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On January 2, 2020, a federal district court judge in Minnesota found that a local hemp farmer had a constitutionally-protected property interest in his hemp growing license, and that the license could not be revoked by the state without adequate procedural protections.  The hemp farmer, Luis Miguel Hummel, had his license revoked by the Minnesota Department of Agriculture (“MDA”) following a report from law enforcement that some of Hummel’s hemp products containing concentrations of THC…
The 2018 Farm Bill, which legalized the production and sale of hemp, allows states and Indian tribes to create and administer their own hemp production plans. Pursuant to the 2018 Farm Bill, the United States Department of Agriculture (“USDA”) is authorized to approve state and tribal hemp production plants. On December 27, 2019, the USDA announced that it had approved for the first time six hemp production plan. The approvals include plans submitted by three…
Earlier this month, two federal courts—one in the Southern District of New York, another in the Western District of Washington—analyzed the issue of whether a federal court has jurisdiction to hear what would otherwise be routine breach of contract cases involving cannabis. Even though the cannabis-based businesses were legal at the state level in both cases, both courts came to the conclusion that the federal Controlled Substances Act (“CSA”) likely divested them of jurisdiction to…
As we previously reported, on October 31, 2019, the U.S. Department of Agriculture (“USDA”) released its highly anticipated interim final rule governing hemp regulations.  The interim final rule outlines provisions for USDA to approve plans submitted by states and Indian tribes for the domestic production of hemp. It also establishes a federal plan for producers in states or territories of Indian tribes that do not have their own USDA-approved plan.  The interim final rule…
As we previously reported, the U.S. Department of Agriculture(“USDA”) released its long-awaited interim final rule governing the domestic production of hemp on October 31, 2019.  On November 5, the USDA released a short 12-minute webinar, which provides a high-level overview of the new Interim Final Rules. Among other things, the webinar clarifies the USDA’s position that, following publication of the interim final rule, no state or Indian tribe may prohibit the interstate…
In an earlier blog post we informed readers that, in response to a mandamus petition of the Scottsdale Research Institute (SRI), the D.C. Circuit issued an order requiring the Drug Enforcement Administration (DEA) to explain why it allowed cannabis – consisting of the marijuana plant, with greater than 0.3% THC content – to be grown for scientific and medical research purposes at only one location, the University of Mississippi. The DEA was given 30 days…