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Delta 8: The Sudden Buyer Craze and Hazy Legal Status for a Hemp Product

A new cannabis product commonly called Delta 8 is confusing law enforcement officials throughout the country. The flower buds look, smell and taste (when smoked) like marijuana, and it even contains a type of THC. Yet, this particular cannabis, which experienced…

Swap the crop? New York hemp farmers eager to grow marijuana

Farmers dealing with depressed prices for plants that produce CBD are eager to take part in a statewide marijuana market expected to generate billions of dollars a year once retail sales start ALBANY, N.Y. -- Legal marijuana is coming to…

Are the New FDA Warning Letters Signaling Treatment of Hemp Extracts as Over the Counter Monographs?

The FDA issued two new warning letters on March 22, 2021. Previous rounds of warning letters have focused on whether the companies have made statements that would make the product a drug. These have focused on such things as (1)…

Governor Cuomo Announces the New York State Department of Health’s Cannabinoid Hemp Program Now Accepting License Applications

Governor Andrew M. Cuomo today announced that the New York State Department of Health is now accepting applications from businesses seeking to operate as cannabinoid hemp processors, retailers or distributors. The applications are available on the Cannabinoid Hemp Program's webpage here. In…

Will the FTC Adopt Less Stringent Substantiation Requirements for CBD Claims?

by Natalie Bougenies, Attorney at Harris Bricken If you follow our blog, you know we keep a close eye on enforcement actions taken by the Food and Drug Administration (the FDA) and the Federal Trade Commission (the FTC or the…

Updates to the NY Empire State of Cannabis: Cannabinoid Hemp Licenses Go Live and Amendments to Governor’s Adult-Use Legislation

By Neil M. Willner In step with all things cannabis, New York is making changes to its proposed legislation and regulations at a fast and furious pace. Earlier this month, the New York Department of Health opened the application process…

Five Key Pointers For US Firms Looking To Enter the European CBD Market

WHILE the CBD boom has been well underway in the US for many years things are just starting to take shape in Europe. Over the last six months the European CBD industry has started to boom, and Forbes reports that…

UK Halts CBD Imports As It Enforces Strict Rules On Trace THC Levels

A CHANGE of direction from the Home Office has put a stop to some bulk CBD imports over concerns they have ‘illegal’ levels of THC. This development follows a January request by Police and Justice Minster Kit Malthouse for further…

USDA Hemp Final Rule: Hits and Misses

by Natalie Bougenies, Attorney @ Harris Bricken 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.…

After Two Years Of Work, USDA Publishes National Hemp Rule

THE FINAL RULE, WHICH TAKES EFFECT ON MARCH 22, SETS A HIGHER THC LIMIT — 1% — FOR DETERMINING WHEN PLANTS MUST BE DESTROYED AND MAKES IT EASIER TO DISPOSE OF THEM. Two years after the 2018 farm bill legalized…

Hemp Litigation: Does Qualified Immunity Protect Law Enforcement Who Wrongly Destroy Hemp?

By Jesse Mondry, Attorney at Harris Bricken Earlier this fall, several news outlets reported on a lawsuit alleging that federal and state law enforcement agencies in California wrongfully destroyed a hemp grow worth more than $3 million. (See here, and…

European Commission Scraps Moves To Brand CBD A Narcotic – And Cap A Winning Day For Cannabis Industry

THE KanaVape judgement has forced the hand of the The European Commission which has now revised its preliminary determination that CBD (cannabidiol) should be treated as a narcotic. In what has turned out to be a momentous day for the cannabis industry the…

Will This $2m Transatlantic Toxicity Trial Of 15 Animal Species Prove CBD Is Safe?

A TRANS-ATLANTIC collaborative trial which sees 15 different animal species given doses of CBD will conclude next month with the aim of satisfying regulators the popular cannabinoid is safe. The $2m trial on mice, rats, pigs and other species got…

Synthetic vs. Natural Hemp: A Legal and Labeling Minefield

November 11, 2020
Henry Baskerville
Compliance and Regulations, Hemp Policy & Legal, Lab Testing, Policy & Legal, Processing, Standards and Certification
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The DEA’s recent interim final rule--which appears to be in contravention of the letter and spirit of the Agricultural Improvement Act of 2018 (aka the Farm Bill)--continues to cause concern and turmoil in the industry. The proposed rule addresses CBD…

Congress Takes Issue with the (Awful) DEA Hemp Rule

by Nathalie Bougenies, Attorney@ Harris Bricken 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…