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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

Stanley Brothers CW Trademark

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On Tuesday, July 21, the Food and Drug Administration (“FDA”) released draft guidance for clinical research related to the development and manufacturing of cannabis-based drugs, which gained particular interest following the legalization of hemp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

Schedule I Controlled Substance

How to Study Schedule I Controlled Substances

Q:  I want to study schedule I controlled substances. I want to study marijuana (cannabis), peyote, MDMA, psilocybin, LSD, ayahuasca/DMT and ibogaine, to start. A:  All of that is possible, but you should choose just one. Q:  OK, I want to study cannabis. A:  That’s actually one of the hardest. Please choose a better one.

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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.

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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