Senate Bill 527: ABC Omnibus has been adopted by the North Carolina General Assembly and is heading to Governor Cooper for signature. This legislation, if signed as expected, will bring significant reforms to the state's...more
As many of you know (and, perhaps, some do not) – the North Carolina ABC Commission recently canceled retail permits for businesses that had not yet completed their annual renewal, which was due April 30th....more
This week, the U.S. Food & Drug Administration (FDA) posted warning letters to five hemp companies for, in the words of the FDA, "illegally selling products containing cannabidiol (CBD)." The warning letters and additional...more
Despite widespread trends in state-level legalization and decriminalization of high-THC cannabis and growing acceptance of cannabis among Americans, cannabis and cannabis products remain illegal under federal law.
At...more
Ward and Smith's Hemp and Cannabis Law attorneys recently attended the fifth annual Industrial Hemp Summit. After another year of adjustments and uncertainty caused by COVID-19 and other global factors, it was refreshing to...more
Hemp product producers and sellers must consider a large number of legal and regulatory compliance risks each day.
Are their inputs and plant material coming from legally compliant sources? Are their products,...more
10/18/2021
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Controlled Substances Act ,
DEA ,
Farm Bill ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
FTC Act ,
Hemp ,
Hemp Cultivation ,
Interim Final Rules (IFR) ,
Regulatory Agenda
For some time, North Carolina's hemp farmers and growers have questioned the fate of our hemp cultivation pilot program, authorized and adopted under the Agricultural Act of 2014 ("2014 Farm Bill"), and how the eventual end...more
In North Carolina, many lawsuits result in the entry of a judgment that establishes one party's right to collect payment of a certain amount of money from another party. It may be easy to view the entry of judgment as the...more
The Agriculture Improvement Act of 2018 ("Farm Bill") became law more than two years ago, decriminalizing hemp and its derivatives and opening the door for American farmers, manufacturers and retailers to create and explore...more
4/29/2021
/ Banks ,
BSA/AML ,
Credit Unions ,
Farm Bill ,
Federal Bank Regulatory Agencies ,
Financial Institutions ,
Financial Services Industry ,
Hemp ,
Hemp Related Businesses ,
Suspicious Activity Reports (SARs) ,
USDA
Several members of our Hemp Law team attended the Industrial Hemp Summit in late February.
The annual event is typically held in person at the Institute for Advanced Learning and Research in Danville, Virginia. This year,...more
For months, farmers and growers of hemp have faced a difficult decision: What to do at the end of October as the North Carolina industrial hemp pilot program expires and we phase into hemp production under the USDA's Interim...more
In a short period of time, COVID-19 has changed the way we live and conduct business.
Sadly, the pandemic seems as though it will cause (or already has caused, depending on who you ask) a devastating impact on our local...more
The Coronavirus has been largely indiscriminate in its assault on the business community.
Agriculture is no exception. It is true that many "agribusinesses," especially those directly involved in food production and...more
The last month has been difficult for everyone, to say the least.
The hemp industry as a whole has faced tremendous economic pressures and worries for months. Businesses continue to operate under regulatory uncertainty...more
Products containing hemp-derived cannabidiol ("CBD") have become incredibly popular in the United States, with new product brands entering the market seemingly every day.
Consumer demand and public interest in those products...more
12/11/2019
/ Advertising ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Class Action ,
Enforcement Actions ,
FDA Warning Letters ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Claims ,
Hemp ,
Marijuana Related Businesses ,
Marketing ,
Popular
On November 25, 2019, the U.S. Food & Drug Administration ("FDA") published a press release, published a revised Consumer Update, and announced the issuance of new warning letters to 15 companies for illegally selling and...more
12/2/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Enforcement Actions ,
FDA Warning Letters ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Interstate Commerce ,
Marijuana ,
Marijuana Related Businesses ,
Marketing ,
Product Labels
On October 31, 2019, the United States Department of Agriculture ("USDA") published its Interim Final Rule establishing the nation's Domestic Hemp Production Program, and providing regulations on testing, sampling, and the...more
The hemp and cannabidiol ("CBD") industries today face substantial uncertainty, and they lack clear Federal rules, regulations, and guidance within which governments and businesses can safely operate.
That dearth of...more
9/18/2019
/ Agricultural Sector ,
Cannabidiol (CBD) oil ,
Criminal Liability ,
Decriminalization of Marijuana ,
Department of Agriculture ,
Farm Bill ,
Hemp ,
Interstate Commerce ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses
Much of the regulatory "attention" regarding cannabidiol ("CBD") has been, understandably, focused on the U.S. Food and Drug Administration ("FDA").
Indeed, the FDA was the first federal regulatory agency to publicly...more
On August 26, 2019, the U.S. Drug Enforcement Agency (or "DEA") issued a public notice that formally – and, finally! – expresses the agency's acknowledgment that hemp and hemp-derived substances are legal and are not...more
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
7/23/2019
/ Agribusiness ,
Agricultural Sector ,
Cannabidiol (CBD) oil ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Interstate Commerce ,
Law Enforcement ,
Marijuana ,
Marijuana Cultivation ,
Probable Cause ,
Regulatory Oversight ,
State and Local Government
Hemp was decriminalized with the passage of the Agriculture Improvement Act of 2018, a.k.a. the "2018 Farm Bill."
While the 2018 Farm Bill decriminalized hemp and distinguished it from marijuana, it did not resolve all...more
Effective June 6, 2019, the United States Postal Service (USPS) revised its rules and regulations to provide new mailing standards for hemp and products derived from hemp – identified by the USPS as "Hemp-based...more
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
6/7/2019
/ Agricultural Sector ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Interstate Commerce ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Public Comment ,
Public Hearing ,
Regulatory Oversight ,
USDA
The cannabidiol ("CBD") industry is exploding today.
Hemp and hemp-derived CBD were classified as Schedule I controlled substances under the Controlled Substances Act of 1972 ("CSA") until the passage of the Agriculture...more
5/14/2019
/ Alcohol Beverage Control ,
Beverage Manufacturers ,
Breweries ,
Cannabidiol (CBD) oil ,
COLA ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Enforcement Actions ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Hemp ,
Interstate Commerce ,
Marijuana ,
Marijuana-Infused Edibles ,
Schedule I Drugs ,
TTB ,
Wine & Alcohol