SCarr

The FDA on CBD: What to Know Before Opening Shop

Many people assume that any and all hemp-derived CBD products are legal and can be sold pursuant to passage of the 2018 Farm Bill. But those people are wrong and could unknowingly place themselves in legal jeopardy. For practitioners looking to break into the cannabis law field, understanding the U.S. Food and Drug Administration’s (FDA's) position on CBD products in food or cosmetic products is a good way to start. The 2018 Farm Bill exempts hemp and hemp-derived products, including CBD, from the Controlled Substances Act (CSA). But the FDA has made clear that it retains authority to regulate products…

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SCarr

Waiting for the Smoke to Clear

Waiting for the Smoke to Clear Reconciling Workplace Drug Policies and Cannabis Laws While Uncertainty Rages My first post addressed the differences and respective legal status of marijuana and hemp to serve as a primer for the material covered in this blog. In this second post I will begin an in-depth look into a clear area of opportunity: cannabis-related employment law. Employers need legal guidance to reconcile their workplace drug policies and procedures in the face of shifting state and federal laws regarding marijuana and hemp. Unfortunately, this task is easier said than done given the divergence of legal precedent.…

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SCarr

Know Before You Grow: Marijuana versus Hemp

Growing a cannabis law practice requires a working knowledge of the legal and botanical differences between marijuana and hemp so practitioners can interpret current laws and anticipate future laws. The following is a simplified, step-by-step guide to understanding their relationship and key differences. This information will be the primer for future posts about legal opportunities in the cannabis field. Step One: All in the Family If you’re a bourbon aficionado or have the pleasure of calling yourself a Kentuckian, you know that all bourbon is whiskey but not all whiskey is bourbon. The same logic applies here: both marijuana and…

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