Author: Jeff Scurry
Source. https://www.jdsupra.com/legalnews/cbd-and-hemp-legal-and-regulatory-9905535/
Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news:
CBD
CBD company sues YouTube channel for intimidation, IP infringement
CBD brand FullSend is seeking a declaratory judgment that it has not infringed copyrights or trademarks held by Nelk, an entertainment company owned by a popular YouTube channel that has almost seven million followers and primarily produces prank videos. Nelk operates under a brand called Full Send Entertainment, and the term “Full Send” is regarded as a slang term that the YouTubers allegedly created. The CBD brand FullSend claims Nelk has conducted an “enforcement program” to put it out of business by threatening it with litigation and demanding it stop selling and advertising its products under what FullSend claims is its own mark. FullSend denies committing any infringement and says Nelk also filed complaints with Instagram in Mar. to interfere with its business. Those complaints led to FullSend’s Instagram account being suspended, the company claims. Law 360 (sub. req.)
Ala. opens application process for industrial hemp licenses
According to the Ala. Department of Agriculture and Industries, hemp growers, processors, handlers and universities may apply for a license with the department through its online application process. The final day for designated individuals and entities to do so will be Nov. 29. Yellowhammer
USDA invests $20M in sustainable hemp agriculture research
USDA Secretary Tom Vilsack announced an investment of more than $146 million toward 15 projects in sustainable agricultural research aimed at improving the agricultural system. Two hemp-related examples include:
- Central State University. Based in Wilberforce, Ohio, it received $10 million to pursue the approval of hemp grain as a sustainable feed ingredient to produce high-value, nutrient-dense fish, expand domestic markets for hemp and create a more diverse workforce in agriculture; and
- Oregon State University. The university’s Global Hemp Innovation Center received a $10-million grant for a project that seeks to define economic opportunities for hemp farmers in the Western states. USDA
NORML warns consumers to only obtain Delta-8 products from state-regulated cannabis manufacturers
According to Calif.’s NORML Coordinator Dale Gieringer, Delta-8 has undergone minimal testing in humans, “therefore, little is known about its long-term safety, its consumption at high dosages, or its medicinal effects.” NORML is advising consumers to avoid products sold through the “grey” market, such as at gas stations, smoke shops and convenience stores, as it’s likely the products have not been properly tested. Additionally, the advocacy group views Delta-8 THC as a Schedule I substance under federal law. Law 360 (sub. req.)
Related:
Delta-8 THC not legal hemp, South Carolina AG says – Hemp Industry Daily
Appeal over constitutionality of Maine’s cannabis residency requirement faces challenge
An appeal before the First Circuit over the constitutionality of a Maine law requiring medical cannabis business owners be state residents is the first of its kind to reach the national circuit courts and ramifications for the marijuana sector could be widespread. “It’s going to be critical if states want to defend these residency requirements. They’re going to have to win on the argument that the dormant Commerce Clause doesn’t apply – that Congress has suspended it,” said Robert Mikos, a professor at Vanderbilt Law School. “That will be a big one that the appeals court will need to dive into.” Critics of the policies point to the U.S. Supreme Court’s 2019 decision in Tennessee Wine & Spirits Retailers Association v. Thomas, which said Tenn. could not impose a two-year residency requirement for those seeking a liquor license. “The court said this is blatant residency discrimination not authorized by the 21st Amendment, and states don’t have a sufficiently compelling reason for treating outsiders differently from insiders,” Mikos said. Law 360 (sub. req.)
Related:
Recent ruling opens door for multi-state medicinal cannabis operators in Missouri – Columbia Missourian
VA official views medical pot study parameters as too broad
A House subcommittee asked the Department of Veterans Affairs directors why they didn’t support a bipartisan bill ordering the department to conduct clinical trials on the potential benefits of medical marijuana. In response, they argued the VA Medicinal Cannabis Research Act (H.R. 2916) would require the VA to conduct clinical trials on seven different strains of cannabis to test their efficacy in treating PTSD and chronic pain, and whether it affected patients’ alcohol or opioid use. Therefore, said David Carroll, the executive director of the VA’s Office of Mental Health and Suicide Prevention, the bill mandated overly broad clinical trials, testing too many patients with too many variants of marijuana. The VA believes “smaller, early phase, controlled clinical trials with a focused set of specific aims are optimal to determine proof of concept for using cannabis to treat specific conditions.” Law 360 (sub. req.)
GOP state senators in Ohio will submit draft bill to legalize, tax recreational cannabis
As advocates are preparing a ballot measure to ask voters to do the same, Republican state lawmakers in Ohio will be submitting a draft bill to legalize and tax the sale of recreational cannabis. The proposal by Ohio Statehouse Rep. Jamie Callender (R-Lake County) and co-sponsor Ron Ferguson (R-Wintersville) would regulate adult-use cannabis under the Ohio Department of Commerce’s Medical Marijuana Control Program. The bill is expected to be formally introduced by Thanksgiving. The bill would impose a 10% sales tax on adult-use products, with half of the tax receipts going into the state’s general revenue fund, Callender said. One-quarter of the remaining tax revenue would be earmarked for law enforcement, particularly for additional equipment, and one-quarter would be devoted to mental health programs. Law 360 (sub. req.)
