribal plan, known as a 279B plan. Such a plan is not effective until approved by the Secretary...more

USDA Legal Opinion Seeks To Clarify Interstate Transport of Hemp

On May 28, 2019, the United States Department of Agriculture’s (“USDA”) Office of the General Counsel issued a Legal Opinion, which attempts to address open questions relating to interstate transport of hemp. While the 2018...more

Understanding The Impact Of The 2018 Farm Bill On CBD

The passage of the 2018 Farm Bill capped off a momentous year for cannabidiol, or CBD, a non-psychoactive derivative of cannabis. The year kicked off with the January 2018 rescission of the Cole Memo, the U.S. Department of...more

Debunking Myths About the 2018 Farm Bill and CBD

The passage of the 2018 Farm Bill capped off a momentous year for cannabidiol, or CBD, a non-psychoactive derivative of cannabis. As we wrote about here, the year kicked off with the rescission of the Cole Memo, the DOJ’s...more

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