Vicente Sederberg LLP Hemp Update: June 2020
Jun 4, 2020
Update on hemp legislation, regulatory changes, and other noteworthy hemp news and events.
Hemp & Cannabinoids
The global market for hemp, CBD, and other cannabinoids is taking off, and everyone involved —from farmers and processors, to distributors and retailers, to researchers and governments — needs experienced counsel to help them navigate the quickly evolving laws and regulations that govern it. Over the past decade, Vicente Sederberg LLP has established itself as an international leader in hemp and cannabinoid law and policy. We have extensive experience with federal, state, and local hemp laws and regulatory programs, advising clients from every sector of the industry and assisting policymakers and regulators domestically and abroad to develop and implement sensible hemp policies.
Our attorneys use this experience and institutional knowledge, as well as a cross-disciplinary approach that spans several of our practice areas, to provide clients with the skills and services they need to position themselves for success. Our Economics & Research department can analyze hemp and cannabinoid market dynamics to ensure our clients are making data-driven business and policy decisions, and our Corporate and Intellectual Property attorneys help get deals done and protect our clients' brands, innovations, and trade secrets.
VS has developed strategic relationships with firms that focus on U.S. Food and Drug Administration (FDA), Federal Trade Commission (FTC), and agricultural science matters in order to ensure our clients receive best-in-class guidance when it comes to navigating the intersection of hemp law with food and beverage law, consumer protection, and related issues. Specifically, we have formed an alliance with Kleinfeld, Kaplan & Becker LLP, a Washington, D.C.-based firm that concentrates on the regulation of products subject to the jurisdiction of the FDA— food, drugs and biologics, cosmetics, medical devices, dietary supplements, controlled substances, and tobacco products — as well as advertising law and other regulatory law governing consumer products and services. We also maintain collaborative co-counsel relationships with international counsel, as well, including Canada, Mexico, and countries within the European Union and South America, allowing our clients to capitalize on opportunities not just throughout the U.S., but around the world.
LEADERSHIP
Services
- Assessing state hemp regulatory programs and assisting clients with the navigation of international, federal, state, and local laws
- Advising clients on the legal considerations for all stages of the supply chain and mitigation of risk
- Providing clients with regular legal and industry insights to empower them to make informed and strategic businesses decisions
- Helping clients maintain compliance throughout all stages of business, including cultivation marketing, warehousing, selling, and/or shipping hemp and hemp products (such as hemp-derived cannabinoid oils and isolates, hemp-based foods, supplements, beverages, cosmetics, and other products)
- Advising clients on compliance with applicable federal regulations including the Farm Bills, the Federal Food, Drug, and Cosmetic Act, federal consumer protection laws, and in understanding enforcement policies and positions of federal and state agencies such as the U.S. Department of Food and Agriculture, the Food and Drug Administration, the Federal Trade Commission, the Drug Enforcement Administration, state agricultural and health departments, and local boards of health and zoning or code enforcement departments
- Assisting clients in understanding the complex dynamics of multi-state hemp markets in order to capitalize on price trends and future demand
- Training client personnel on compliance issues (in person and virtual), providing checklists, guides, and product label, website and marketing material reviews
- Hemp-specific commercial contracts and full-service corporate representation
- Regulatory due diligence services
- Advising local and state governments and regulatory agencies on the development of hemp laws and regulations
- Engaging regularly with lawmakers and government agencies to provide comments and feedback on proposed legislation, regulations, and other policy considerations
- Helping industry groups and individual stakeholders participate impactfully in legislative and rulemaking processes
- Providing legal guidance regarding banking, insurance, and other service providers
- Facilitating access to an unmatched and large network of businesses, policy makers, investors, special counsel, venture capitalists, and other strategic partners
- Coordinating with other VS departments, including but not limited to corporate and transactional support, market research and analysis, licensing, government relations, venture financing, and compliance
People
News
Coronavirus and Cannabis: Monitoring the Impact
May 28, 2020
Vicente Sederberg is monitoring local, state, and federal responses to the coronavirus (COVID-19) and how they may impact cannabis businesses, service providers, and consumers.
Epidiolex Was Removed from the CSA. Now What?
