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State AG Pulse | “Don’t Mess With Our Health or Our Kids!”
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2024 was a banner year for cannabis lawmakers and business operators. From Kamala Harris advocating for marijuana reforms to California’s clash of titans between hemp and marijuana markets, there was no shortage of drama in...more
Supporters of hemp-derived cannabidiol (CBD) who hoped the Food and Drug Administration would adopt a more progressive view of CBD were disappointed when FDA Chief Robert Califf recently testified that FDA does not consider...more
In the prepublication version of today’s Federal Register, the U.S. Drug Enforcement Agency (DEA) issued an interim final rule (IFR) implementing conforming changes to DEA’s regulations as a result of the Agricultural...more
Last week, FDA submitted a report to Congress detailing the Agency’s progress on developing an enforcement discretion policy (i.e., a policy of not taking enforcement action) on hemp-derived cannabidiol (CBD). At the same...more
Seyfarth Synopsis: As we reported here, the CBD (cannabidiol) craze is sweeping the nation. By 2022, it is expected to be a $22 billion per year industry. That said, if a CBD product has a concentration of more than 0.3% of...more
A bipartisan bill was introduced in the U.S. House of Representatives on January 13, 2020, that (1) would allow hemp-derived cannabidiol (CBD) to be regulated as a dietary supplement, if all of the other applicable...more
LEGISLATION, REGULATIONS & STANDARDS - CBD Explodes In Popularity But Hits Regulatory Wall - Following the passage of the 2018 Farm Bill, which legalized the cultivation of hemp, cannabidiol (CBD) became the star...more
Federal bank regulators no longer require banks to submit suspicious activity reports (SARs) for legally authorized hemp business transactions, absent another required circumstance....more
On December 3, 2019, four federal agencies – the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation (“FDIC”), the Financial Crimes Enforcement Network (“FinCEN”), and the Office of the...more
Since the effective date of the 2018 Farm Bill, banking and the inability to acquire financing have been major impediments for the hemp industry. While demand for hemp continues to grow, banking regulations have still been...more
Hemp production is a large and growing industry in the United States. Even before Congress’ passage of the Agriculture Improvement Act of 2018 (better known as the 2018 Farm Bill), the Hemp Business Journal estimated that...more
Hemp and cannabidiol (CBD) products are dominating the airwaves and the marketplace, and North Carolina has been at the forefront, ranking sixth in the nation in acres of hemp produced in 2018. Many predict that the market...more
Seyfarth Synopsis: CBD is “thriving” in the current regulatory environment, but is it doing so illegally? As former U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb opined last week, “the CBD craze is...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
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
• The 2018 Farm Bill, enacted nearly four months ago, included a provision that was designed to legalize industrial hemp on a broad scale. However, there are several caveats and lingering uncertainties for companies that are...more
On December 20, 2018, President Trump signed into law the Agricultural Improvement Act of 2018 (the “2018 Farm Bill”) to replace the expiring 2014 Farm Bill. The 2018 Bill, which passed with strong support in both the House...more
Introduction: FDA to Hold Public Hearing - The U.S. Food and Drug Administration (FDA) recently announced it will hold a public hearing on May 31, 2019. This important hearing presents an opportunity for consumers,...more
Late last month, two major retailers announced that they will begin selling cannabidiol (CBD)-containing topical products in stores across multiple states. These announcements represent another important development following...more
On May 31, 2019, the Food and Drug Administration (FDA) will hold a public hearing on cannabis products. The hearing seeks to obtain scientific data on cannabis and cannabis-derived compounds, along with additional...more
Yesterday, Senators Brent Jackson (R-Sampson), Norman Sanderson (R-Pamlico) and Todd Johnson (R-Union) introduced S.B. 315 (the “North Carolina Farm Act of 2019”), a bill to create the North Carolina Hemp Commission. The...more
The 2018 Farm Bill may have laid the groundwork for getting CBD products on the shelves. On Oct. 27, 2018, the New York Times ran an article with the headline Why is CBD Everywhere?, noting that products infused with...more
On December 12, 2018, President Trump signed the Farm Bill removing hemp from the list of controlled substances and making it federally legal to grow and sell hemp. Hemp comes from the same cannabis plant that produces...more
Despite the December passage of the 2018 Farm Bill, the legal status of hemp cultivation and transportation across the United States remains murky....more
• The U.S. Department of Agriculture (USDA) has provided some limited but important clarity on the road ahead for the legalization of industrial hemp production, although some questions still remain. • The USDA will host...more