Notable Provisions From the USDA Final Rule for the U.S. Domestic Hemp Production Program
By Michelle Bodian
Jan 19, 2021
VS's hemp team highlights a few notable provisions from the USDA final rule for hemp.
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. We also maintain collaborative relationships with international counsel in 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.
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, 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. We are particularly excited to 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. See the "Services" tab below for more details.
Navigating the complex federal and state regulations applicable to researching, manufacturing, storing, importing, exporting, and marketing of controlled substances
Complying with the U.S. Food and Drug Administration’s ever-evolving and -technical requirements for developing, researching, manufacturing, obtaining regulatory approvals and clearances for, and marketing novel and emerging therapeutic products
Issues presented by developing professional licensure and scope-of-practice requirements applicable to researchers and healthcare providers working with novel and emerging therapeutic products.
By Michelle Bodian
Jan 19, 2021
VS's hemp team highlights a few notable provisions from the USDA final rule for hemp.
By Charles Alovisetti, Sally Kent Peebles
Jan 15, 2021
As more law firms are fielding client questions about cannabis industry transactions, it can be challenging for corporate counsel to identify when they need cannabis regulatory counsel.
Jan 11, 2021
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.
By Caitlin Wightman, Michelle Bodian
Dec 23, 2020
On December 17, 2020, the Federal Trade Commission announced robust enforcement actions against companies making deceptive claims about CBD and CBG products.
By Vicente Sederberg LLP
Dec 18, 2020
Vicente Sederberg attorneys wrote the book on cannabis law — and now you can own it! This comprehensive primer on all things cannabis law is a must-have for anyone seeking to understand the major practical legal issues facing the marijuana and hemp industries.
By Shawn Hauser
Dec 1, 2020
This week marks a historic milestone in cannabis policy as both the United Nations and the U.S. House of Representatives consider modernizing prohibitionist cannabis laws.
By Vicente Sederberg LLP
Dec 1, 2020
For our 10th anniversary, we take a look back at VS's history of leadership in cannabis law, the marijuana and hemp industries, and drug policy reform.
By Vicente Sederberg LLP
Dec 1, 2020
Read the memo VS delivered to the International Narcotics Control Board, which contests current international controls of CBD preparations and discusses the potential impacts of reform.
Nov 25, 2020
Update on hemp legislation and rulemaking, regulatory changes, and other noteworthy hemp news and events.
By Catie Wightman
Nov 16, 2020
If you are selling CBD products—even products sold exclusively online—you must follow retailer requirements in the states where you sell products (i.e., where your customers are located).
Nov 16, 2020
Planning to ship hemp or hemp-derived CBD products? Read this first.
By Michelle Bodian
Oct 29, 2020
New York State Department of Health published draft regulations for the processing and retail sale of cannabinoid hemp.
Oct 22, 2020
Update on hemp legislation, regulatory changes, and other noteworthy hemp news and events.
By Elliot Y. Choi, Michelle Bodian
Oct 20, 2020
With the USDA interim final rule delayed, where does this leave states for the 2021 hemp growing season?
By Charles Alovisetti, Michelle Bodian, Elliot Choi
Oct 19, 2020
A brief history of cannabis regulation (including hemp) in the Commonwealth.
By Michelle Bodian
Sep 10, 2020
Two opportunities to submit public comments to protect the American hemp industry throughout all stages of the supply chain.
Sep 3, 2020
Andrea will present "What Attorneys Should Know About the Legal Status of Hemp and CBD Products in California and Beyond" on September 15, 2020.
Sep 2, 2020
Exotic Canopy Solutions LLC, represented by Vicente Sederberg LLP, filed a complaint against Eastern Colorado Hemp Operations, Inc. and Curnativ Farms LLC.
Aug 24, 2020
Update on hemp legislation, regulatory changes, and other noteworthy hemp news and events.
Aug 5, 2020
Learn about grant and loan opportunities for hemp farmers and hemp-related businesses in this session with VS's Michelle Bodian and Eric Steenstra of Vote Hemp.
Jul 21, 2020
Learn about efforts being made by Agricultural Hemp Solutions and Vote Hemp to align federal legislation and USDA rulemaking with the domestic hemp industry.
Jul 13, 2020
Update on hemp legislation, regulatory changes, and other noteworthy hemp news and events.
By Michelle Bodian, David Kramer
Jul 13, 2020
The past year has seen an uptick of hemp and CBD-related lawsuits across the country. This article explores the valuable lessons for hemp and CBD businesses to learn from a few of the cases.
By Courtney Barnes
Jul 6, 2020
House Bill 843, effective August 1, 2020, includes several notable amendments to Louisiana’s hemp production and CBD programs that will impact hemp-CBD businesses nationwide.
Jun 18, 2020
Don't miss Shawn's workshop focusing on managing legal risks for hemp-CBD in supplements on June 25.
By Michelle Bodian
Jun 10, 2020
As we reflect on hemp industry progress during Hemp Week, let's also take action to move this industry forward with the following vital initiatives...
Jun 4, 2020
Update on hemp legislation, regulatory changes, and other noteworthy hemp news and events.
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?
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.
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.
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.
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.
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.
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.
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.
Apr 20, 2020
Shawn Hauser and Dwight Clark talked about SBA loans for cannabis businesses and political advocacy during Texas NORML's 420 Stream-A-Thon.
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.
Apr 17, 2020
Vicente Sederberg is monitoring the potential impact of the coronavirus (COVID-19) on hemp businesses, service providers, and consumers.
Apr 16, 2020
Update on hemp legislation, regulatory changes, and other noteworthy hemp news and events.
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.
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.
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.
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.
Mar 18, 2020
Vicente Sederberg LLP partner Shawn Hauser participated in Texas NORML's "State of Cannabis 2020." Watch it here!
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!
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.
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.
Mar 2, 2020
Florida Department of Agriculture & Consumer Services are informing stakeholders on the intricacies of Florida hemp labeling requirements via webinars.
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.
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.
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.
By Jennifer Cabrera, Counsel; Michelle Bodian, Senior Associate
Feb 6, 2020
A summary of New Jersey's USDA-approved hemp regulations and licensing program.
Feb 6, 2020
Update on hemp legislation, regulatory changes, and other noteworthy hemp news and events.
Jan 2, 2020
Update on hemp legislation, regulatory changes, and other noteworthy hemp news and events.
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.
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.
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?
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.
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.
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.
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.
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.
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.
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?
Aug 28, 2019
Attorney Courtney Barnes will speak at the annual Texas Marijuana Policy Conference on August 30, 2019 in Austin, Texas.
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.
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!
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.
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.
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.
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.
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.
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.'
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.
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.