By Daniel Shortt, Attorney @ Harris Bricken 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 […]
Hemp Policy & Legal
Is CBN a Controlled Substance? Yes. No. Maybe.
By Natalie Bougenies, Attorney at Harris Bricken Earlier this year, we discussed the legality of lesser-known hemp-derived cannabinoids which appeared to be gaining success in the U.S. One of these promising cannabinoids is cannabinol (“CBN”). Put simply, CBN is a non-intoxicating cannabinoid that results from the degradation of THC. Because it is difficult, if not […]
ICYMI: The New FinCEN Hemp Banking Guidance
By Hilary Bricken, Co-founder Harris Bricken Last week, the Financial Crimes Enforcement Network (FinCEN), issued new guidance (the “FinCEN Guidance”) for financial institutions working with hemp-related businesses. The FinCEN Guidance centers on due diligence requirements as related to the Bank Secrecy Act (BSA). This guidance follows closely on the new National Credit Union Administration (NCUA) […]
New York to Require Licenses to Manufacture and Sell Hemp Derived CBD Products
By Jared Schwass, Matthew R. Kittay, and Michael R. Herz Hemp and hemp-derived cannabidiol (CBD) products have seen an increase in demand over the last few years, but the legal and regulatory structure behind those products has been unclear and confusing. One reason behind the confusion is that there has been a lag in the implementation […]
Hemp CBD Across State Lines: What You Need to Know
By Daniel Shortt, Attorney at Harris Bricken 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 […]
Trump’s Ban On CBD For the Military Echoes Drug War, Anti-Hemp Oil Hysteria
The Drug Warrior takeover of the Trump administration now seems complete with the ban on CBD use by the military because it might interfere with marijuana testing. The MarijuanaMoment.net website reported the new policy calling it “little-noticed,” which is an accurate but ironic description of what should have been widely announced, if it was meant […]
Authorities Grapple With New Hemp Law Enforcement
Last September, I spoke on the importance of a whole-plant approach at the 2nd annual Southern Hemp Expo in Nashville, TN. But it’s not the whole-plant message I recall, rather it was the smokable hemp pre-rolls being handed out to attendees. This was the same in Las Vegas in December, and numerous other pre-COVID events around the […]
Credit Unions and Hemp: New Federal Guidance is Here!
By Vince Sliwoski, Attorney at Harris Bricken Last week, the National Credit Union Administration (NCUA) issued new guidance (“Guidance”) for federally-chartered credit unions serving the hemp industry. All of us at Harris Bricken were excited to see the Guidance released: NCUA retained us last fall to advise the government on this project, and we have […]
Judicial Decisions Reflect Need for CBD Regulations and Legal Counsel
While some courts await FDA regulations on CBD, FDA has continued to send warning letters to companies making and marketing CBD products. Consumer class actions regarding CBD marketing are on the rise. In recent months, a number of federal judges have placed lawsuits concerning the marketing of CBD-infused products on hold because the U.S. Food […]
Not All CBD Health Claims Are Treated Equal
By Natalie Bougenies, Attorney at Harris Bricken If you read this blog and keep a close eye on the cannabidiol (“CBD”) industry, you know that the Federal Trade Commission (“FTC”) takes issue with advertising tools containing egregious, unfounded claims about the health benefits of CBD products. Yet, you might be surprised to read that the […]
