Welcome toRemove term: CBD and Hemp Legal and Regulatory Roundup CBD and Hemp Legal and Regulatory Roundup our weekly roundup of CBD and hemp-related legal and regulatory news:

CBD

Boston R&D challenges refusal of ‘CBD Science’ TM registration

An examiner rejected Boston Research & Development’s request to register the phrase “CBD Science” as a trademark for “pharmaceutical preparations” for treating illness or pain using hemp-derived cannabidiol, prompting the company to file an ex parte appeal.  Law 360 (sub. req.)

Texas health agency rules Delta-8 Schedule I controlled substance, leaves retailers scrambling

Delta-8 was thought to be legal in Texas after Gov. Greg Abbott signed House Bill 1325 in 2019 legalizing any hemp product with less than 0.3% THC. However, a Department of State Health Services notice on Oct. 16 classified Delta-8 as a Schedule I controlled substance. To retailers, the notice seemed arbitrary and unfair. Several retail outlets claim the state did nothing to notify them that Delta-8 was illegal, leading to much confusion, said Christine Perez, who manages the Austin CBD store Lazydaze+Coffeeshop.  The Texas Tribune

Related:
Cannabis shops to seek legal options after Texas classifies Delta 8 as illegal – WFAA

Hemp

Farmer says barriers fall as government acceptance of hemp grows

According to Nev. hemp farmer Adrienne Snow, two farm bills opened the doors for hemp growers. For decades, both cannabis and hemp were outlawed and classified as Schedule I controlled substances, however, the 2014 Farm Bill allowed hemp growers under a pilot program as long as state law permitted it. Two years later, the farm bill made hemp a legal commodity at the federal level. In that time, notes Snow, trading of hemp online or through cooperatives has grown, and it’s no longer a cash-only business.  Nevada Appeal

Hemp co. seeks dismissal of supplier’s suit over failed $1.2M deal

Natural ingredients manufacturer Layn USA and its Hemprise affiliate asked a Colo. federal court to throw out a lawsuit brought by Moose Agricultural and Colorado Hemp Solutions over a failed $1.2-million business deal, arguing they followed the contract in rejecting purportedly noncompliant hemp provided by the plaintiffs. In a motion for summary judgment, the defendants said 167 of 173 analysis certificates showed either THC levels that were 0.3% or higher or reported CBD levels less than 8% or both, which violates the requirements of the contract.  Law 360 (sub. req.)

Cannabis

Cannabis business sues Calif. municipality for revoking marijuana, business licenses

Perfect Union was awarded one of two microbusiness cannabis licenses in Nov. 2019 as part of an agreement that gave it one year to open the business. Its cannabis and businesses licenses were revoked for failing to open on time. David Wolfe, legal counsel for Perfect Union, argued the delay was a reasonable excuse under the development agreement that allows “delay beyond the reasonable control of a party caused by (a) calamities, including without limitation earthquakes, floods, and fire; (b) civil commotion; (c) riots or terrorist acts; (d) strikes or other forms of material labor disputes; (e) shortages of materials or supplies; or (f) vandalism.”  AP News

Democratic senators propose legalizing recreational marijuana sales

Sen. Patrick Leahy (D-Vt.), the Democratic leader of the Senate Appropriations Committee, released the text of legislation that would pave the way for the legalization of recreational marijuana sales. The legislation omits the longstanding rider that has prevented the federal government from spending its own money to legalize and regulate adult-use marijuana sales. It’s included as part of a package of legislation to fund the federal government for FY 2022 and contains several additional cannabis-related provisions, including one that would continue an existing protection for state medical marijuana laws.  Marijuana Moment

Fla. agriculture commissioner criticizes ‘discriminatory’ pot license rule

In a letter to state AG Ashley Moody, Chief Inspector General Melinda Miguel and the chairs of the state’s Joint Administrative Procedures Committee, Fla. Agriculture Commissioner Nikki Fried wrote she believes the health department’s new “emergency rule” that more than doubles the cost of the application fee for Black farmers seeking licenses for medical marijuana treatment centers is “discriminatory.” In addition to increasing the non-refundable application fee for the Pigford class Black farmer applicants to $146,000 from $60,000, the rule adds more extensive licensure requirements for such applicants. Fried called for a state investigation to determine if the rule was created with discriminatory intent and wants it to be revised immediately.  Law 360 (sub. req.)

Conn. AG says billboards advertising cannabis dispensaries violate law

State AG William Tong is calling for billboards that advertise where consumers can legally purchase cannabis to be taken down, saying he believes they violate a law enacted on July 1. Under the law, cannabis retailers shall not “engage in advertising by means of television, radio, Internet, mobile applications, social media, or other electronic communication, billboard or other outdoor signage, or print publication, unless the advertiser has reliable evidence that at least ninety percent of the audience for the advertisement is reasonably expected to be twenty-one years of age or older.” Tong said he doesn’t believe “the billboard companies can establish that they’re in compliance with the standard.” While his office has been in talks with the billboard companies, Tong is now reaching out directly to the retailers. In letters mailed to seven dispensaries in Mass., Tong asked them to remove their billboard ads. He’s also in discussions with legislators to determine if a change to the law is needed.  NBC Connecticut