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Indiana Smokable Hemp Ban is Upheld (For Now)

The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) legalized hemp by removing hemp and its derivatives from the definition of marijuana under the Controlled Substances Act (“CSA”). The 2018 Farm Bill also provided a detailed framework for the production of hemp and directed the U.S. Department of Agriculture (“USDA”) to promulgate regulations and permitted

CBN

Is CBN a Controlled Substance? Yes. No. Maybe.

Earlier this year, we discussed the legality of lesser-known hemp-derived cannabinoids which appeared to be gaining success in the U.S. One of these promising cannabinoids is cannabinol (“CBN”). Put simply, CBN is a non-intoxicating cannabinoid that results from the degradation of THC. Because it is difficult, if not impossible, to grow CBN-rich strains of hemp,

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The Latest Report from the FDA Shows How Poorly It Has Handled CBD

On Wednesday, July 8, the Food and Drug Administration (FDA) sent Congress a report on the CBD marketplace. Last year, Congress mandated that the FDA report on hemp-derived CBD in appropriations legislation. You can find the report linked at the bottom of this article from Marijuana Moment, which also provides an overview of the report.

New FinCEN Hemp Banking Guidance

ICYMI: The New FinCEN Hemp Banking Guidance

Last week, the Financial Crimes Enforcement Network (FinCEN), issued new guidance (the "FinCEN Guidance") for financial institutions working with hemp-related businesses. The FinCEN Guidance centers on due diligence requirements as related to the Bank Secrecy Act (BSA). This guidance follows closely on the new National Credit Union Administration (NCUA) guidance for federally-chartered credit unions, which

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Hemp CBD Across State Lines: What You Need to Know

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp

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Credit Unions and Hemp: New Federal Guidance is Here!

Last week, the National Credit Union Administration (NCUA) issued new guidance (“Guidance”) for federally-chartered credit unions serving the hemp industry. All of us at Harris Sliwoski were excited to see the Guidance released: NCUA retained us last fall to advise the government on this project, and we have always represented credit union clients as to

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Hemp CBD Across State Lines: Wyoming

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp

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Hemp CBD Across State Lines: Wisconsin

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp

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Hemp CBD Across State Lines: West Virginia

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp

Not All CBD Health Claims Are Treated Equal

Not All CBD Health Claims Are Treated Equal

If you read this blog and keep a close eye on the cannabidiol (“CBD”) industry, you know that the Federal Trade Commission (“FTC”)  takes issue with advertising tools containing egregious, unfounded claims about the health benefits of CBD products. Yet, you might be surprised to read that the federal agency does not go after every

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