CBD and Hemp Legal and Regulatory Roundup – February 2021 #4

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Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news:

CBD

New York opens licensing under Cannabinoid Hemp Program

New York officials opened the licensing application process in the Cannabinoid Hemp Program, the state’s attempt to set a wide range of rules to guide development of the CBD sector. The licenses are required under new rules for CBD adopted by the state last year that set standards for making, selling and labelling CBD and its byproducts. Hemp Today

Report claims less than 25% of CBD topicals contain the amount of CBD labeled

Leafreport, together with Canalysis Laboratories, tested 40 CBD topicals, 31 of which contained the wrong amount of CBD; the amount of CBD found in the products ranged from 12% to 99% versus what was on the label. Only nine of the 40 tested topical products had CBD levels within 10% of the label, which is required for an A rating. Eleven of the products received the worst rating for being off 30% or more from the label, while 77.5% of the products contained more CBD than advertised.
LeafReport

NFL, players seeking research info on use of CBD for pain relief

The league and the NFLPA (National Football League Players Association) issued a formal RFI via the groups’ joint Pain Management Committee (PMC). They said they’re working to improve player health through evidence-based treatment of acute and chronic pain, and to facilitate research to better understand and improve potential alternative treatments. The goal is to understand what kind of studies might be possible, including the potential therapeutic role of medications and non-pharmacological interventions that are considered to be alternatives to opioids in routine pain management of NFL players. The group also wants to examine the impact of cannabis or CBD on athletic performance and the potential therapeutic role of medications and non-pharmacological interventions considered adjunctive to routine post-surgical orthopedic pain management in NFL football players. Nutra Ingredients

Hemp

State AG regulators support 1% THC in hemp

State agriculture departments overwhelmingly support increasing the THC limit for industrial hemp from 0.3% to 1%. A National Association of State Departments of Agriculture committee voted to adopt a policy amendment to support the change. Stephanie Smith, who manages Vermont’s hemp program, explained the change would provide greater flexibility and reduce the risks facing hemp farmers. The USDA received nearly unanimous negative feedback on the 0.3% THC cutoff for hemp, but only Congress can make the change. Politico Pro

Iowa opens hemp registrations

The state of Iowa’s Department of Inspections and Appeals announced registration for consumable hemp products will open March 3. Registration is required in Iowa for producers and sellers of hemp products, including CBD. Businesses are able to begin sales as soon as their registrations are approved. Hemp Today

CBP can’t block parts imports, hemp machinery company says

Keirton USA, which makes a tool called Twister Trimmer for harvesting hemp, hops and other crops, claimed U.S. Customs and Border Protection told the company its agents were unable to make an admissibility determination about whether to let Keirton import the device’s components from Canada. Keirton said that CBP has routinely permitted admission of the machine parts into the U.S. in the past nine years, with a few exceptions that had ultimately resulted in the federal agency deciding it could let the company have the parts. Last year, Keirton said 14 shipments of Twister Trimmer parts worth more than $1 million were seized by CBP agents who cited unlawful importation and drug paraphernalia provisions of federal law in taking the parts. Keirton sued, and at the end of 2020, the parties settled, with neither side admitting fault or liability and Keirton paying a $180,000 remission fee to get its shipments back. Law 360 (sub. req.)

Judge won’t block two Indiana hemp laws for CBD companies

An Indiana federal judge denied a bid to block a pair of state laws restricting the sale and distribution of smokable hemp, saying the laws were not preempted by the federal farm bill that legalized the crop. The judge wrote that the Hoosier hemp purveyors who brought the suit were unlikely to succeed on their claims that the Indiana statutes restricting hemp bud and hemp flower violated federal lawmakers’ intent. The judge wrote that the Seventh Circuit, in considering the hemp sellers’ claims, didn’t agree that Indiana laws criminalizing a narrow subset of hemp, “smokable hemp,” were in conflict with either the 2014 or 2018 Farm Bills. Law 360 (sub. req.)

S.D. House approves changes to low-THC hemp laws

The South Dakota House approved changes to the state’s still-untested laws on industrial hemp. The broad support was well beyond the two-thirds majority of 47 needed in the House to override a governor’s veto. Governor Kristi Noem defeated industrial-hemp legislation in 2019 with a veto the Senate couldn’t override. And while both sides found agreement last year, the program’s rules weren’t final until Dec. The proposed changes would allow industrial hemp to be grown in greenhouses and on outside plots as small as one-half acre. Kelo Land

Cannabis, hemp-derived products subject to Proposition 65 warning requirements in Calif.

As of Jan. 3, 2021, anyone offering for sale cannabis and hemp-derived products in Calif. must provide a Proposition 65 warning in accordance with current regulations, with limited exceptions. The state’s prior Proposition 65 requirement was limited to smokable cannabis. However, THC wasn’t a listed Proposition 65 chemical. As such, no warning was required for non-smokable cannabis products, including edibles or hemp-derived CBD products, until recently. Hemp Grower

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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