Canna Law Blog

DECEMBER 6, 2019

Last month, Nathalie Bougenies and I put on a webinar on the US Department of Agriculture’s (“USDA”) new interim hemp rules. It’s also likely that most states will implement procedures to allow current licensed producers to transition to the 2018 Farm Bill. Must a separate entity be formed?

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Hemp Agriculture CBD Programs 54

Cannabis Law Report

MAY 24, 2022

A pilot program that began following the Industrial Hemp Bill in 2015 and led to industrial hemp being removed from the state Controlled Substances Act in 2018 was set to expire July 1 if no further action was taken.

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Hemp Legislation Programs Agriculture 52

Canna Law Blog

JULY 31, 2020

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.

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Hemp Agriculture Cultivation Law 56

Cannabis Law Report

APRIL 20, 2022

9-THC (the substance codified as “marihuana” by the federal Controlled Substances Act), have raised questions regarding these products’ legality under federal and state law. Since the 2018 Farm Bill became law, products containing Delta-8 THC and Delta-10 THC have become popular. Delta-9 THC. Delta-9 THC. Delta-9 THC.

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Canna Law Blog

MARCH 19, 2019

Those posts, however, were more geared towards the manufacture and sale of hemp-derived cannabidiol (“Hemp CBD”) products than the actual cultivation of hemp, which is becoming an increasingly important topic in the hemp industry in the wake of the federal Agricultural Improvement Act of 2018 (or “2018 Farm Bill”).

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Cultivation Hemp Agriculture Food 74

Canna Law Blog

JANUARY 3, 2023

2018 Farm Bill. In 2018, the federal government legalized hemp and all of its derivatives, including CBD, with the passage of the Agriculture Improvement Act of 2018 (better known as the “ 2018 Farm Bill ”). The 2018 Farm Bill didn’t regulate CBD though. States do their own thing.

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CBD Food Clinical Trials Pets 75

Canna Law Blog

FEBRUARY 22, 2019

Earlier this week, I wrote about how hemp businesses should not yet rely on the 2018 Farm Bill to protect them from their products being seized. As such, the cultivation of hemp is still governed by the 2014 Farm Bill, which allows state departments of agriculture to license the cultivation of industrial hemp.

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Hemp Agriculture Cultivation CBD 93

Canna Law Blog

FEBRUARY 2, 2020

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. Apparently, that’s how the state wants to continue to operate.

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Hemp CBD Agriculture Cultivation 103

Cannabis Law Report

AUGUST 12, 2022

According to Law360, AK Futures – which sells the popular “Cake”-branded delta-8 THC vaporizers – won its latest court fight when a federal judge again ruled that hemp-based products are protected under federal copyright laws because hemp was legalized in 2018. In the case, U.S. and A1 Wholesale Supply Co., Delta-9 THC.

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THC DEA Hemp Vaping 52

Canna Law Blog

JUNE 14, 2020

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. Act 68 , which revised the state laws to align with the 2018 Farm Bill.

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Hemp CBD Research and Development Packaging 52

Canna Law Blog

MARCH 29, 2020

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. Today we turn to South Carolina.

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Hemp CBD Agriculture Food 54

Canna Law Blog

MAY 4, 2020

Last year, the United States Patent and Trademark Office (USPTO) issued Examination Guide 1-19 : Examination of Marks for Cannabis and Cannabis-Related Goods and Services After Enactment of the 2018 Farm Bill. The Agricultural Improvement Act of 2018, Pub. Trademark Act.” For hemp goods to be eligible for U.S. 801 et seq.

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Hemp CBD Topical Agriculture 53

Cannabis Law Report

JULY 26, 2021

That being said, the Agriculture Improvement Act of 2018, dubbed the “Farm Bill”, expressly carved out “tetrahydrocannabinols in hemp.” Is Delta-8 legal under state law? Many states have explicitly banned Delta-8 THC products as opposed to relying on the apparent exclusion in the definition of hemp.

