On August 19, 2019, the National Credit Union Administration (“NCUA”) made an economically significant change to the hemp banking landscape. As is the case with cannabis businesses generally, hemp operations have faced considerable limitations with respect to access to traditional
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Kelley Drye’s CBD Update Webinar
By Kelley Drye on
Join Kelley Drye from 12:30 to 1:30 pm ET on Wednesday, September 11th for a detailed look at several relevant CBD topics: including the FDA’s review of a possible non-drug pathway, Prop 65 labeling considerations, transportation and false advertising litigation
New Jersey Gives Green Light to Industrial Hemp Program
By Kristi Wolff & Lee Baumgardner on
On August 9, Governor Phil Murphy signed into law Assembly Bill 5322, establishing the state’s program for cultivation, handling, processing, transport, and sale of hemp. The bill also repeals the New Jersey Industrial Hemp Pilot Program, which was passed…
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CBD and False Advertising: Lessons Learned From The Food Court
By Kristi Wolff & Lee Baumgardner on
CBD marketers can learn something from the food industry. And it has nothing to do with the regulatory morass around whether CBD can be legally added to foods. It’s about managing the risk of consumer false advertising litigation. Lawsuits filed…
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NY and Ohio: Recent Legal Changes Diverge on Whether CBD Can Be Added to Food
By Kristi Wolff & Lee Baumgardner on
We’ve written a lot about FDA’s current position on CBD in food and the ongoing process to evaluate a potential non-drug pathway for the ingredient that emerged seemingly out of nowhere to capture the attention of consumers, legislators, and regulators…
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Court Requires Drug Enforcement Administration To Explain Why Only One US University Can Currently Source Cannabis
By Kristi Wolff & Bez Stern on
As readers of this blog already may know, the Drug Enforcement Administration (DEA) currently allows cannabis – consisting of the marijuana plant, with greater than 0.3% THC content – to be grown for research purposes at only one location: The …
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FDA Responds To Congressional Pressure To Speed Up CBD Review
By Kristi Wolff & Lee Baumgardner on
Last week, FDA Principal Deputy Commissioner and Acting Chief Information Officer Dr. Amy Abernethy released a series of tweets indicating that the agency is “expediting” its work towards addressing the confusion and uncertainty surrounding the regulation of hemp-derived CBD. Dr.…
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Senator Wyden Again Urges FDA to Clarify CBD Pathway; Agency Extends Comment Deadline and Issues New Communications
By Kristi Wolff & Lee Baumgardner on
On June 25, 2019, Senator Ron Wyden (D-OR) issued a letter urging Department of Health and Human Services (HHS) Secretary Alex Azar and Food and Drug Administration (FDA) Acting Commissioner Ned Sharpless to take action by addressing the confusion and…
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Legalized Marijuana in Illinois: The Basics for Employers
On June 25, 2019, Governor Jay B. Pritzker signed the Cannabis Regulation and Tax Act (HR1438) (“Cannabis Act”) into law. When the law goes into effect on January 1, 2020, Illinois will be the second largest state (after California) to…
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Court Rules Indian Tribe Cannot Regulate Hemp Production (Yet)
By Kristi Wolff & Bez Stern on
As we’ve written about several times, the 2018 Farm Bill legalized hemp but specified that it must be done pursuant to a state or tribal plan, known as a 279B plan. Such a plan is not effective until approved…
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USDA Legal Opinion Seeks To Clarify Interstate Transport of Hemp
By Kristi Wolff & Bez Stern on
On May 28, 2019, the United States Department of Agriculture’s (“USDA”) Office of the General Counsel issued a Legal Opinion, which attempts to address open questions relating to interstate transport of hemp. While the 2018 Farm Bill legalized hemp production,…
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