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A Bipartisan Bill Would Regulate Hemp CBD as a Dietary Supplement

Last week, Oregon Representative Kurt Schrader (D) and Virginia Representative Morgan Griffith (R) introduced The Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2020 (“H.R. 8179”). If enacted in its current form, H.R. 8179 would legalize the manufacture, sale and marketing of hemp, hemp-derived cannabidiol and other hemp extracts (collectively referred to

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Hemp CBD Labeling Requirements: How to Mitigate Risk

Every week, clients ask us to review their hemp-derived cannabidiol (“Hemp CBD”) products to ensure “full compliance.” Unfortunately, given the patchwork of often conflicting state labeling laws, and the lack of a federal pathway for the sale and marketing of these products, it is virtually impossible for Hemp CBD stakeholders to meet compliance standards. Consequently,

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NIST and FDA May Be the Cannabis Quality Assurance Heroes We Need

Over the years, we’ve pointed out when federal agencies opt to ignore the federal illegality of cannabis. It happens more often than you might think depending on the topic (see, for example, the NLRB). One agency, though, that has surprisingly never lifted a finger against state-legal cannabis–though it is taking a closer look at CBD–is

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The Laws and Regulations on Hemp CBD in All 50 States

The 2018 Farm Bill removed hemp from the Controlled Substances Act did not affect or modify the Federal Food, Drug, and Cosmetic Act (“FDCA”) or the Food and Drug Adminstration’s (“FDA”) ability to promulgate regulations and guidelines that relate to hemp under. The FDA regulates a wide variety of medical and consumer products sold in

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Stanley Brothers Face Another Setback with Final Refusal of “CW” Trademark

We’ve written previously not only about the challenges faced by Stanley Brothers Social Enterprises (and the other related “Charlotte’s Web” companies), but also about the different challenges faced by CBD companies. Some of these posts can be found below: Is Hemp CBD Really Unlawful in California? The FDA Issues Hemp-CBD Warning Letters and a Consumer

Federal Policy on Hemp CBD

Federal Policy on Hemp CBD Is Taking Shape: What Needs to Be Addressed?

This is the first post in a two-part series.  Last week, the Food and Drug Administration (FDA) submitted a CBD enforcement policy to the White House. We do not yet have the text of that document but we anticipate that it will have a significant impact on hemp-derived CBD (Hemp CBD) products. In anticipation of

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FDA Guidance on Cannabis Research: A Glimpse of What’s To Come for CBD Products?

On Tuesday, July 21, the Food and Drug Administration (“FDA”) released draft guidance for clinical research related to the development and manufacturing of cannabis-based drugs, which gained particular interest following the legalization of hemp in December 2018. Although the guidance does not cover other FDA-regulated  products, such as hemp-derived CBD (“Hemp CBD”)-infused foods and dietary

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Is Kratom Legal?

Recently, our attorneys have seen a large uptick in interest, both from consumers and businesses, in ketamine and psychedelics. There has been a proliferation of ketamine clinics in the United States (see here here, and here), and dozens of jurisdictions (such as Denver and Oregon) passed or are considering passing psychedelics laws that would do

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The Latest Report from the FDA Shows How Poorly It Has Handled CBD

On Wednesday, July 8, the Food and Drug Administration (FDA) sent Congress a report on the CBD marketplace. Last year, Congress mandated that the FDA report on hemp-derived CBD in appropriations legislation. You can find the report linked at the bottom of this article from Marijuana Moment, which also provides an overview of the report.