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THC Agriculture Hemp Extraction 105

Canna Law Blog

MAY 21, 2019

Earlier this month, the United States Patent and Trademark Office (USPTO) issued Examination Guide 1-19 : Examination of Marks for Cannabis and Cannabis-Related Goods and Services After Enactment of the 2018 Farm Bill. The Agricultural Improvement Act of 2018, Pub. Trademark Act.” 801 et seq. 301 et seq (FDCA).

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Hemp Agriculture Food Pets 62

Cannabis Law Report

DECEMBER 14, 2019

Because federal law prohibits the distribution and sale of marijuana, the 2014 Guidance clarified that financial transactions involving marijuana-related businesses (even those properly licensed under state law) would generally involve funds derived from illegal activity, which would typically trigger a SAR filing. 115-334, H.R.

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Hemp Business Banking Agriculture 59

Cannabis Law Report

FEBRUARY 26, 2019

Big Sky claims that the plants are hemp, that hemp is now legal since the passage of the Agricultural Improvement Act of 2018 (“2018 Farm Bill”), and that the 2018 Farm Bill protects the interstate commerce of hemp. The 2018 Farm Bill authorizes states and the U.S.

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Agriculture Hemp Sativa Compliance 45

Canna Law Blog

SEPTEMBER 1, 2019

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 state legislature considered House Bill 122 earlier this year.

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Hemp CBD Seed-To-Sale Cultivation 69

Canna Law Blog

APRIL 19, 2020

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.

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Hemp CBD Retail Agriculture 53

Cannabis Law Report

JULY 28, 2021

Prior to December of 2018, hemp and all hemp-derived substances (including cannabidiol or CBD) were considered to be a form of “marijuana,” subject to the federal government’s most restrictive regulation under Schedule I of the Controlled Substances Act of 1970 (CSA). Department of Agriculture. All rights reserved.

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THC Hemp CBD Cannabinoids 105

Canna Law Blog

JULY 5, 2020

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. States are (mostly) consistent when it comes to hemp production.

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Hemp CBD Seed-To-Sale Agriculture 66

Canna Law Blog

FEBRUARY 9, 2019

. State trademarks for cannabis goods and services have been an ongoing saga in California that we have written about extensively. As we’ve written before, it is not permissible to use an organic designation on cannabis products unless that designation is pursuant to state law or pursuant to a private certification, since the U.S.

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Legislation Agriculture Food Programs 65

Cannabis Law Report

AUGUST 23, 2022

The debate surrounding delta-8 THC and the proper regulation of intoxicating hemp products has accelerated greatly over the last several months, fueled by multiple court decisions, federal policy actions, and new state laws. Under the Controlled Substances Act and the 2018 Farm Bill, any part of the Cannabis Sativa L.

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Hemp DEA THC Concentrates 52

Canna Law Blog

FEBRUARY 25, 2019

As we previously explained , alcoholic beverages are regulated by federal and state laws. Cannabis is heavily regulated at the state level but unlike alcohol, it is—for the most part—strictly prohibited under federal law.

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CBD Seed-To-Sale Legalization Hemp 86

Cannabis Law Report

NOVEMBER 22, 2019

The most recent federal law to address potential legal uses of cannabis/CBDderived goods is the Agriculture Improvement Act of 2018, colloquially known as the 2018 Farm Bill. Signed into law on December 20, 2018, the 2018 Farm Bill formally acknowledges that hemp, defined as the plant “Cannabis sativa L.

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CBD Sativa Pets Food 59

Cannabis Law Report

FEBRUARY 25, 2019

PUBLISHER: CANNABIS LAW REPORT. In the early months of 2019, and after the recent passage of the 2018 Farm Bill, an increasing number of state and municipal agencies continue to pay close attention to hemp-derived CBD products, in some cases leaving products under siege by regulators. AUTHOR: Darren Kaplan; Garrett Graff.

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CBD Food Compliance Compliance 71

Cannabis Law Report

JUNE 11, 2019

Hemp growth programs took root in four different states, expanded in two states, and legislation awaits the governor’s signature in another state in the month of May. Below is a review of the latest changes in the hemp listed by state. CONNECTICUT. Established a hemp growth program. Established a hemp growing program.

