Nathalie Bougenies

Nathalie chairs the hemp CBD practice group and focuses her practice on health and wellness, in addition to corporate transactions and regulatory compliance. She enjoys building a deep understanding of our clients’ businesses, industries, and long-term visions, and leverages her broad expertise and international background to help our overseas companies with their foreign direct investment into the United States and to help American companies with their overseas legal needs.

european union cannabis cbd

EU Adds CBD to Its List of Legal Cosmetic Ingredients

On February 4, the European Union (EU)’s Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs added cannabidiol (CBD) “derived from extract or tincture or resin of cannabis” as a legal cosmetic ingredient to its CosIng guidelines. CosIng is a database of cosmetic regulations that expressly provides for authorized and unlawful ingredients and sets forth their

usda hemp final rule

USDA Hemp Final Rule: Hits and Misses

Last Friday, January 15th, the U.S. Department of Agriculture (the “USDA”) announced today’s publication of its hemp production final rule in the Federal Register, which will go into effect on March 22, 2021. This final rule builds on the interim final rule (the “IFR”) that was published on October 31, 2019. It includes revisions based

Michigan Cannabis CBD

Michigan Authorizes Veterinarians to Discuss the Therapeutic Use of CBD with Pet Owners

On the last day of 2020, Michigan Governor Gretchen Whitmer signed into law a piece of legislation (“HB 5085”) that gives veterinarians permission to discuss the potential therapeutic benefits and risks of using marijuana and hemp, especially cannabidiol (“CBD”), with pet owners. The statutory language is sparse but its legislative analysis explains that HB 5085

EU CBD narcotic

The EU Concludes CBD Foods Are Not Narcotics After All

Last week, the European Commission (the “Commission”) retracted its preliminary position on treating hemp-derived cannabidiol (“CBD”) and other extracts derived from the flowering tops of the Cannabis sativa L. plant as narcotics under the U.N. Single Convention on Narcotic Drugs of 1961 (the “Single Convention”). We were relieved to see this development; faithful readers of

New York Hemp

New York’s Proposed Hemp Products Rules: A Model for the Industry

On October 27, the New York Department of Health (the “DOH”) released much anticipated proposed rules to regulate the processing, manufacturing, sale and marketing of cannabinoid hemp products in the state (the “Rules”). In accordance with A08977, which Governor Andrew Cuomo enacted at the beginning of this year, the DOH was tasked with creating a

Congress Takes Issue with the (Awful) DEA Hemp Rule

The hemp industry is not the only one that’s pushing back against the Drug Enforcement Administration (DEA)’s hemp Interim Final Rule (the “Rule”). If you read this blog, you’ll recall the hemp industry sued the DEA following the release of its Rule in August 2020. The Rule threatens the hemp industry because it wrongfully criminalizes

CBD Cosmetics: Unregulated, Yes. Risk-Free, No.

It is well known by now that CBD-infused cosmetics represent the lowest level of risk for businesses. Indeed, CVS, Walgreens and Sephora are only a few of the major national retailers that now offer these products for sale. This is partially due to the fact that the Food and Drug Administration (FDA) and many state

Hemp CBD Q&A – A Few More Questions and Answers

During the webinar we received more questions than we could answer, so today, we go over a few of these remaining questions. Does any state have a model law(s) governing the licensing of in-state hemp processors? Many states, including Oregon and Colorado, expressly regulate the processing of raw hemp. However, there is no uniform licensing

The Hemp Industry Responds to the DEA Rule With a Lawsuit

On August 21, the Drug Enforcement Agency (the “DEA”) released an Interim Final Rule (the “Rule”), which, in part, suggests that in-process hemp extract shall be treated as a schedule I controlled substance during any point at which its THC concentration exceeds 0.3 percent on a dry weight basis. “Any point” includes even fleetingly during