By Corey Cox
May 28, 2020
The CBD-based medicine, Epidiolex, was descheduled by the DEA and is no longer a controlled substance. What are the implications of this change and what, if anything, does it mean for CBD products in general?
What’s Next for Texas Hemp?
By Shawn Hauser
May 19, 2020
With its incredible farming communities, over 100 million acres of farmland, and large manufacturing and research infrastructure, Texas is poised to play a significant role in the U.S. hemp industry.
U.S. Hemp Industry Launches Campaign to Support Healthcare Workers and Community Organizations on Frontline of the Coronavirus Crisis
May 19, 2020
A coalition of U.S. hemp businesses and organizations announced the launch of Hemp for Our Future, a social responsibility campaign to support healthcare workers and community organizations on the frontline of the coronavirus crisis.
The CARES Act: Impact on Hemp Businesses
By Andrea A. Golan
May 7, 2020
The CARES Act provides many food- and agriculture-related benefits to the hemp industry to offset the immediate economic impacts of COVID-19.
Hemp for Our Future: A Social Responsibility Initiative
By Shawn Hauser
May 6, 2020
Hemp for Our Future is a network of hemp businesses that support the production and donation of hemp-based materials, products, and foods to medical professionals and community organizations.
Preparing for the Rising Demand for Due Diligence in Cannabis Transactions
By Charles Alovisetti, Elliot Choi, Sahar Ayinehsazian, Corey Cox
May 5, 2020
The continuing growth of the cannabis and hemp industries has given rise to the need for specifically tailored due diligence.
Florida is Ready for the Hemp Industry
By Sally Kent Peebles, Caitlin Wightman
Apr 30, 2020
The hemp industry has arrived in Florida! After much anticipation, Florida farmers and hemp enthusiasts will finally be able to grow hemp right here in the Sunshine State.
How to Find Government Assistance for Your Hemp Business
By Shawn Hauser
Apr 28, 2020
Because hemp is federally legal, there is financial relief available to the industry, including loans, federal and state grants, and tax relief.
[Webinar] Hemp Game Changers
Apr 17, 2020
This virtual session, originally planned for SXSW 2020, features representatives from Vicente Sederberg, Canopy Growth Corporation, and Willie's Remedy discussing the future of the industry, its challenges, the environment, and more.
Coronavirus and Cannabis: Hemp Industry Updates
Apr 17, 2020
Vicente Sederberg is monitoring the potential impact of the coronavirus (COVID-19) on hemp businesses, service providers, and consumers.
Vicente Sederberg LLP Hemp Update: April 2020
Apr 16, 2020
Update on hemp legislation, regulatory changes, and other noteworthy hemp news and events.
[Webinar] Hemp and CBD: FDA Update and the Impact of COVID-19
Apr 7, 2020
Attorneys from Vicente Sederberg and Kleinfeld Kaplan & Becker discuss the hemp and CBD industry, including important FDA updates in this webinar replay.
[Webinar] Coronavirus and Cannabis: SBA Loans and Lending for Hemp and CBD Businesses
Apr 7, 2020
Watch the replay of this discussion on federal financial assistance and lending available for hemp and CBD businesses in light of the coronavirus pandemic.
Hemp Coalition Releases Additional Hemp Policy Recommendations
Mar 24, 2020
A coalition of hemp industry stakeholders, including Vicente Sederberg LLP, released a second set of new policy recommendations for officials developing federally compliant state hemp programs.
Hemp and CBD Federal Roundup: March 2020
By David Gately and David Kramer
Mar 23, 2020
A summary of recent hemp and CBD news and developments in light of coronavirus and federal updates from the FDA and USDA.
Big News from the Lone Star State: Vicente Sederberg LLP Establishes Texas Office
Mar 12, 2020
Vicente Sederberg LLP has been working hard for many years to shape cannabis policy reform in Texas... and now we're pleased to announce that we've opened an office in Austin!
FDA Issues Long-Awaited CBD Update in Report to Congress and Public Statement
By Shawn Hauser, Partner
Mar 12, 2020
The FDA issued its first report to Congress, along with a public update regarding its progress in evaluating lawful pathways for the marketing of CBD products and considering a risk-based enforcement policy. Read the summary from VS Hemp Department leader, Shawn Hauser.