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Hemp Food Retail Legislation 40

Cannabis Law Report

FEBRUARY 8, 2020

Department of Agriculture (USDA) today announced the availability of two programs that protect hemp producers’ crops from natural disasters. The 2018 Farm Bill allows for buy-up levels of NAP coverage from 50 to 65 percent of expected production in 5 percent increments, at 100 percent of the average market price. Press Release.

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Programs Hemp Seed-To-Sale Agriculture 59

Cannabis Law Report

OCTOBER 15, 2021

Outside of this framework, any product added to food is regulated by the California Department of Public Health’s (CDPH’s) Food and Drug Branch under the Sherman Law – the state version of the Federal Food, Drug, and Cosmetic Act (FD&C Act). The 2018 Farm Bill, however, explicitly preserved FDA’s authority over hemp products.

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Food Cannabinoids Hemp Legalization 52

Canna Law Blog

DECEMBER 24, 2019

Banking regulators recently clarified (including for credit unions ) that financial institutions should have no issue banking lawful hemp businesses pursuant to the 2018 Farm Bill. Department of Agriculture (“USDA”) interim regulations for state and tribal hemp cultivation plans under the ’18 Farm Bill.

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SpeedWeed

MARCH 11, 2021

Although all hemp-derived cannabinoids, including hemp-derived Delta-8 THC, seem to fall squarely within the definition of hemp enacted under the Agriculture Improvement Act of 2018 (the “ 2018 Farm Bill”) , uncertainties remain regarding the federal legality of cannabinoids like Delta-8 THC that are derivatives of other hemp-derived cannabinoids.

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THC Business DEA Cannabinoids 52

Canna Law Blog

FEBRUARY 26, 2019

This provisional licensing scheme was essentially intended to replace the temporary licensing scheme that only ran through January 1, 2019 per state law. As noted above, and as most readers of this blog are probably aware, the temporary license scheme ended in late 2018.

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Cannabis Agriculture Compliance Compliance 61

Cannabis Law Report

MAY 25, 2019

When the President signed the 2018 Farm Bill in December, which legalized industrial hemp for all intents and purposes, the federal government permanently removed industrial hemp from the Controlled Substances Act (CSA), resolving any lingering doubts. As such, it is critical that people understand that hemp is not marijuana.

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Hemp Law Legalization State Laws 40

Cannabis Law Report

FEBRUARY 4, 2019

In the December 2018 Farm Bill, the federal government removed CBD (and industrial hemp and all cannabis derivatives with less than 0.3% But that is not the end of the story, as the FDA continues to regulate CBD products through enforcement of the Food, Drug & Cosmetic Act, and state governments also have restrictions.

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Hemp CBD Legalization Food 40

Cannabis Law Report

FEBRUARY 13, 2019

HB 4089, sponsored by a slew of state representatives and state senators, would provide for the State Department of Agriculture to administer and enforce Oregon’s Industrial Hemp Agricultural Pilot Program. As expected, the bill explains that industrial hemp must contain less than.3%

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Law Agriculture Consumption Events 58

Cannabis Law Report

AUGUST 11, 2022

The subcommittee on cannabinoid products focuses on three issues: (1) new licensing and testing requirements for adult use cannabinoid products, (2) curtailing sales of cannabinoid products to minors, and (3) changes to state laws regulating hemp products.

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Cannabinoids Legislation Hemp Safety 52

Canna Law Blog

SEPTEMBER 4, 2019

If you’ve been following the hemp scene in Washington state, you know it’s been a bit of a roller coaster. The latest “drop” comes in the form of an August 1 memo from the Washington State Department of Agriculture (“WSDA”) titled Restrictions on the use of hemp CBD as a food ingredient.

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Food Hemp CBD Seed-To-Sale 85

Canna Law Blog

SEPTEMBER 11, 2019

It doesn’t necessarily require city or county permitting, but instead requires that commercial cultivators file simple registration forms with county agricultural commissioners and pay a pretty nominal fee. The CIHFA is not really geared towards the easy creation of a social equity program for hemp farmers.

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