Author: Rod Kight

[ad_1] Maryland hemp industry scores big victory over monopolistic cannabis law.The Maryland hemp industry obtained an injunction today prohibiting the enforcement of Maryland Code Ann. Alc. Bev. §36-1102, known as the Cannabis Reform Act (CRA), “against any person who was already lawfully in the business of selling hemp derived products prior to July 1, 2023.” In an expansive ruling, Washington County Circuit Court judge, Brett R. Wilson, found that “the interests of [the hemp industry] Plaintiffs are not ‘merely academic, hypothetical, or colorable’ but rather, they are interests of survival, prosperity and, indeed, of life, liberty, and property.” As with…

[ad_1] Virginia Hemp Industry Suffers Major Loss in Court RulingOn October 30, 2023, Judge Leonie Brinkema in the United States District Court for the Eastern District of Virginia issued a memorandum opinion in the case Northern Virginia Hemp and Agriculture LLC, et al, (Plaintiffs) v. the Commonwealth of Virginia et al., (Defendants). The Court issued its opinion on the plaintiff’s Motion for Preliminary Injunction asking for an order enjoining the Defendants from enforcing provisions of Virginia law that impose a limit on substances containing tetrahydrocannabinol (THC) according to their concentration of “total THC” or a “synthetic derivative of THC” instead…

[ad_1] Rod Kight discusses hemp derived beverages, THCa, and the future of hemp with Gary Kaminsky on the High Spirits podcast.Earlier this month I spent an engaging hour with my friend and colleague, Gary Kaminsky, Chief Legal and Regulatory Counsel at Core Investment and Chief Regulatory Advisor to American Trade Association for Cannabis and Hemp (ATACH). We discussed hemp-derived THC beverages, THCa, and the future of hemp and cannabis on the High Spirits cannabis podcast, expertly hosted by Benjamin Larson and AnnaRae Grabstein. The title of the podcast is, “Myths, Misperceptions, and the Reality of Hemp-Derived Product Laws“. You can…

[ad_1] Yes, the hemp industry wants reasonable regulations.Earlier this week I published an article calling out CANNRA, a marijuana association, for behavior that is anti-cannabis and prohibitionist. While my claim may seem hyperbolic, and even caused one of my friends to inquire if it was “satire”, the premise of the article is that “hemp” is “cannabis”, and attempts to prohibit access to it, either directly by prohibition or indirectly by over-regulating it to extinction, are, by definition, “anti-cannabis” and “prohibitionist”. With respect to CANNRA, for the reasons I discussed in the article, its proposals to Congress would effectively destroy the…

[ad_1] IS CANNRA the new face of cannabis prohibition?For anyone in the cannabis industry who has not spent the last six months in a sensory deprivation chamber, the imminent expiration of the Agriculture Improvement Act of 2018 (the “2018 Farm Bill”) at the end this month likely brings feelings of anxiety, hope, and concern for the future of cannabis in the US. This is because the 2018 Farm Bill broadly legalized cannabis in the form of “hemp”, which is defined in 7 U.S. Code § 1639o(1) as[T]he plant Cannabis sativa L. and any part of that plant, including the seeds…

[ad_1] A federal court in Arkansas just issued a ruling with sweeping implications for the hemp industry. (Photo credits: Rakicevic Nenad)A federal court in Arkansas just issued a landmark ruling enjoining enforcement of a recently enacted hemp law. Due to its broad findings, the ruling arguably makes this the single most important hemp case to date and one that every participant in the hemp industry should read. The order itself only applies to the Arkansas law. However, the court’s findings have sweeping implications for hemp laws in states across the country. It is not an overstatement to say that every…

[ad_1] The US department of Health and Human Services recommended that marijuana be rescheduled.Note from the editor: This is an article about the HHS’s recommendation to the DEA that marijuana be reclassified to Schedule III that I wrote for the American Journal of Endocannabinoid Medicine. You can read the original by clicking here.In a historic decision, the US Department of Health and Human Services (HHS) recommended rescheduling marijuana to Schedule III. Currently, it is listed in Schedule I. The HHS’s recommendation, which was made to the US Drug Enforcement Administration (DEA), was prompted by a request last year from the…

[ad_1] Doctors are increasingly required to understand the health and legal implications of cannabis. Image by jcomp on FreepikPatients increasingly ask doctors for guidance in using cannabis. This article, originally published in the American Journal of Endocannabinoid Medicine (AJEM) on July 12, 2023 and reprinted here by permission, discusses the current rules, regulations, and considerations for doctors when discussing or recommending cannabis to patients and removing the barriers for physicians to communicate openly with their patients about cannabis.1,2    As a cannabis lawyer, I am often asked, “When will cannabis finally be legalized?” My typical response is, “Cannabis is already legal.” Even from…

[ad_1] Hexahydrocannabidiol, also known as “H4 CBD” is starting to appear in the market. While in the Netherlands this Spring I noticed cannabis products sold in smartshops (similar to smoke shops in the US) that contained the cannabinoid H4 CBD. I discussed these products with one smartshop owner, who informed me that sales of H4 CBD were increasing rapidly. Shortly afterwards, a client of mine who was also traveling in Europe for business said that he was negotiating an H4 CBD supply contract. Over the past two months I have begun to see products containing H4 CBD for sale in the…

[ad_1] Sign the “Stop the Ban” petition to help save the NY hemp industry.The New York hemp industry needs your support to force a change in new “emergency” regulations issued by the Cannabis Control Board (CCB) on July 19 that dramatically restrict and even prohibit many types of hemp products that are commonly sold throughout the US. You can show your support by signing the “Stop the Ban” petition. New Yorkers should also contact their state representatives and regulators to let them know how losing access to these products and the ability to distribute them lawfully will harm consumers and…

[ad_1] Operation Kandy Krush swept across Florida’s hemp industry last week.The Florida Department of Agriculture and Consumer Services (FDACS) conducted an inspection sweep of over 475 businesses in the state that either manufacture or distribute hemp-derived products. As a result of this dragnet, FDACS observed nearly 70,000 packages and products that it deemed to be “illegally targeting children.” This concerted effort, dubbed “Operation Kandy Krush”, focused on hemp operators with products designed to “appeal to children” and was done in an effort to “enforce the law to keep our communities safe.”Many readers of this blog know that Florida’s recently enacted…

[ad_1] Editor’s note: This article is a guest-post written by my colleague, Jen Reise, the Head of Business and Cannabis at North Star Law Group in St. Paul, Minnesota. Exciting times in the North Star State: in May, Minnesota became the 23rd state to legalize recreational adult-use cannabis.At the same time, Minnesotans are already enjoying the hemp-derived THC beverages widely served at restaurants and breweries – pioneering a social consumption model unique in the nation.  This article addresses:Expected timing and implementation in MinnesotaLicensing structureThe future of the hemp-derived THC beverage marketOther points of interestTimingGov. Walz signed the bill into law at…