Guide for Shipping Hemp and Hemp-Derived CBD Products
Mar 10, 2020
Planning to ship hemp or hemp-derived CBD products? Read this first.
Protecting Your CBD Business from Product Liability Lawsuits
By Michelle Bodian, Senior Associate Attorney
Mar 9, 2020
With any new consumer product craze, lawsuits will inevitably follow. The hemp-CBD industry is no exception. The current wave of CBD-related lawsuits has primarily been product liability claims.
Florida Government Provides Hemp Product Labeling Guidance
Mar 2, 2020
Florida Department of Agriculture & Consumer Services are informing stakeholders on the intricacies of Florida hemp labeling requirements via webinars.
Shawn Hauser Discusses Cannabis Compliance on RiskWatch Podcast
Mar 2, 2020
In this episode of the RiskWatch podcast, Shawn Hauser discusses how the legal cannabis landscape has changed over the years, how companies in the space can navigate regulatory compliance, and some core requirements for conducting due diligence.
Getting to the Root of the Problem: The 0.3% THC Hemp Standard
By Shawn Hauser, Partner
Feb 27, 2020
The beginning of federally regulated hemp has been marred by industry-wide concerns about an overly restrictive federal program, and what may come from the USDA review of more than 4,600 comments to its interim final rule governing U.S. hemp production.
Hemp Coalition Releases New Hemp Policy Recommendations & Updated Model Plan
Feb 27, 2020
A coalition of hemp industry stakeholders, including Vicente Sederberg LLP, released new policy recommendations and an updated model plan for state hemp programs.
New Jersey's Hemp Program Opens the Door to Applicants
By Jennifer Cabrera, Counsel; Michelle Bodian, Senior Associate
Feb 6, 2020
A summary of New Jersey's USDA-approved hemp regulations and licensing program.
Vicente Sederberg LLP Hemp Update: January 2020
Feb 6, 2020
Update on hemp legislation, regulatory changes, and other noteworthy hemp news and events.
Vicente Sederberg LLP Hemp Update: December 2019
Jan 2, 2020
Update on hemp legislation, regulatory changes, and other noteworthy hemp news and events.
New Law Regulates Hemp and Hemp Extracts in New York
By Jennifer Cabrera, Counsel; David Kramer, Senior Associate; Michelle Bodian, Senior Associate
Dec 19, 2019
A summary of New York's newly signed hemp law, one of the most comprehensive state laws regulating the cultivation, manufacture, and sale of hemp and hemp extracts.
Hope for Hemp Banking: Federal Guidance Clarifies and Eases Reporting Requirements
By Sahar Ayinehsazian, Associate Attorney
Dec 12, 2019
On December 3, 2019, a group of federal financial regulators took an important step to enable hemp operators to access banking services by publishing hemp banking guidance.
What You Need to Know About the FDA Consumer Update on CBD
By Shawn Hauser, Partner; Corey Cox, Associate Attorney
Nov 27, 2019
The FDA issued an update on November 25, 2019, reiterating its position on CBD products in food and dietary supplements. What does this mean for your business?
Hemp M&A Transactions: Diving into the Transferability of USDA-Issued Licenses
By Elliot Choi, Counsel; Michelle Bodian, Senior Associate Attorney; Charles Alovisetti, Partner
Nov 15, 2019
Will USDA-issued hemp cultivation licenses be transferrable? Let's dive into the USDA interim final rule to find out.
Shawn Hauser Discusses the New USDA Hemp Rules with Hemp Industry Daily
Nov 14, 2019
VS Hemp & Cannabinoids attorney Shawn Hauser sat down with Kristen Nichols of Hemp Industry Daily to discuss the meaning and impact of the new hemp rules released by the USDA.
USDA Hemp Regulations Explained by Vicente Sederberg LLP and Vote Hemp
Nov 5, 2019
Watch VS's Hemp & Cannabinoids Practice Group attorneys and Eric Steenstra of Vote Hemp explain the interim final rule USDA Hemp Regulations and outline what you need to know for your business to remain compliant.
USDA Hemp Regulations: What Was Expected, Unexpected and Unanswered
By Shawn Hauser, Partner; Michelle Bodian, Senior Associate Attorney; Corey Cox, Associate Attorney
Oct 30, 2019
Key takeaways from the USDA hemp cultivation regulations, including five expected provisions, five unexpected provisions, and five unanswered questions.
