In a non-public letter sent earlier this week, the US Department of Health and Human Services (HHS) recommended to the US Drug Enforcement Administration (DEA) that marijuana be re-classified under the Controlled Substances Act (CSA) from Schedule I to Schedule
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Two hemp-derived CBD bills are re-introduced despite FDA’s call for a different legislative fix
We’ve written previously about FDA’s denial of three petitions requesting that the agency issue a regulation that would allow cannabidiol (CBD) products to be marketed as dietary supplements. FDA also issued a call for a legislative fix to allow broader…
FDA seems willing to make room for a drug ingredient in a supplement, but what does that mean for CBD? NAC and the Drug Exclusion Clause of 201(ff)
Section 201(ff) of the FD&C Act defines dietary supplements to exclude products that contain active drug ingredients (ie, ingredients that have been approved under section 505 of the FD&C Act or have been authorized for investigation as a new drug…
A Green Light for Canna-Research? Medical Marijuana and CBD Research Bill on the Cusp
The House has passed a revised version of the Medical Marijuana and Cannabidiol Research Expansion Act, HR 8454, sending it back to the Senate for action. With previous bipartisan approval, the legislation is expected to soon head to the President’s…
Federal agencies’ current positions on hemp-derived CBD products
At the federal level, multiple agencies have oversight over the marketing, sale, distribution, and transportation of hemp-derived CBD products. The chart below offers a high-level summary of these federal agencies’ current positions on products containing hemp-derived CBD.
Note that we…
Colorado Court Denies Bankruptcy Relief for Debtors With Ties to Marijuana Industry
By Stuart Brown & Erik Stier
The Bankruptcy Court for the District of Colorado has issued another decision with ramifications for debtors in the cannabis industry by dismissing the chapter 11 cases of United Cannabis Corporation (UCANN) following assertions that UCANN was not merely a producer…
The US Hemp Production Handbook
The US Hemp Production Handbook offers a high-level, concise overview of the basic rules and regulations for producing hemp in the United States.
This handbook highlights commonalities and distinctions between State/Tribal Plans and the Federal Plan. Among other topics, the…
Intellectual Property and Hemp/CBD
In this inaugural article we will introduce each type of intellectual property protection and set out some preliminary questions raised by the legalization of hemp. In the series of posts which follow, we will explore the answers to those questions…
Consequences of Producing Non-Compliant Hemp
By Matt Miehl
The hemp industry is growing on a global scale with many private equity groups, investors, venture capitalists, industry leaders, and established corporations seeking to take advantage of consumer and commercial opportunities in this industry. However, many hemp producers, investors, and…
Welcome to Cultivate!
By Matt Miehl
Welcome to Cultivate! A DLA Piper blog focusing on critical legal issues affecting the nascent hemp and CBD industry. The CBD industry is brand new; and the laws and regulations affecting it are in a seemingly perpetual state of flux.…