News & Analysis as of

Agricultural Sector Controlled Substances Act

Goodell, DeVries, Leech & Dann, LLP

The 2018 Farm Bill’s Effect on State Cannabis Laws

Whether you practice full time as a cannabis attorney, dabble in cannabis law, or are simply interested in the evolving federal views and laws on marijuana, you may have caught wind that the federal Agriculture Improvement...more

Lowenstein Sandler LLP

Historic Shift in U.S. Drug Policy: DEA Proposes to Reclassify Marijuana

The U.S. Drug Enforcement Administration (DEA) is on the brink of reclassifying marijuana, marking a watershed moment in American drug policy. For decades, marijuana has been classified as a Schedule I drug, alongside...more

Husch Blackwell LLP

Hemp Production on the Upswing – Is Intoxicating Hemp the Main Driver?

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Earlier this year, hemp was included in the USDA’s Census of Agriculture. When hemp was first legalized in 2018, there was a boom in production under the fervor of new opportunities, spearheaded by the demand for CBD...more

Husch Blackwell LLP

All the Outcomes of a Marijuana Reschedule

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Between LinkedIn, Twitter, the media, and diehard marijuana investors, there is more noise and froth in the industry about a marijuana reschedule than I’ve seen since Washington and Colorado legalized it back in 2012. When...more

Amundsen Davis LLC

Historic Cannabis Rescheduling on the Horizon? It's Up to the DEA Now

Amundsen Davis LLC on

In October of 2022, the Biden Administration started an official cannabis policy review process, which began with granting pardons to all people convicted of simple cannabis possession under federal law. At the time, this was...more

McGlinchey Stafford

To Put It Bluntly, the Federal Judiciary’s Inconsistent Approach to the Cannabis Industry Is (Reefer) Madness

McGlinchey Stafford on

We often look to the federal judiciary as the gold standard of American jurisprudence. State courts frequently find federal opinions persuasive. Confirmation hearings for federal judges are televised. Indeed, the federal...more

Vicente LLP

Will the 2023 Farm Bill Address Hemp Industry Pain Points and Public Safety Concerns?

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The 2018 Farm Bill, which legalized the cultivation and possession of hemp at the federal level by removing it from the list of controlled substances, is set to expire in September 2023 (the Farm Bill expires and is updated...more

Kaufman & Canoles

Forecasting the 2023 Farm Bill and the Potential Impact on the Hemp Industry

Kaufman & Canoles on

It is hard to believe that almost five years have passed since the 2018 Farm Bill (or The Agricultural Improvement Act of 2018, if you want to be formal) legalized industrial hemp and revolutionized an entire industry. Since...more

Benesch

Ohio House of Representatives Passes Bill Regulating the Processing and Sale of Kratom Products

Benesch on

House Bill 236, which has passed the Ohio House of Representatives, would regulate the processing of kratom and the sale of kratom products in Ohio. With House Bill 236’s enactment, Ohio would become the sixth state to...more

Kaufman & Canoles

North Carolina Eliminates Hemp Pilot Program

Kaufman & Canoles on

After more than four years in operation, the North Carolina Industrial Hemp Pilot Program will be eliminated at the end of 2021. The decision, announced in August, will also wrap up operations for the North Carolina...more

Bradley Arant Boult Cummings LLP

Weeding Out Claims by Agricultural Workers – The NLRA, the Agricultural Exemption, and the Cannabis Industry

In a recent Advice Response Memo, the National Labor Relations Board (NLRB) indicated that employees of a cannabis growing operation were exempt from the National Labor Relations Act (NLRA), meaning that the employees were...more

Bradley Arant Boult Cummings LLP

USDA Publishes Important Final Rule for the Domestic Production of Hemp

On Friday, the USDA published a long, long awaited Final Rule regulating the production of hemp in the United States. The Final Rule, which arrives more than two years after Congress first allowed for the widespread...more

Womble Bond Dickinson

DEA Interim Final Rule on Hemp Draws Fire; Public Comment Period Ends 10/20/20

Womble Bond Dickinson on

The DEA published an interim final rule (IFR) late last week conforming its own regulations to meet Congress’ 2018 de-criminalization of hemp. The Agriculture Improvement Act of 2018 (the “2018 Farm Bill”) removed hemp from...more

ArentFox Schiff

EPA Approves New Crop Protection Tools for Hemp Farmers

ArentFox Schiff on

This new action by EPA follows its Federal Register notice in August 2019, announcing receipt of 10 applications seeking to expand the permitted use of previously-registered pesticides to include hemp. Although not required...more

Eversheds Sutherland (US) LLP

Federal agencies clarify SAR filing requirements for financial services provided to hemp-related businesses

On December 3, 2019, four federal agencies, in consultation with state banking regulators, clarified the legal status of hemp growth and production under the Bank Secrecy Act (BSA) for banks providing financial services to...more

Foley & Lardner LLP

INSIGHT: New USDA Hemp Rule May Propel Production Around the Country

Foley & Lardner LLP on

The USDA’s interim final rule on hemp provides needed clarity and certainty around its legal production. At the same time, producers must ensure they are not running afoul of state or tribal requirements. Foley & Lardner LLP...more

Maynard Nexsen

NC Legislative Update: November 2019 #2

Maynard Nexsen on

The House and Senate both returned to Raleigh this week for a three-day session, pursuant to the adjournment resolution passed last month. The session was restricted to only addressing redistricting matters, appointments,...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

Woods Rogers

Part 2: United States Department of Agriculture Publishes Interim Final Rule on Domestic Hemp Production

Woods Rogers on

Part II - This article is the second in a three-part series discussing the United States Department of Agriculture’s (USDA) Interim Final Rule on the establishment of a domestic hemp production program recently published...more

Maynard Nexsen

USDA Releases New Rules on Hemp Production

Maynard Nexsen on

The United States Department of Agriculture (USDA) recently took another step towards expanding the industrial hemp market in the United States by releasing their interim final rules labeled Establishment of a Domestic Hemp...more

Rumberger | Kirk

A Win for Cannabis Industry Workers

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On September 20, 2019, the United States Court of Appeals for the Tenth Circuit ruled in Robert Kenney v. Helix TCS, Inc. that the Fair Labor Standards Act (FSLA) applies to workers in the cannabis industry. This is a...more

Dorsey & Whitney LLP

USDA Releases Interim Rules for Domestic Hemp Production

Dorsey & Whitney LLP on

On October 29, 2019, the US Department of Agriculture (the “USDA”) issued interim rules for the domestic production of hemp and requested comments on the rules over the next 60 days. The rules provide minimum requirements for...more

ArentFox Schiff

New USDA Rule Provides Much-Needed Clarity to US Hemp Industry — Particularly on THC Testing — But Questions Remain

ArentFox Schiff on

On October 31, 2019, the US Department of Agriculture (USDA) published its eagerly anticipated interim final rule governing the domestic production of hemp, pursuant to the Agriculture Improvement Act of 2018 (commonly...more

Bradley Arant Boult Cummings LLP

USDA Issues Long-Awaited Interim Hemp Rule to Implement Farm Bill - Cannabis Industry News Alert

After 10 months of anticipation from the American hemp industry, on October 31, the United States Department of Agriculture (USDA) published its interim final rule (Rule) establishing the regulatory framework for hemp...more

Miller & Martin PLLC

USDA Releases Interim Rules on the Production of Hemp

Miller & Martin PLLC on

On October 29, 2019, the United States Department of Agriculture (the “USDA”) released interim rules for the Establishment of a Hemp Production Program that went into effect on October 31, 2019....more

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