Let's Talk Hemp

Tag: hemp regulations

  • Lawyers Weigh In on USDA Interim Final Hemp Rule

    Lawyers Weigh In on USDA Interim Final Hemp Rule

    By Steven Hoffman

    As USDA seeks comments by December 30 for its new Interim Hemp Rule that lays out regulations to establish a U.S. Domestic Hemp Production Program, a big concern is the rule’s timeline for farmers getting their plants tested to make sure they don’t exceed the maximum allowed level of THC.

    The challenge is the rule requires that the plants be tested within 15 days before harvest begins. The USDA says if farmers delay harvest beyond 15 days, the plants will likely have a higher THC level than the sample. If the level exceeds 0.3%, the plants will have to be disposed of under Drug Enforcement Administration regulations because the hemp would be considered a controlled substance.

    But the 15 days aren’t much time to submit the plants and get the results needed to know whether it’s OK to go ahead and harvest the crop, Michael Bowman, a co-founder of First Crop, a public benefit company working with hemp farmers, told the Denver Post. “I would call it unworkable at this point,” Bowman said of the provision.

    Meghana Shah, a co-leader at the New York City office of Eversheds Sutherland law firm, told the Denver Post, “It doesn’t address the fact that all of the sampling and testing is essentially happening around the same time for all of the producers. There’s uncertainty as to when the results will come back and how that affects a producer’s decision to actually harvest. There are a lot of sort of logistical and practical hurdles posed by the 15-day window with not a lot of answers. That is one of the areas where USDA sought comment, so I think we can expect to see it addressed during the comment period,” Shah added.

    According to USDA, the draft hemp rule outlines provisions for USDA to approve plans submitted by states and Indian Tribes for the domestic production of hemp. It also establishes a federal plan for producers in states or territories of Indian Tribes that do not have their own USDA-approved plan. The program includes provisions for maintaining information on the land where hemp is produced, testing the levels of delta-9 tetrahydrocannabinol, disposing of plants not meeting necessary requirements, licensing requirements, and ensuring compliance with the requirements of the new part. The rule will become effective when it is published in the Federal Register. Comments received by December 30, 2019, will be considered prior to issuance of a final rule.

    To help producers and businesses make sense of USDA’s draft Hemp Rule, a number of law firms and legal experts specializing in industrial hemp have published opinions, analyses and client alerts about the impact and key takeaways of the draft rule. Here is a sampler of recent analysis, interviews and video segments with leading law firms tracking the industrial hemp marketplace about their views on USDA’s new interim hemp rules.

    Read the Draft Rule here.

    Comment on the Rule here. To date, USDA has received 714 comments on the draft rule to establish a domestic hemp program. To submit an official comment on USDA’s Interim Rule, visit here. Comments received by December 30, 2019 will be considered prior to issuance of a final rule.

     

    USDA (Finally) Releases Groundbreaking Interim Hemp Regulations
    By Garrett Graff, Hoban Law Group
    https://hoban.law/2019/10/usda-interim-hemp-regulations/

    Attorneys Scrutinize USDA Hemp Rule
    By Law Week Colorado
    https://lawweekcolorado.com/2019/11/attorneys-scrutinize-usda-hemp-rule/

    Key Takeaways from USDA Final Interim Rules for Domestic Hemp Production
    By Jennifer K. Mason and Ambur C. Smith, National Law Review
    https://www.natlawreview.com/article/key-takeaways-usda-final-interim-rules-domestic-hemp-production

    Client Alert: Legal Analysis of USDA Interim Final Hemp Rule
    By Michelle Nicole Diamond, et. al., WilmerHale
    https://www.jdsupra.com/legalnews/usda-releases-interim-hemp-regulations-71800/

    Video Interview: What Hemp Businesses Need to Know about the New USDA Hemp Rules
    Featuring Shawn Hauser, Partner, Vicente Sederberg
    https://vicentesederberg.com/updates/shawn-hauser-hemp-industry-daily-interview/

    Legal Alert: USDA’s Rule on Hemp Is Here, and It Needs Greater Clarity
    By Gregory Kaufman, et. al., Eversheds Sutherland
    https://us.eversheds-sutherland.com/NewsCommentary/Legal-Alerts/226749/Legal-Alert-The-USDAs-eagerly-anticipated-rule-on-the-production-of-hemp-is-here-and-it-needs-greater-clarity-and-would-benefit-from-more-industry-input

    Client Alert: USDA Issues Hemp Rule
    By Cameron Field, et. al., Michael Best, Attorneys at Law
    https://www.michaelbest.com/Newsroom/222606/USDA-Issues-Hemp-Rule

    One Step Toward Clarity: USDA Issues Interim Final Rule Establishing Hemp Production Program
    By Ropes & Gray
    https://www.ropesgray.com/en/newsroom/alerts/2019/11/One-Step-Toward-Clarity-USDA-Issues-Interim-Final-Rule-Establishing-Hemp-Production-Program

    USDA Interim Hemp Regulations Provide Welcome Guidance But Need Refinement
    By Mackenzie Schoonmaker and Christopher Strunk, National Law Review
    https://www.natlawreview.com/article/usda-interim-hemp-regulations-provide-welcome-guidance-need-refinement

    Will USDA’s Rule Get Hemp Over the Hump? (Maybe Not Without a Little Help from FDA)
    By Ricardo Carvajal, FDA Law Blog
    http://www.fdalawblog.net/2019/11/will-usdas-rule-get-hemp-over-the-hump-maybe-not-without-a-little-help-from-fda/

