CBD and Hemp Legal and Regulatory Roundup – December 10, 2021

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:


USDA policy changes enhance insurance coverage for hemp producers

The USDA’s Risk Management Agency is making it so hemp producers are no longer mandated to deliver their crop “without economic value for insurability.” It further amended policy to clarify how insurable acreage is determined in the event that the processor contract includes both an acreage and a production amount. “This change was made in the policy to ensure producers know how their insurable acreage is determined for those contracts,” the agency revealed. It also noted the industry remains in flux, but these changes “make sense for producers and for insurance providers.”  USDA

Texas smokable hemp ban remains in place until state’s highest court decides otherwise

After district courts decided the smokable hemp ban in Texas was illegal, the state’s Department of State Health Services filed a notice of appeal. This notice of appeal supersedes the final ruling, ensuring smokable hemp remains banned in Texas until the state Supreme Court rules otherwise.  Dallas Observer



SAFE Banking Act cut from defense bill

At a House Rules Committee meeting, the bill’s author, Rep. Ed Perlmutter (D-Colo.), and his allies in both parties expressed their frank frustration with the Senate in general, and with Majority Leader Chuck Schumer (D-N.Y.) in particular, for the defeat of the legislation. “I don’t really quite know what the hell his problem is,” said committee Chairman James P. McGovern. However, Perlmutter noted that under Republicans, the bill was considered “too big and too broad [… and] now Democrats are in charge, and it’s too narrow and too limited, but people are still getting killed and robbed. This makes no sense to me.” He insisted he “plans to pursue every possible avenue to get SAFE Banking signed into law.”  Law360 (sub. Req.)

Congress fumbles marijuana reform again – but that might be good – Forbes (sub. req.)
Holcomb’s end-of-year interview – Indy Politics

NORML chapter asks SCOTUS to decide if insurers must reimburse patients using medical marijuana

Empire State NORML and other New York cannabis industry advocates urged the high court to find the drug’s Schedule I status is no longer tenable thanks in part to the federal government’s de facto policy of inaction when it comes to prosecuting state-legal medical marijuana activities. The brief points to state supreme court decisions in Maine and Minn. finding the federal CSA preempted local laws requiring insurers to cover medical marijuana expenses, and decisions in N.H. and N.J. finding the opposite. Meanwhile, Justice Clarence Thomas said in June that the federal prohibition on cannabis might no longer be “necessary or proper” given how much latitude states have been allowed to enact their own legalization policies. “Once comprehensive, the federal government’s current approach is a half-in, half-out regime that simultaneously tolerates and forbids local use of marijuana,” he wrote.  Law360 (sub. Req.)

Garanimals clothing sues two cannabis companies for TM infringement

The parent companies of Garanimals, Garan and Garan Services, filed complaints in Calif. federal court against Ghost Management Group and Weedmaps Media (complaint), and Med for America, which does business under the brand name Dreamfields (complaint). The two complaints allege the same counts of trademark dilution and unfair competition under Calif. business codes. Garanimals claims the use of its trademark by the defendants tarnishes the brand and the company’s “goodwill and reputation,” which it says is “child- and family-friendly.”  Law360 (sub. req.)

Pot exec’s attempt to avoid IP suit rejected

Edward Dow III’s effort to escape “Borat” star Baron Cohen’s lawsuit against him and his company, Solar Therapeutics, failed to win over U.S. District Judge Denise L. Casper. The complaint alleges Dow “personally directed, controlled, ratified, approved, and implemented” Solar’s actions regarding a billboard featuring Sacha Baron Cohen’s face and a version of his copyrighted character’s catchphrase. The judge rejected Dow’s comparison of his plight to a 2020 infringement case between two hookah-product distribution companies, where a Mass. federal judge ordered executives to be dismissed because the executives weren’t said to have personally participated in the trademark issue. In Cohen’s lawsuit, however, Dow was personally said to have had a hand in putting up the billboard, enough to keep him in the lawsuit at this stage, Judge Casper found.  Law360 (sub. req.)