canna law blog

Protection of Adult-Use Cannabis from Federal Enforcement Passes House in Resounding Bipartisan Vote

On Thursday, the United States House of Representatives voted 267-165 to prohibit the United States Department of Justice from using appropriated funds to interfere with state-legal cannabis programs. The Rohrabacher-Farr Amendment (a.k.a. the Hinchey–Rohrabacher, Rohrabacher-Blumenauer, and Joyce Amendment) has provided similar protection to state-legal cannabis programs over the past decade, but only to medical programs.

canna law blog

Oregon Hemp: ODA’s New “Total THC” Standard is a KEY Operations and Contract Issue

In the past few months, many of our Oregon hemp clients have asked us to clarify the testing requirements imposed by the Oregon Department of Agriculture (“ODA”). Unlike other jurisdictions that only test for tetrahydrocannabinol (“THC” or “delta-9 THC”) concentration, the ODA rules provide that any industrial hemp product sold to consumers must contain no

canna law blog

Hemp-CBD Across State Lines: Alabama

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

canna law blog

Notes on the First Public FDA Meeting on CBD

Last Friday, May 31, the Food and Drug Administration (“FDA”) held its first public meeting during which stakeholders shared their perspective on how to regulate cannabidiol (“CBD”)-infused products. The objective of the meeting was to gather scientific data and information about the safety, manufacturing, product quality, marketing, labeling and sale of these products. As we

canna law blog

TSA (Sort of) Allows (Some) Hemp-CBD Products on Flights

In the past few months, our team has been quoted in several magazines and online publications on the risks of traveling with CBD products. These media inquiries resulted from repeated arrests of travelers in possession of CBD oil at the Dallas/Fort Worth International Airport (“DFW”). At the time of these arrests, the Transportation Security Administration

canna law blog

Take Your Hemp or CBD Company Public on the TSX

Banking, intellectual property, food and beverage (and cosmetics), international trade, domestic trade, state laws, ag production contracts, etc., etc. When it comes to industrial hemp, the 2018 Farm Bill upended all of these things. Our cannabis business lawyers have been busy advising a large number of new hemp and hemp-CBD businesses getting in on the

canna law blog

The TTB Clarifies Its Position on Adding CBD to Alcoholic Beverages

Last week, the U.S. Alcohol and Tobacco and Trade Bureau (“TTB”), which regulates the alcohol industry, released new information regarding the use of hemp-derived ingredients in the formulation of alcoholic beverages. The industry circular came as a response to numerous inquiries from the alcohol industry about whether alcoholic beverages containing cannabidiol (“CBD”) derived from hemp

canna law blog

Hemp Seed Ingredients: A Safe Path through the CBD Market?

As we previously explained, under the Food, Drug, and Cosmetic Act (“FDCA”), any substance that is intentionally added to food (including drinks) is a food additive. A food additive is subject to premarket review and approval by the Food and Drug Administration (“FDA”), unless the substance is generally recognized as safe (“GRAS”) by qualified experts

canna law blog

USDA Expressly Legalizes the Importation of Hemp Seed

Last Friday, the U.S. Department of Agriculture (“USDA”) released a statement, in which the agency clarified that the passage of the 2018 Farm Bill rendered the importation of hemp seeds legal. As we previously explained, the 2018 Farm Bill legalized hemp, hemp seeds, and other derivatives, by removing them from the Controlled Substance Act. Accordingly,

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