Legal Insights

Perspectives on Cannabis, Hemp, Beverage and Psychedelic Law

The FDA has NOT adopted any regulations for industrial hemp or industrial hemp derivatives like CBD in food products, drugs, cosmetics, or dietary supplements.
Regulatory Compliance
Blair Gue

Hello, FDA? The Industrial Hemp Industry Would Like to have a Word with You!

Background: 2018 Farm Bill Legalizes Industrial Hemp Cultivation In December of 2018, the 2018 Farm Bill (the “Farm Bill”) was signed into law by the Federal government. Among other things, the Farm Bill legalized the production of industrial hemp as an agricultural commodity and removed hemp and derivatives of cannabis with extremely low concentrations of the psychoactive compound delta-9-tetrahydrocannabinol (“THC”),

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SB-153, A Bill Regulating Hemp Cultivation in California, Heads To The Governor's Desk for Signature
New and Pending Legislation
Rogoway Law Group

SB-153, A Bill Regulating Hemp Cultivation in California, Heads To The Governor’s Desk for Signature

SB-153, a bill regulating production of industrial hemp, is officially engrossed and enrolled, which means it is headed for Governor Gavin Newsom’s desk for signature.   After being signed into law, SB-153 will govern hemp cultivation and testing in California. Key Provisions of SB-153 Include: Set registration requirements for hemp production. Revise the provisions regulating the cultivation and testing of hemp

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Senator McConnell Prods FDA Regarding Hemp-Derived CBD Regulation
New and Pending Legislation
Rogoway Law Group

Senator McConnell Prods FDA Regarding Regulation of Hemp-Derived CBD and Derivative Products

On September 17, Senate Majority Leader Mitch McConnell submitted language into a congressional spending report which will force the FDA to reveal their policy on hemp-derived CBD enforcement sooner rather than later.  If approved by the Senate, the amended spending report could provide clarity for industry stakeholders and banks on the sidelines who eagerly await participation in the hemp-derived CBD

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New and Pending Legislation
Rogoway Law Group

[UPDATE] What’s Next After Senate Appropriations Committee Holds AB 228 on Suspense?

We have been closely tracking the introduction and movement of AB 228, a crucial bill that would legalize the retail sale of food, beverages, and cosmetics containing industrial hemp-based CBD and other derivatives, in Sacramento. Like others in the industry, we were fairly optimistic that California’s legislature would pass AB 228 in September 2019, legalizing the sale of hemp-derived CBD products and

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[BREAKING] California Senate Appropriations Committee to Vote on Assembly Bill 228.
New and Pending Legislation
Rogoway Law Group

[BREAKING] California Senate Appropriations Committee to Vote on Assembly Bill 228

The Current Status of Assembly Bill 228 (“AB-228”) AB-228, the long-awaited bill that would legalize the manufacture and sale of food, beverages, and cosmetics containing hemp, is finally being voted on this Friday (August 30, 2019) by the California Senate Appropriations Committee.  Currently, the bill is in the Appropriations Committee’s suspense file. Possible Outcomes of Friday’s Vote on Assembly Bill

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What AB-228 Means for Industrial Hemp Product Manufacturers & Re
Regulatory Compliance
Rogoway Law Group

If AB-228 – Food, Beverages, and Cosmetics: Industrial Hemp Products – Passes, Then What?

AB-228 – Food, Beverage, and Cosmetic Adulterants: Industrial Hemp Products – has generated substantial buzz ever since Assembly Member Cecilia M. Aguiar-Curry introduced it back in January 2019. And rightfully so; if AB-228 passes, it will likely open the door to increased shelf space in major grocery stores and retail outlets for food, beverage and cosmetic products containing industrial hemp.   Specifically,

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This blog grapples with a common misunderstanding about hemp and hemp-derived CBD in the United States, specifically the belief that everyone is now freely permitted to cultivate and sell hemp and products containing hemp-derived CBD.
Regulatory Compliance
Rogoway Law Group

Hemp in the U.S. – Not Quite a Genie Unleashed

This blog grapples with a common misunderstanding about hemp and hemp-derived CBD in the United States, specifically the belief that everyone is now freely permitted to cultivate and sell hemp and products containing hemp-derived CBD. In truth, the hemp genie remains confined by some very significant regulations and restrictions, some of which we summarize below and some of which we

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FDA's Hemp Regulations Post AIA
New and Pending Legislation
Rogoway Law Group

FDA Regulation of Hemp Post Agricultural Improvement Act of 2018

On December 20, 2018, the Agricultural Improvement Act (“AIA”) of 2018 was signed into law. Among the changes made within the AIA was the long-awaited legalization of industrial hemp. The AIA removes hemp (defined as cannabis and derivatives of cannabis with less than 0.3% THC on a dry weight basis) from the Controlled Substances Act (“CSA”). This removal of hemp

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