Smokable hemp is one of the fastest growing submarkets of the hemp industry, but hemp growers and manufacturers in Texas may not be able to take advantage. A pair of cases in Texas district and appellate courts are trying to make sure that’s not the case. Continue Reading Texas Courts Hear Oral Arguments Regarding State’s Smokable Hemp Ban
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USDA Finalizes Rule to Establish Domestic Hemp Production Program
In November 2019, we reported that the United States Department of Agriculture (USDA) issued an interim final rule establishing a domestic hemp production program that was intended to go into effect for two years before being replaced by a final rule. On January 19, 2021, USDA published that final rule after considering nearly 5,900 public comments and incorporating lessons learned from the 2020 growing season. While the final rule focuses on industrial hemp production, not processed hemp products (such as CBD derived from hemp), it may be particularly important to those who wish to exercise due diligence on their agricultural supply chains. It will be effective March 22, 2021, unless the new Administration changes the timeline. Continue Reading USDA Finalizes Rule to Establish Domestic Hemp Production Program
Virginia becomes the most recent state to regulate hemp extracts as food
In early April, Virginia Governor Ralph Northam signed Senate Bill 918, approving industrial hemp extract, such as cannabidiol (“CBD”), as a food, subjecting it to applicable laws and regulations. The bill defines “food” as “any article that is intended for human consumption. . . [and] does not mean drugs as defined in [Va. Code] § 54.1-3401.” The bill establishes requirements for the production and manufacture of hemp extracts and authorizes the Virginia Board of Agriculture and Services to adopt regulations regarding contaminant tolerances, labeling, and batch testing. Continue Reading Virginia becomes the most recent state to regulate hemp extracts as food
USDA Issues Interim Final Rule on Hemp
Last week, the United States Department of Agriculture (USDA) issued its interim final rule on the establishment of a domestic hemp production program. It is intended to be effective for two years and then be replaced with a final rule. The rule outlines provisions for USDA to approve plans submitted by States and Native American tribes for the US domestic production of hemp. Continue Reading USDA Issues Interim Final Rule on Hemp