On Friday, the Drug Enforcement Administration (“DEA”) released an Interim Final Rule (the “Rule”) that, as we discussed, threatens the hemp industry by treating partially processed hemp extract not intended for consumption (also known as “intermediary hemp”) as a Schedule I controlled substance. This is hugely problematic because intermediary hemp is an essential and necessary
The Drug Enforcement Administration (DEA) issued an interim final rule on hemp (“DEA hemp rule” or “rule”) on August 20, 2020. As per the DEA’s own executive summary, the rule “merely conforms DEA’s regulations to the statutory amendments to the [Controlled Substances Act (CSA)] that have already taken effect, and it does not add additional
After we discussed TCPA claims in our last webinar, we received a few follow-up questions relating to the somewhat recent Supreme Court decision in Barr v. American Ass’n of Political Consultants (“Political Consultants”) and its impact on TCPA claims going forward. Here’s the deal: Political Consultants is not really going to have an effect on
Last summer I wrote about a ruling by the Second Circuit concerning a lawsuit filed by five persons challenging marijuana’s status as a schedule I drug under the Controlled Substances Act (“CSA”). The lawsuit asked the federal courts to rule that marijuana’s status as a schedule I drug is unconstitutional under the Due Process Clause
It’s been a while since we’ve discussed the status of hemp-derived cannabidiol (CBD) in the Golden State, and unfortunately, it may be a while before we have finality on its legal status. The bulk of the issues that the state faces today go back more than two years and amazingly, still have not been solved.
Over the years, we’ve pointed out when federal agencies opt to ignore the federal illegality of cannabis. It happens more often than you might think depending on the topic (see, for example, the NLRB). One agency, though, that has surprisingly never lifted a finger against state-legal cannabis–though it is taking a closer look at CBD–is
The California legislature is considering a new law (AB-1639) that, if passed, would restrict how cannabis vape products are made and sold. AB-1639 would change California law for tobacco and cannabis businesses (for the purposes of this post, we’ll just focus on the cannabis side of the law), and would effectively prohibit almost any kind
Congratulations to Senator Kamala Harris, Joe Biden’s V.P. pick. Harris will become the first Black woman and the first person of Indian descent to be nominated for national office by a major party. It’s a huge accomplishment. It could also impact the race significantly in the coming weeks and months. What would a Vice President
For the past eighteen months, hemp stakeholders have been begging the federal government to regulate the hemp-derived cannabidiol (“Hemp CBD”) industry. As of date, the Food and Drug Administration (the “FDA”) has received over 4,000 comments from shareholders on the safety, manufacturing, product quality, marketing, labeling, and sale of Hemp CBD products. There is no doubt that a
The 2018 Farm Bill removed hemp from the Controlled Substances Act did not affect or modify the Federal Food, Drug, and Cosmetic Act (“FDCA”) or the Food and Drug Adminstration’s (“FDA”) ability to promulgate regulations and guidelines that relate to hemp under. The FDA regulates a wide variety of medical and consumer products sold in
