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 […]
2018 Farm Bill
Hemp-Derived THC Products: Legal or Loophole?
By Ian A. Stewart, Devon Mills and Neil Willner Hemp-derived CBD products have exploded onto the market since Congress removed hemp from the Controlled Substances Act (CSA) in the 2018 Farm Bill. Now, new hemp-derived products are emerging that contain amounts of THC comparable to state-regulated marijuana consumer products, which are still illegal under federal […]
Budding Hemp Farmers Struggle To Find Success In The ‘Green Rush’
Hemp farming exploded after the 2018 Farm Bill passed last December. The bill decriminalized the plant at the federal level, opening the door for many U.S. farmers to grow and sell hemp. Over the past year, licensed hemp acreage increased more than 445%, according to the advocacy and research group Vote Hemp. More than 510,000 acres of hemp […]
The Importance of Testing to the Standardization of Hemp Research
The legalization of hemp in the 2018 Farm Bill has opened many new opportunities for research by universities across the country. One example is that of the Oregon State University Global Hemp Innovation Center. This program is the latest example of expansion into institutional hemp research, with their program tasked “to advance the research of hemp […]
Hemp Regulation: USDA Struggles with Drafting THC Testing Rules
By Nathalie Bougenies, Attorney at Harris Bricken Hemp stakeholders have been eagerly waiting for the release of rules and regulations by the U.S. Department of Agriculture (“USDA”). Although the 2018 Farm Bill removed the hemp and its derivatives from the Controlled Substances Act, it did not provide clear, consistent and reliable standards to safely and […]
Credit Unions Greenlighted to Bank with Hemp Businesses
On August 19, 2019, the National Credit Union Association (NCUA), a federal agency that regulates, charters, and supervises federal credit unions, released updated guidance on federally-backed credit unions working with hemp-based businesses. The guidelines clarify that credit unions are permitted to offer financial services, including loans, to businesses dealing in the realm of hemp or […]
Proceed with Caution: Marketing Claims for Cannabis and CBD Products
The CBD market is exploding, prompting companies to use bold and creative marketing moves to differentiate themselves in the sea of products beginning to flood the market. But what happens when a company’s eagerness to convey the supposed revolutionary effectiveness of its CBD products leads it to make cure-all, but scientifically unsubstantiated, claims? Curaleaf, a […]
Hemp-CBD Across State Lines: California
By Griffen Thorne, 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 […]
Removing Roadblocks in the Hemp Industry Six Months after the 2018 Farm Bill
Nearly six months have passed since the 2018 Farm Bill was enacted on December 20, 2018, but the road to developing a successful business in the hemp industry is still filled with roadblocks. Some of these obstacles are becoming easier to navigate, but we’re still a long way from a free and open hemp market, […]
Capitalizing on Legal Hemp!
An Entrepreneur’s Guide By Mark Goldfogel In December of 2018, the U.S. Government legalized hemp; joining China, France, Great Britain and most of the developed world in recognizing that rope is not dope. This ended a prohibition on hemp dating back to 1937 and foretells the end of marijuana prohibition. To date, the dope or […]
