Federal Policy on Hemp CBD

Federal Policy on Hemp CBD Is Taking Shape: What Needs to Be Addressed?

This is the first post in a two-part series.  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 CBD) products. In anticipation of

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FDA Guidance on Cannabis Research: A Glimpse of What’s To Come for CBD Products?

On Tuesday, July 21, the Food and Drug Administration (“FDA”) released draft guidance for clinical research related to the development and manufacturing of cannabis-based drugs, which gained particular interest following the legalization of hemp in December 2018. Although the guidance does not cover other FDA-regulated  products, such as hemp-derived CBD (“Hemp CBD”)-infused foods and dietary

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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.

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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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How to Comply With CBD Laws in All 50 States

Lawyers are used to selling services. For the past year-and-a-half, we have been selling a product as well. That product is an exhaustively researched and continuously updated 50-state survey of Hemp CBD rules and regulations. The survey is broken down by category: ingestible, smokable and cosmetic CBD products. Before we get too far into how

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CBD Claims: Federal Enforcement Actions Are No Longer Limited to Warning Letters

The online sales of cannabidiol (“CBD”), including hemp-derived CBD products, have ramped up in response to the coronavirus (“COVID-19”) pandemic. Regrettably, during these uncertain times, a handful of CBD companies have been taking advantage of people’s fear and anxiety over the spread of the virus, making certain claims that CBD can treat and even cure

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The FDA Continues to Chase CBD Companies

We advise many of our clients, and particularly our clients the CBD and skincare spaces, on how to navigate the complex state and federal regulations that apply to marketing and labeling their products. And one of the persistent concerns we address from clients in this industry is how to run a compliant business that does

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The FDA Crackdown on Coronavirus Medical Claims: CBD Companies, Take Note!

Unfortunately, in times of crisis and hardship there will always be companies attempting to take advantage of people, playing off of fear and desperation. Earlier this month, the FDA sent out a round of warning letters to companies that were selling fraudulent COVID-19 products. We’ve written extensively about what CBD companies should not do if

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Hemp CBD Across State Lines: South Carolina

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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