Corey Cox to Speak at CBDExpo Mountain
Oct 9, 2019
Hemp & Cannabinoids Practice Group attorney Corey Cox will speak about the legalities of CBD at the CBDExpo Mountain conference on October 12, 2019.
Can Hemp Companies Declare Bankruptcy?
By Charles S. Alovisetti, Partner; Phil Silverman, Counsel; Jason Adelstone, Law Clerk
Sep 27, 2019
One of the many issues arising out of the tension between state and federal law in the cannabis industry is whether cannabis companies can access the protections of federal bankruptcy law.
How to Sell Hemp Food Products Without Breaking the Law
By Charles S. Alovisetti, Partner
Sep 19, 2019
Despite news headlines saying that hemp is federally legal, many hemp-derived food products and supplements currently sold in the US are in violation of federal law. But some hemp food products can actually be sold in complete compliance with US Federal law. How so?
Courtney Barnes to Talk Hemp at Texas Marijuana Policy Conference
Aug 28, 2019
Attorney Courtney Barnes will speak at the annual Texas Marijuana Policy Conference on August 30, 2019 in Austin, Texas.
Key Takeaways from the U.S. Senate Agriculture Committee Hearing on Hemp Production and the 2018 Farm Bill
By Shawn Hauser, Partner; Michelle Bodian, Senior Associate Attorney; Caitlin Wightman, Law Clerk
Aug 23, 2019
Key takeaways from the U.S. Senate Agriculture Committee’s historic hearing on Thursday, July 25, 2019, where they discussed hemp production and related issues ahead of the release of federal rules.
AHPA Hemp-CBD Supplement Congress is coming to Denver!
Aug 8, 2019
The American Herbal Products Association (AHPA) will hold their first Hemp-CBD Supplement Congress on August 15-16, 2019 in Denver, Colorado. Several members of the Vicente Sederberg hemp team will be in attendance!
Five Reasons Why Texas Could Be “The Great Hemp State”
By Shawn Hauser, Partner; Courtney Barnes, Associate Attorney; Caitlin Wightman, Law Clerk
Jul 30, 2019
Here are five reasons why Texas is positioned to become one of the top hemp producers and researchers in the US, and potentially internationally.
A Look into Colorado's Key Initiatives to Remain an ‘Innovating Force’ in Cannabis and Hemp
Jul 17, 2019
Earlier this summer, Colorado Governor Jared Polis announced two major initiatives for Colorado’s marijuana and hemp industries: Colorado Hemp Advancement & Management Plan (CHAMP) and the Governor's Dashboard.
Reflections on the 2018 Farm Bill
By Michelle Bodian, Senior Associate Attorney and Caitlin Wightman, Law Clerk
Jul 17, 2019
Since the passage of the 2018 Farm Bill on December 20, 2018, much has changed in the world of hemp. Here's a recap of major hemp-related developments.
What’s Happening in the World of California Hemp?
By David Kramer, Associate Attorney
Jun 21, 2019
A number of hemp bills are passing through the California legislature. VS Attorney David Kramer dives deeper into AB-228 and SB-153.
VS Attorneys to Present at NECANN Springfield Cannabis Convention
Jun 19, 2019
Vicente Sederberg Attorneys Valerio Romano and Michelle Bodian will speak on cannabis and hemp at NECANN Springfield Cannabis Conference June 22-23, 2019.
David Kramer Discusses CBD Laws In California on 'Inside the Issues with Alex Cohen'
Jun 17, 2019
VS Hemp Attorney David Kramer discusses CBD laws on a recent episode of Spectrum News 1 'Inside the Issues with Alex Cohen.'
American Hemp Campaign Releases Model Plan for State Hemp Programs
Feb 28, 2019
Attorneys with Vicente Sederberg's Hemp and Cannabinoids Practice Group played a leading role in producing the American Hemp Campaign's model plan for state hemp programs, which will guide policymakers in the development of regulatory regimes governing hemp production across the U.S.
