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Hemp Litigation: DEA Sued Again

Canna Law Blog

The Canna Law Blog has been writing about the Drug Enforcement Agency’s (DEA) interim final rule (IFR) on hemp since its August publication in the Federal Register: Watch Out! The DEA Just Passed a BAD Interim Rule Impacting Hemp CBD and Other Cannabinoids. The DEA Does Not Want You To Worry About Its New Hemp Rule.

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The Hemp Industry Responds to the DEA Rule With a Lawsuit

Canna Law Blog

On August 21, the Drug Enforcement Agency (the “DEA”) released an Interim Final Rule (the “ Rule ”), which, in part, suggests that in-process hemp extract shall be treated as a schedule I controlled substance during any point at which its THC concentration exceeds 0.3 percent on a dry weight basis. Emphasis added).

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U.S. Court of Appeals Weighs in on Hemp-Derived Delta-8 THC Classification Cannabis Practice Update

Cannabis Law Report

Key Notes: The Ninth Circuit found that Delta-8 THC products are federally legal under the plain meaning of the definition of “hemp” set by the 2018 Farm Bill, making it the first Circuit to find such products lawful. Thompson Hine LLP is available to assist vapor businesses with their compliance needs. Date: May 25, 2022.

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KEY TAKE AWAYS FROM USDA’S DRAFT OF INTERIM FINAL HEMP RULE

Cannabis Law Report

Laboratory must be DEA-registered. Samples must be tested using post-decarboxylation or other similarly reliable methods, and total THC concentration reported must account for conversion of THCA into THC. THC (concentrations of less than 0.5% Sampling and testing for delta-9 THC: 15-day pre-harvest testing mandated.

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Hemp and CBD: Submit Your Comments on USDA Interim Hemp Rules By December 30

Canna Law Blog

Most of us in the hemp industry are well-aware of the major issues in the interim rules: 15-day pre-harvest testing requirements, total THC, DEA laboratories, and crop insurance to name a few. A major achievement of the 2018 Farm Bill was that it cleared the way for the Federal Crop Insurance Corporation to offer policies to hemp farmers.

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BREAKING: USDA Releases Hemp Rules

Canna Law Blog

This is a major step in the full implementation of the 2018 Farm Bill. The 2018 Farm Bill requires states and Indian Tribes to submit hemp cultivation plans to the USDA. The total THC concentration level shall be determined and reported on a dry weight basis. Today, the U.S. State and Tribal Plans.

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Is Delta-8 THC a Controlled Substance? Yes. No. Maybe. – Cannabis Business Executive

SpeedWeed

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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