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The FDA Continues to Show It Is Not Interested in Regulating Hemp-Derived Products

Last week, the Food and Drug Administration (the "FDA") maintained its strict and narrow position on the legality of cannabidiol ("CBD") by rejecting two new dietary ingredient (“NDI”) notifications submitted by Charlotte’s Web and Irwin Naturals. Both companies sought agency clearance to market their full-spectrum hemp extract as "dietary supplements." In its letters to these

Smokable Hemp Texas

Smokable Hemp: Hemp Companies Partially Successful in Challenge to Smokable Hemp Ban

Just a few days ago the Texas Court of Appeals published an opinion concerning smokable hemp. Before getting into the ruling, let’s review what happened in Texas after enactment of the 2018 Farm Bill. In 2019, the Texas Legislature enacted statutory provisions regulating certain hemp products. Among the statutes was a law prohibiting any state

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Washington Cannabis: LCB Bans Conversion of CBD into Delta-9 THC

On July 22, the Washington State Liquor and Cannabis Board (“LCB”) issued a notice of adoption of an interpretive statement (the “Notice”) in which the agency clarified authorized practices for marijuana processor licensees. The Notice stipulates that licensed marijuana processors cannot legally convert cannabidiol (“CBD”) into delta-9 THC because their license privileges do not allow

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Oregon’s New “THC in Milligrams” Limit

Earlier this month, Oregon Governor Kate Brown signed into law HB 3000, an omnibus bill covering a wide range of hemp-related issues. Unlike other cannabis bills passed last session, HB 3000 was written to take effect on passage, so it is now law. One of the important HB 3000 terms is a restriction on the sale

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FY22 Agriculture Appropriation Bill: A Good Omen for the Hemp Industry

On June 29, the House Appropriations Committee (the Committee) released the draft of the fiscal year 2022 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies funding bill (the FY22 Agriculture Appropriations Bill), along with its Committee Report, in which it offers some promising provisions and instructions that would greatly benefit the hemp industry.

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Hemp Industries Association Urges Regulation, Not Prohibition, of Delta-8 THC

For the past year, my colleagues and I have written extensively on the murky legality of Delta-8 tetrahydrocannabinol (THC). We have covered everything from the Drug Enforcement Administration (DEA)’s position on “synthetically derived THC” to the growing number of state bans. You can read more on these issues here: R.I.P Delta-8 THC DEA Interim Final

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Is California Going to Ban Delta-8 THC?

For a state that pioneered medical cannabis and was a relatively early adopter of recreational cannabis (cannabis is defined only as marijuana here and not hemp), California is among the worst states in the union when it comes to sensible hemp-derived CBD policy. So it should surprise absolutely nobody that in legislation that's designed to

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