Congress Approves Farm Bill With Provision to Legalize Hemp Farming Under Federal Law
Dec 13, 2018
The U.S. House of Representatives gave final approval Wednesday (368-47) to the Agricultural Improvement Act of 2018, known as the farm bill, which includes historic provisions that explicitly legalize the production of hemp and establish a regulatory framework for the U.S. hemp industry. The legislation, which was approved by the Senate yesterday (87-13), is now headed to President Trump, who is expected to sign it into law before the end of the week.
In the Media
- Pot Network, "US Hemp Industry Reimagines ‘Hemp for Victory’ Campaign to Aid Frontline Coronavirus Workers," May 22, 2020
- Hemp Industry Daily, "How to Find Government Assistance for Your Hemp Business," April 27, 2020
- Cannabis Business Times, "Hemp Growers Will Need to Educate Lenders When Seeking Small Business Loans," April 8, 2020
- Law360, "Can Cannabis Survive the Virus? Hemp Has A Leg Up," April 7, 2020
- Hemp Grower, "A Guide to the Federal Stimulus Package for Hemp Businesses," April 2, 2020
- Hemp Grower, "More States Are Allowing Hemp and CBD in Foods, But Is It Legal?," February 11, 2020
- Benzinga, "The Nine Foundational Pillars of Cannabis Markets," February 4, 2020
- Natural Products Insider, "5 Things The USDA Got Wrong With Its Hemp Proposal," January 25, 2020
- Westword, "DEA Involvement Frightening to Colorado Hemp Farmers," January 23, 2020
- Law360, "Amid FDA Warning, Hemp Companies Rethink CBD," January 13, 2020
- Natural Products Insider, "Importing Hemp into U.S. Remains 'Total Crapshoot'," December 16, 2019
- Westword, "With Federal Rules Looming Can Hemp Farmers Still Strike Gold?," December 16, 2019
- PR Newswire, "Burns & Levinson and Vicente Sederberg Announce Nationwide Collaboration to Provide One-Stop Legal Services to Cannabis Industry," December 9, 2019
- Hemp Industry Daily, "'The DEA is mentioned 42 times': Hemp Industry Disturbed By Agency's Involvement in THC Testing Rules," November 19, 2019
- Natural Products Insider, "Hemp Industry Blasts DEA's Continued Involvement Under USDA Rules," November 14, 2019
- Hemp Industry Daily, "Video Interview: What Hemp Businesses Need To Know About The New USDA Hemp Rules," November 12, 2019
- Hemp Industry Daily, "Exclusive Webcast: Breaking Down the USDA's Hemp Rules," November 12, 2019
- CBD Today, "USDA, Vicente Sederberg Release Videos Explaining New Hemp Regulations," November 6, 2019
- Cannabis Business Executive , "USDA Hemp Regulations: What Was Expected, Unexpected and Unanswered," November 5, 2019
- South Dakota Public Broadcasting, "Noem Still Opposes Hemp Despite Federal Guidance," November 5, 2019
- Law360, "4 Top Compliance Issues Facing Hemp Industry," November 5, 2019
- Marijuana Moment, "USDA Releases Video Explainer On Its Draft Rules For Hemp," November 5, 2019
- CNN Business , "Hemp is Legal. Here Comes the Tricky Part," November 1, 2019
- Denver Post, "Federal Rule on Hemp Production Seen as Watershed for Growing Colorado Industry," November 1, 2019
- Westword, "Colorado's Hemp Program Must Change to Fit USDA Rules," October 31, 2019
- HEMP Magazine, "USDA Releases Draft Hemp Farming Regulations," October 30, 2019
- Marijuana Moment, "Lawmakers And Industry Stakeholders React To USDA Hemp Rules Announcement," October 29, 2019
- Hemp Industry Daily, "The USDA Hemp Rules Are Out, and They Account for Some THC Variance," October 29, 2019
- Cannabis Investing News, "Retail Sales for CBD Products are Critical," September 25, 2019
- Whole Foods Magazine, "7 Companies Join CRN, Including 4 Voting Members," August 13, 2019
- Edible Northeast Florida, "The ABC's of CBD," July 24, 2019
