Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news:

CBD

Iowa Court of Appeals upholds state’s view of CBD as controlled substance

The Iowa Appeals Court sided with the Marion Civil Service Commission, saying Sarah Hyatt was appropriately terminated from her job as a dispatcher at the Marion Police Department for possessing and consuming CBD tincture oil at work, sleeping while on break and being untruthful during a subsequent investigation into her actions. “Under the Iowa Code in force at the time of these events, the CBD tincture oil was a controlled substance,” the court stated, citing a subsection that stated any mixture containing “any quantity of” THC qualified as a controlled substance. The opinion noted that state statute had since been amended to exempt products with less than 0.3% THC. After her termination in 2019, Hyatt appealed to both the commission and a state district court. Both held that her firing was warranted.  Law 360 (sub. req.)

Hemp

Ky. Hemp Association argues for Delta-8 THC products

The Ky. Department of Agriculture said because Delta-8 THC products aren’t legal at the state or federal level, and they’re considered a Schedule 1 controlled substance, shops were raided and employees are potentially facing drug trafficking charges. A spokesperson said Delta-8 THC products can be made with battery acid and pool chemicals, are making people sick and have traces of harmful chemicals and metals. However, the Ky. Hemp Association argues Delta-8 THC products are natural and fall into the legal category for hemp. “We have over 100 other compounds. There’s CBG, CBN, Delta-10, Delta-8. There’s all these other compounds,” said Katie Moyer. While they know there’s some gray area in the legal dispute, the association is asking for raids to cease until the issues surrounding Delta-8 are clarified. WKYT
Related:
Delta-8 rising in popularity in Lincoln, providing a legal alternative to marijuana – News 6 On Your Side
A new wave of hemp-derived Delta-8 THC products – EIN Presswire
As N.C. debates medical marijuana, people are getting high on hemp – it’s legal (sort of) – Tech Wire

FDA enforcement activity helps marketers know risks, compliance issues with CBD/Hemp

According to Asa Waldstein, a dietary supplements executive focusing on bridging the compliance, marketing and regulatory gap between the supplement and hemp industries, as well as the chair of the American Herbal Products Association’s Cannabis Committee, CBD and hemp companies must pay heed to basics such as FDA food facility registration, common allergen label disclosure, adverse event reporting requirements and usage warnings. Marketers of CBD and hemp products should also be looking to the dietary supplement industry for guidance on how to effectively market products without attracting FDA, FTC or plaintiff attorney attention. There have only been around 50 CBD-related warning letters, but there have been hundreds of dietary supplement letters, he adds. This helps show “an ongoing window into FDA enforcement activity and helps a savvy marketer know the risk and compliance guardrails,” Waldstein concludes.  Natural Product Insider

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