On May 4, 2022, the Food and Drug Administration (FDA) issued warning letters to five companies it asserts are illegally marketing products labeled as containing delta-8 tetrahydrocannabinol (Delta-8 THC) in ways that violate the Federal Food, Drug, and Cosmetic Act (FDCA). Simultaneously, FDA issued a new consumer update “5 Things to Know about Delta-8 Tetrahydrocannabinol – Delta-8 THC.”  The consumer update and warning letters are a continuation and expansion of FDA’s efforts to warn the public about products that are not approved under the FDCA and to rein in the rapidly expanding mar ..read more

In a win for much of the booming hemp products industry, on October 6, 2021, California Governor Gavin Newsom signed AB-45 into law.  AB-45 is comprehensive legislation that regulates and legitimizes many industrial hemp products. The law excludes from the list of permissible products inhalable hemp products. The law takes effect immediately and supersedes the California Department of Public Health’s (CDPH) 2018 “FAQ” guidance on hemp-derived CBD in food, beverages, dietary supplements, and pet food. The new law allows for the inclusion of hemp and cannabinoids (e.g., CBD), extracts ..read more

California’s comparable-to-organic “OCal” certification program for cannabis and nonmanufactured cannabis products officially went into effect on July 14, 2021.  The OCal program represents a new branch of state cannabis regulation, but remains firmly rooted in existing state and federal organics standards and procedures.  Its goal is to “assure consumers” that certified OCal products “meet a consistent standard comparable to standards met by products sold, labeled, or represented as organic.” The OCal program raises a variety questions for cultivators, distributors, certifying agent ..read more

On January 15, 2021, the U.S. Department of Agriculture (USDA) announced the publication of its hemp production Final Rule in the Federal Register.  The Final Rule will go into effect on March 22, 2021.  The Final Rule largely builds upon the Interim Final Rule which was in effect for the 2020 hemp growing season.  It also takes into account feedback from three public comment periods.  Below are six key takeaways from the Final Rule: Expanding The Timeframe For Harvest Post-Sampling Under the Interim Final Rule, hemp was to be harvested within 15 calendar days of sampling ..read more

This article is the second part of a two-part article which provides an overview of Texas cannabis-related legislation and regulations affecting Texas cannabis operators and consumers.  Part I[1] covered the State’s regulations for limited medical cannabis use and consumption. In this article, we will discuss the State’s hemp program for both consumable and non-consumable products. The Miseducation of Hemp – from Banned Substance to Emerging Industry Hemp is a variety of the cannabis sativa plant which is processed in at least 2 distinct ways: one for its fiber (sometimes known as industr ..read more

*This post originally appeared as an article in the August 2020 edition of Happi Magazine. Beauty companies, including those using CBD or hemp-derived components, face an uptick in alleged false-labeling class actions. Whether the actions are justified or vexatious, one thing is certain: they are expensive to defend. By keeping the following labeling-related litigation trends in mind when considering and reviewing product labels and marketing, beauty companies can, hopefully, avoid becoming a litigation target. All-Natural Claims This most common type of false-labeling related lawsuit targets ..read more

On June 29, 2020, the Financial Crimes Enforcement Network (FinCEN) published updated guidance intended to “enhance the availability of financial services” for the hemp industry (the Guidance).  Even though the Agriculture Improvement Act of 2018 legalized hemp[1] at the federal level, some banks have hesitated to provide financing to the hemp industry because they are uncertain of their obligations under the Bank Secrecy Act or Anti-Money Laundering regulations (BSA/AML).  The Guidance was published to clarify those obligations, and follows closely on the new National Credit Union A ..read more

On March 5, 2020, the Commissioner of the U.S. Food and Drug Administration (FDA) released a statement describing the agency’s continued evaluation of cannabidiol (CBD) products and signaling issuance of an enforcement policy against sellers and marketers of CBD products. Forthcoming Enforcement Policy. To date, FDA largely has enforced only against companies making egregious health claims, such as treatment for cancer or Alzheimer’s Disease. While FDA will continue to take actions against companies marketing products with aggressive therapeutic claims, FDA Commissioner Hahn reported that the ..read more

On October 29, 2019, the U.S. Department of Agriculture (USDA) released its long-awaited interim final rule governing the U.S. Domestic Hemp Production Program. USDA has been developing these interim regulations since hemp was federally legalized under the 2018 Farm Bill. These hotly anticipated rules are important not only for hemp producers and hemp-derived product companies, but for cannabis companies interested in diversifying or pivoting into a crop that is legal under federal law. The interim final rule on hemp will be formally published in the Federal Register on October 31, 2019 ..read more

On October 12, 2019, Governor Newsom signed Senate Bill (SB) 153, a bill aimed at supplementing existing laws governing industrial hemp and conforming California’s hemp law to the requirements for a state plan under the Agricultural Improvement Act of 2018 (Farm Bill). Notable provisions of SB-153 include: A requirement that the Secretary of the California Department of Food & Agriculture, in consultation with the governor and the Attorney General, develop and submit a state plan on industrial hemp to the Secretary of the United States Department of Agriculture (USDA) on or before May 1 ..read more