‘hemp’
Are State Bans on the Importation of Marijuana Next to Fall Under the DCC?
Aug. 22, 2022—In the last two years, plaintiffs have successfully challenged state residency requirements for marijuana licenses by invoking the Dormant Commerce Clause (DCC), an implied doctrine of federal constitutional law that bars states from discriminating against or imposing undue burdens on interstate commerce. See this post for recent developments in those cases. I provide an in-depth...
Update: State Judge Upholds Idaho Seizure of Massive Hemp Shipment (and Gets Lost Along the Way)
Feb. 3, 2020—This is an update on an interesting case I blogged about last January. See Federal Court Refuses (for now) to Order Return of 7,000 Pounds of “Hemp” Seized by State Police. I encourage readers to review my earlier post before diving into this post, which covers some key developments in the case since last January,...
The Evolving Federal Response to State Marijuana Reforms
Nov. 4, 2019—I have just posted a new article discussing how the federal government’s response to state marijuana reforms has evolved over the past 23 years (and through 4 presidential administrations). Readers might be especially interested in the last section of the article, where I discuss how the federal response to state reforms is likely to change...
USDA Releases Draft of Proposed Hemp Regulations
Oct. 29, 2019—The United States Department of Agriculture (USDA) has just released its interim rules for the regulation of hemp. The draft rules are designed to fulfill the agency’s responsibility under the 2018 Farm Bill to establish a domestic hemp program. Per the USDA’s document, This interim rule will help expand production and sales of domestic hemp,...
States have Proposed Hemp Regulations, but None Yet Approved by USDA
Mar. 4, 2019—As I explained back in Nov., the 2018 Farm Bill makes some important changes to federal law governing marijuana. See New Congressional Farm Bill Legalizes Some Marijuana. By redefining “marijuana” to exclude hemp (i.e., cannabis plants with very low levels of THC), the Farm Bill legalizes the manufacture, distribution, and possession of those cannabis plants as...
Federal Court Refuses (for now) to Order Return of 7,000 Pounds of “Hemp” Seized by State Police
Feb. 13, 2019—In late January 2019, Idaho state police seized a shipment of nearly 7,000 pounds of cannabis plant material on its way from Oregon to Colorado. They have also charged the driver of the truck with felony marijuana trafficking. See coverage of the case at CNN.com, here, and at the Idaho Statesman, here. The case raises...
New Congressional Farm Bill Legalizes Some Marijuana
Dec. 13, 2018—[Updated 12/21 10:45 am: As expected, President Trump signed the Farm Bill into law on Dec. 20. The Commissioner of the FDA also issued a notable statement on the Bill (h/t to Doug Berman). The Commissioner emphasizes the points I make below regarding the ongoing limitations imposed by the FDCA on the use of CBD...
Is CBD Legal Under Federal Law?
Sep. 28, 2018—[Update 12/21 10:45 am: Readers should note that the 2018 Farm Bill has important ramifications of the legality of CBD under federal law. I discuss the Farm Bill and its implications for CBD in this post here. In a nutshell, the Farm Bill makes it legal to possess, manufacture, and distribute CBD extracted from all cannabis plants...