Canna Law Blog

Hemp-CBD: USDA Reopens Commenting for 30 Days on Interim Hemp Rule

Everyone in the hemp industry knows that last fall the U.S. Department of Agriculture (“USDA”) released its interim hemp rules governing the production of hemp. Our hemp-CBD attorneys have written extensively about the new hemp rules and their shortcomings, as well as the panoply of different hemp regulations at the state level and the DEA’s

Hemp-CBD Legislation - Will Congress Boost the Hemp Total THC limit to 1%
Canna Law Blog

Hemp-CBD Legislation: Will Congress Boost the Hemp Total THC limit to 1%?

As reported by Hemp Grower magazine, Senator Rand Paul of Kentucky introduced legislation on December 15 that would amend the definition of hemp from .3% THC to 1% THC. The bill would also make other major changes to the USDA’s interim final rule, which would affect hemp growers, processors, manufacturers, and shippers. The legislation is

Smokable Hemp Texas
Canna Law Blog

Smokable Hemp: Hemp Companies Partially Successful in Challenge to Smokable Hemp Ban

Just a few days ago the Texas Court of Appeals published an opinion concerning smokable hemp. Before getting into the ruling, let’s review what happened in Texas after enactment of the 2018 Farm Bill. In 2019, the Texas Legislature enacted statutory provisions regulating certain hemp products. Among the statutes was a law prohibiting any state

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Canna Law Blog

Transporting Hemp Across State Lines is Still Risky

Back in September 2018, I wrote about how important it was for hemp businesses to carefully plan the routes they would use to ship hemp and hemp products, including hemp-derived CBD. This is because some states are hostile towards hemp and do not recognize a difference between hemp and marijuana. My article was written prior

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Canna Law Blog

The Perplexing State of Industrial Hemp and Hemp-Derived CBD Sales in California

As readers of this blog know, California is on its way to developing robust laws governing the sale (and all other aspects) of cannabis and cannabis products. So, it’s somewhat surprising that California’s laws concerning the sale of industrial hemp and hemp-derived cannabidiol (“hemp-CBD”), to the extent they even exist, are all over the map.

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Canna Law Blog

Washington’s Hemp Plan

On November 20th, the Washington State Department of Agriculture (“WSDA”) released the hemp cultivation plan (the “Plan”) that it intends to submit to the US Department of Agriculture (“USDA”) along with a corresponding set of hemp regulations (“Hemp Rules”). This post will provide an overview of Washington’s hemp plan. Recordkeeping, Violations, and Inspections The Plan

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Canna Law Blog

Hemp-CBD Across State Lines: Alaska

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp

Cannabis cigarette with red prohibition symbol
Canna Law Blog

Hemp Litigation Update: Legal Challenge to Indiana’s Smokable Hemp Ban Continues

Is it legal to sell smokable hemp? Our cannabis and hemp CBD attorneys are asked this question frequently. Without fail, their answer is it that depends on where you want to sell smokable hemp. Because state laws, rules, and regulations are changing frequently, sometimes in connection with litigation, we research and update the entries for each

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Canna Law Blog

Top 4 Predictions for Hemp and Hemp CBD in 2020

2019 was, to put it lightly, an intense year for the hemp and hemp-derived cannabidiol (“Hemp CBD”) industries in the United States. We saw the implementation of the 2018 Farm Bill,  strongly worded statements by the Food and Drug Administration (“FDA”) that Hemp CBD was unlawful in many products followed (amazingly) by almost zero enforcement,

Canna Law Blog

Oregon Hemp Litigation: Investor Alleges He Was Shut Out of Hemp Company

We have been tracking hemp-related litigation for some time. We’ve written about disputes between hemp growers and purchasers, seizures of hemp by law enforcement, consumer class action lawsuits, bankruptcy and other business disputes. Here are just a few of those articles: Oregon Hemp Litigation: New Cases Demonstrate the Continued Importance of Due Diligence Oregon Hemp-CBD