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ICYMI: The New FinCEN Hemp Banking Guidance

July 9, 2020
Hilary Bricken
Banking, Finance & Real Estate, Hemp Policy & Legal
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By Hilary Bricken, Co-founder Harris Bricken Last week, the Financial Crimes Enforcement Network (FinCEN), issued new guidance (the “FinCEN Guidance”) for financial institutions working with hemp-related businesses. The FinCEN Guidance centers on due diligence requirements as related to the Bank…

New York to Require Licenses to Manufacture and Sell Hemp Derived CBD Products

By Jared Schwass, Matthew R. Kittay, and Michael R. Herz Hemp and hemp-derived cannabidiol (CBD) products have seen an increase in demand over the last few years, but the legal and regulatory structure behind those products has been unclear and…

Hemp CBD Across State Lines: What You Need to Know

By Daniel Shortt, Attorney at Harris Bricken 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…

Trump’s Ban On CBD For the Military Echoes Drug War, Anti-Hemp Oil Hysteria

The Drug Warrior takeover of the Trump administration now seems complete with the ban on CBD use by the military because it might interfere with marijuana testing. The MarijuanaMoment.net website reported the new policy calling it “little-noticed,” which is an…

Authorities Grapple With New Hemp Law Enforcement

Last September, I spoke on the importance of a whole-plant approach at the 2nd annual Southern Hemp Expo in Nashville, TN. But it’s not the whole-plant message I recall, rather it was the smokable hemp pre-rolls being handed out to attendees. This…

Credit Unions and Hemp: New Federal Guidance is Here!

By Vince Sliwoski, Attorney at Harris Bricken Last week, the National Credit Union Administration (NCUA) issued new guidance (“Guidance”) for federally-chartered credit unions serving the hemp industry. All of us at Harris Bricken were excited to see the Guidance released:…

Judicial Decisions Reflect Need for CBD Regulations and Legal Counsel

While some courts await FDA regulations on CBD, FDA has continued to send warning letters to companies making and marketing CBD products. Consumer class actions regarding CBD marketing are on the rise. In recent months, a number of federal judges…

Not All CBD Health Claims Are Treated Equal

By Natalie Bougenies, Attorney at Harris Bricken If you read this blog and keep a close eye on the cannabidiol (“CBD”) industry, you know that the Federal Trade Commission (“FTC”) takes issue with advertising tools containing egregious, unfounded claims about…

FSD Pharma Receives U.S. FDA Approval to Design a Phase 2a Clinical Trial to Treat Patients with Suspected or Confirmed COVID-19 Diagnosis

June 3, 2020
Press Release
Coronavirus, Hemp Policy & Legal, Press Releases, Science and Technology
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PRESS RELEASE TORONTO--(BUSINESS WIRE)-- FSD Pharma Inc. (Nasdaq: HUGE) (CSE: HUGE.CN) (FRA: 0K9A) (“FSD Pharma” or the "Company") today announced that the U.S. Food and Drug Administration (FDA) has given the company permission to submit an Investigational New Drug Application…

Hemp was supposed to boost farmers. It’s turned out to be a flop.

Oversupply and a lack of federal rules led to trouble for the industry. Hemp has friends in high places, namely Senate Majority Leader Mitch McConnell. But the crop he championed in an attempt to boost ailing agriculture is at a…

Hemp-Derived THC Products: Legal or Loophole?

By Ian A. Stewart, Devon Mills and Neil Willner Hemp-derived CBD products have exploded onto the market since Congress removed hemp from the Controlled Substances Act (CSA) in the 2018 Farm Bill. Now, new hemp-derived products are emerging that contain…

Selling CBD Products? The U.S. Supreme Court Just Raised the Stakes on Trademark Claims

by Jesse Mondry, Attorney at Harris Bricken Several months I wrote an article about CBD and false advertising under the Lanham Act and noted an important case on the docket of the U.S. Supreme Court concerning damages in trademark cases, Romag…

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

by Nathalie Bougenies, Attorney at Harris Bricken 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…

Hemp Industry Taking Off In Sunshine State: USDA Approves Florida’s Hemp Program

The U.S. Department of Agriculture (USDA) approved Florida’s hemp program that will allow farmers to grow hemp in the future, marking the official start of the hemp industry in the Sunshine State. On April 16, the Department of Agriculture announced…

Is synthetic CBD a controlled substance under the Controlled Substances Act?

By Arthur Hoffmann and Chris Gismondi Cannabidiol (CBD) is a compound found in the plant Cannabis sativa L. and is thought to have therapeutic properties. However, CBD derived from marijuana is an illegal controlled substance under the Controlled Substances Act,…