- Benzinga, "Will Kleidon Named Chairman of California Hemp Council," July 19, 2019
- Hemp Industry Daily, "How to prepare for new hemp production rules coming next month," July 1, 2019
- Boston Business Journal, "Mass. cracks down on CBD, roiling the emerging hemp industry," June 19, 2019
- WJCT Public Radio, "Affordable Housing; Hemp Industry; 'Chicago'," June 19, 2019
- Spectrum News 1, "'Inside the Issues with Alex Cohen' - Laws on Possessing CBD In California," June 10, 2019
- Cannabis Wire, "FDA Holds Historic Hearing on CBD to Shape the Future of the New Industry," June 3, 2019
- Marijuana Moment, "Key Takeaways from FDA's Historic CBD Regulations Meeting," May 31, 2019
- Times Record News, "Bill to Legalize Hemp Headed to Governor Abbott's Desk," May 23, 2019
- Hemp Industry Daily, "Five Things CBD Insiders are Looking for From the FDA," May 21, 2019
- Law.com, "Higher Law: Hundreds of Thoughts about CBD," May 16, 2019
- Inlander, "Federal Lawmakers Legalized Hemp in December, But a Truck Driver Could Face Five Years in Prison," May 16, 2019
- WJCT Florida Public Radio, "Florida Farms Will Be Allowed to Grow Marijuana for Hemp Fiber," May 14, 2019
- NCIA Blog, "Five Common Misconceptions About CBD," May 13, 2019
- The Austin Chronicle, "At the Capitol, Texas Tries to Catch Up With Cannabis," May 3, 2019
- The Real Dirt Podcast with Chip Baker, "Hemp Laws Explained with Vicente Sederberg LLC," April 23, 2019
- The Real Dirt Podcast, "Hemp Laws Explained with Vicente Sederberg," April 23, 2019
- Marijuana Moment, "Indiana Lawmakers Amend Hemp Bill To Allow Smokeable Flower," April 10, 2019
- Cannabis Business Times, "Texas House Committee Unanimously Approves Bipartisan Bill to Establish Commercial Hemp Farming Program," April 10, 2019
- The Dallas Morning News, "Hemp, CBD legalization bill passes first hurdle in Texas House," April 9, 2019
- Hemp Industry Daily, "Confusion, enthusiasm combine at Hemp Investor Forum," April 1, 2019
- Hemp Industry Daily, "States Get Busy on Hemp As USDA Delays National Hemp Rules Until 2020," February 28, 2019
- La Marihuana, "European Experts in the First Congress of Hemp and CBD in Southern Europe," February 14, 2019
- Civilized., "The Government Shutdown Is Stifling the Legal Hemp Industry," January 16, 2019
- Cannabis Business Times, "Texas House Committee Recommends Passage of Legislation to Legalize and Regulate Commercial Hemp Farming," January 10, 2019
- Forbes, "Cannabis Companies Expect Big Growth After Trump Legalizes Hemp," December 30, 2018
- Forbes, "Legal Hemp In 2019 May Be A Boon For Stressed Out American Farmers," December 20, 2018
- Marijuana Business Daily, "Chart: 2018 Farm Bill addresses major pain points for hemp industry," December 17, 2018
- NBC News, "Hemp industry expected to blossom under new Farm Bill," December 16, 2018
- KGNU Community Radio, "Morning Magazine Radio Show," December 14, 2018
- Westword, "Federal Hemp Legalization Could Help Spur Rural Colorado Economy," December 14, 2018
- Denver Post, "Legislators, hemp advocates say farm bill is a boon for Colorado’s growing industry," December 13, 2018
- Forbes, "No, the DEA Did Not Reschedule The CBD Compound," September 28, 2018
- Benzinga, "The DEA Is Rescheduling Epidiolex, But Not (Yet) Cannabis or CBD," July 3, 2018
- Morning AgClips, "American Hemp Campaign Formed," July 3, 2018
- Denver Relief Counseling, "10 Women in Cannabis DRC Just Loves to Love," May 17, 2017
- CannabisNow, "Hemp CBD Unaffected by DEA “Rescheduling” Panic," January 30, 2017
- SF Weekly, "What Does the Feds’ Recent Ruling on CBD Mean?," December 21, 2016
- Westword, "Colorado Cannabis Law Firm Expands to Include Hemp and CBD," January 3, 2016
