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
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
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 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
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
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
This week, we attended the Industrial Hemp Summit in Danville, VA.
The quality of the event, the information shared, and the people in attendance were incredible. Although the topics of discussion and educational materials...more
2/28/2019
/ Agricultural Sector ,
Cannabidiol (CBD) oil ,
Crop Insurance ,
Decriminalization of Marijuana ,
Farm Bill ,
Financial Services Industry ,
Food and Drug Administration (FDA) ,
Hemp ,
Marijuana ,
Marijuana Cultivation ,
Regulatory Oversight
The Agriculture Act of 2018 legalized hemp and hemp-derived cannabidiol, or "CBD," on the Federal level by removing both substances from the definition of "marijuana" under the Controlled Substances Act of 1972.
But, that...more
So you brew beer? Cool.
So you want to brew a beer with cannabidiol? Even cooler. Don’t know what cannabidiol is? That's ok. You probably know it as "CBD" – the highly popular cannabinoid that was recently legalized by...more
2/5/2019
/ Breweries ,
Cannabidiol (CBD) oil ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Safety ,
Hemp ,
Intellectual Property Protection ,
Marijuana-Infused Edibles ,
Nutrition Facts Labels ,
Regulatory Oversight ,
Trademarks ,
TTB ,
Wine & Alcohol
Hemp has wide commercial application and appeal with a viable market for nearly every part of the plant, from the seeds, to the roots, to the flower.
And with the passage of the Agriculture Improvement Act of 2018 (the...more
On Thursday, December 20, President Donald J. Trump signed into law the Agriculture Improvement Act of 2018 ("Farm Bill").
"Farm bills" are adopted by Congress from time to time to reauthorize and modify USDA programs that...more
As we have written before, the legal world of cannabis-derived products is dynamic and uncertain.
The current uncertain environment was born in the wake of legalization for medical or recreational marijuana in a handful of...more
We've previously published articles about industrial hemp and the excitement and curiosity it continues to garner as a cash crop in North Carolina.
That trend continues to develop, and recently there have been several...more
While relatively new to North Carolina's farm economy, industrial hemp is gaining traction as a promising cash crop.
Interest and acceptance are growing among market participants, both inside and outside of our state. The...more
6/4/2018
/ Agricultural Sector ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Emerging Markets ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Hemp ,
Manufacturers ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
State Pilot Programs