Section 201(ff) of the FD&C Act defines dietary supplements to exclude products that contain active drug ingredients (ie, ingredients that have been approved under section 505 of the

Continue Reading FDA seems willing to make room for a drug ingredient in a supplement, but what does that mean for CBD? NAC and the Drug Exclusion Clause of 201(ff)

Interest in cannabis is at an all-time high. In 2020, Americans bought $18.3 billion in cannabis products, a $7.6 billion increase from 2019. The surging popularity of the plant is running parallel to the move towards legalized cannabis. With the removal of hemp from the CSA controlled substance list, and as ever more jurisdictions broadly legalize cannabis products (with New York being the latest), some financial institutions are finding it more compelling to “go green.” 
Continue Reading Financial Services in the Cannabis Industry: A Compliance Guide

The Bankruptcy Court for the District of Colorado has issued another decision with ramifications for debtors in the cannabis industry by dismissing the chapter 11 cases of United Cannabis Corporation (UCANN) following assertions that UCANN was not merely a producer of hemp-CBD products but also involved in the marijuana industry.
Continue Reading Colorado Court Denies Bankruptcy Relief for Debtors With Ties to Marijuana Industry

In this inaugural article we will introduce each type of intellectual property protection and set out some preliminary questions raised by the legalization of hemp. In the series of posts which follow, we will explore the answers to those questions and continually update those answers as the hemp and CBD regulatory and legal landscape continues to evolve.
Continue Reading Intellectual Property and Hemp/CBD

The hemp industry is growing on a global scale with many private equity groups, investors, venture capitalists, industry leaders, and established corporations seeking to take advantage of consumer and commercial opportunities in this industry. However, many hemp producers, investors, and corporations alike worry about complying with the hemp regulations since there is an inconsistent patchwork at the state and local level and complex, evolving federal regulations.
Continue Reading Consequences of Producing Non-Compliant Hemp