Hemp CBD Across State Lines: What You Need to Know

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

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Hemp-CBD: More Federal Courts Stay CBD Cases Until the FDA Issues Regulations

In January, my colleague, Jesse Mondry, wrote about Snyder v. Green Roads of Florida, a case in which the U.S. District Court for the Southern District of Florida stayed a class action lawsuit against a cannabidiol (“CBD”) company until the Food and Drug Administration (“FDA”) forges a legal path for the manufacture, sale and marketing

california cannabis

You Ask, We Answer (Part 1): Questions From the California Cannabis Webinar

I recently teamed up with my colleagues Hilary Bricken and Griffen Thorne to put on a free webinar answering all of your pressing questions about cannabis legal issues in California. (Check out the replay here.) The response was overwhelmingly positive, and we received a lot of great questions that we weren’t able to get to

How to Comply With CBD Laws in All 50 States

Lawyers are used to selling services. For the past year-and-a-half, we have been selling a product as well. That product is an exhaustively researched and continuously updated 50-state survey of Hemp CBD rules and regulations. The survey is broken down by category: ingestible, smokable and cosmetic CBD products. Before we get too far into how

FDA Notifies Public About Voluntary Recall for Hemp CBD

FDA Notifies Public About Voluntary Recall for Hemp CBD

On May 20, 2020, Marijuana Moment reported on a new development on the Food and Drug Administration’s (FDA) position on hemp-derived cannabidiol (Hemp CBD). The article centers on the following tweet from the FDA: Summitt Labs Issues Voluntary Nationwide Recall of KORE ORGANIC Watermelon CBD Oil Due to High Lead Results https://t.co/y2oklEZzx4 pic.twitter.com/1SlB9mnhLI — U.S.

registered trade mark cbd

How Hemp-CBD Companies Should Think About Trademark Strategy

It’s been a while since we’ve gone over the basics regarding how hemp-CBD companies should be strategizing to protect their brands. Last year, the United States Patent and Trademark Office (USPTO) issued Examination Guide 1-19: Examination of Marks for Cannabis and Cannabis-Related Goods and Services After Enactment of the 2018 Farm Bill. The guide provided

CBD Claims: Federal Enforcement Actions Are No Longer Limited to Warning Letters

The online sales of cannabidiol (“CBD”), including hemp-derived CBD products, have ramped up in response to the coronavirus (“COVID-19”) pandemic. Regrettably, during these uncertain times, a handful of CBD companies have been taking advantage of people’s fear and anxiety over the spread of the virus, making certain claims that CBD can treat and even cure

The FDA Continues to Chase CBD Companies

We advise many of our clients, and particularly our clients the CBD and skincare spaces, on how to navigate the complex state and federal regulations that apply to marketing and labeling their products. And one of the persistent concerns we address from clients in this industry is how to run a compliant business that does

The FDA Crackdown on Coronavirus Medical Claims: CBD Companies, Take Note!

Unfortunately, in times of crisis and hardship there will always be companies attempting to take advantage of people, playing off of fear and desperation. Earlier this month, the FDA sent out a round of warning letters to companies that were selling fraudulent COVID-19 products. We’ve written extensively about what CBD companies should not do if

Hemp CBD Across State Lines: South Carolina

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