Last week the Drug Enforcement Administration (DEA) issued a bad interim hemp rule. I wrote that it was dangerous because I viewed it as making most hemp processing activities illegal if, at any point in processing hemp, the level of delta-9 THC increases beyond 0.3%– even if the hemp was remediated before it left the
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
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
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
State legal cannabis businesses are used to the specter of the federal government in the rear view mirrors of their lives and businesses. Unless you’ve been living under a rock, you know that cannabis remains federally illegal. And it’s not so much the case anymore that the Drug Enforcement Administration (DEA) or Department of Justice
This is the second post in a two-part series. The first is available here. Last week, the Food and Drug Administration (FDA) submitted a CBD enforcement policy to the White House. We do not yet have the text of that document but we anticipate that it will have a significant impact on hemp-derived CBD (Hemp