    USDA Issues Rules for Hemp Production – Many Questions Remain for Hemp and CBD Sales
    By Jay Dubow, et. al., Pepper Hamilton LLP
    https://www.pepperlaw.com/publications/usda-issues-rules-for-hemp-production-many-questions-remain-for-hemp-and-cbd-sales-2019-11-08/

    Does the USDA Rule Affect Hemp That Is Currently On the Market?
    By Cannabusiness Law
    https://cannabusiness.law/does-the-usda-rule-affect-hemp-that-is-currently-on-the-market/

     

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    Steven Hoffman is Managing Director of Compass Natural, providing brand marketing, PR, social media, and strategic business development services to natural, organic, sustainable and hemp/CBD products businesses. Compass Natural serves in PR and programming for NoCo Hemp Expo and  Southern Hemp Expo, and Hoffman serves as Editor of the weekly Let’s Talk Hemp Newsletter, published by We are for Better Alternatives. Contact steve@compassnaturalmarketing.com.

     

  • Laissez les Bon “Hemps” Rouler

    Laissez les Bon “Hemps” Rouler

    Hemp on the Bayou, a Town Hall-Style Symposium, Explores Opportunities in Hemp on May 1 During New Orleans JazzFest

    NEW ORLEANS, Louisiana (April 17, 2019) – What could be better than attending the legendary JazzFest in New Orleans, especially for retailers, manufacturers, entrepreneurs, investors, business leaders and others interested in the rapidly growing industrial hemp products market? With over 25,000 uses ranging from full-spectrum CBD hemp extract and hemp superfoods to textiles, building materials and bioplastics, now that hemp is legal in the United States as a result of the passage of the 2018 Farm Bill, its impact has the potential to change the world.

    Join hosts Morris Beegle and Rick Trojan of the Let’s Talk Hemp Podcast on Wednesday, May 1, 2019, 10:00 am – 4:00 pm, at the Central City BBQ, 1201 South Rampart Street, in historic downtown New Orleans for Hemp on the Bayou, held this year during the 2019 New Orleans Jazz & Heritage Festival. Presented as a town-hall style symposium, Hemp on the Bayou will feature a recap of the sold out NoCo Hemp Expo, educational tracks on hemp market opportunities, USDA and FDA rules and regulations, the 2019/2020 hemp forecast, growing hemp in Louisiana and throughout the U.S, policy predictions and more.

    Hemp Experts Gather in New Orleans During JazzFest

    Speakers for Hemp on the Bayou feature such industry luminaries as Tim Gordon, President of the Colorado Hemp Industries Association, and Chief Science Officer of leading CBD producer Functional Remedies; Jeffrey Cole, Senior Director of Business Development for Restorative Botanicals, maker of foods and supplements made from full-spectrum hemp extract; Dani Billings, President and Co-founder of the hemp-centric spa Nature’s Root, and founder of the Colorado Hemp Project; biological and agricultural engineer Kristy Hebert, founder of Louisiana-based Cypress Hemp; Eric Steenstra, President of Vote Hemp and Executive Director of the Hemp Industries Association; and other experts and specialists in hemp agriculture, production, sales, marketing, and business development.

    “We are beyond thrilled to combine the excitement of the hemp industry with the energy and excitement of JazzFest as we present Hemp on the Bayou to the Louisiana agriculture, entrepreneurial, music and entertainment communities,” said Morris Beegle, Co-founder of Colorado Hemp Company, producer of Hemp on the Bayou and the annual NoCo Hemp Expo, the world’s largest gathering of hemp industry professionals. Beegle is also producer of the upcoming Southern Hemp Expo, Sept. 6-7, 2019, in Nashville, TN.

    In addition to educational panels, Hemp on the Bayou will feature networking, community, collaboration, a New Orleans live music “After Party” and “Crawfish Fest,” and more. Presenting Sponsors for the 2019 Hemp on the Bayou include Restorative Botanicals and Seed2System. For tickets and information to participate in Hemp on the Bayou, visit www.hemponthebayou.com

    EarthX: Hemp Can Save the Planet

     

    In addition to hosting the upcoming Hemp on the Bayou in New Orleans on May 1st, Morris Beegle will be a featured speaker at the 2019 EarthX, April 25-28, 2019, in Dallas, TX. A leading nonprofit organization with a mission to inspire and energize the global community in ways that help create a sustainable world for all living things, and a better, cleaner, healthier world for future generations, this year’s international EarthX conference will feature a special educational track on industrial hemp. In addition to Morris Beegle speaking at the event, Southern Hemp Expo is a Sponsor of EarthX. Visit www.EarthX.org.

    Save the Date: Southern Hemp Expo

    Save the date for the 2nd Annual Southern Hemp Expo (SHE), September 6-7, 2019, in Nashville, TN. NoCo Hemp Expo is the largest gathering of hemp industry professionals in the Eastern U.S. Visit www.SouthernHempExpo.com to learn more.

    About Hemp on the Bayou

    Hemp on the Bayou is produced by the Colorado Hemp Company, a division of WAFBA LLC (We Are For Better Alternatives), based in Loveland, CO. WAFBA also is the producer of NoCo Hemp Expo, the world’s largest conference and exposition for hemp industry professionals and advocates, and the 2nd Annual Southern Hemp Expo , Sept. 6-7, 2019, in Nashville, TN. Colorado Hemp Company also is the founder of TreeFreeHemp paper and printing services. Areas of focus include product and brand development, event production, and advocacy. Hemp on the Bayou provides support to nonprofit organizations including the Jack Herer Foundation; and Hemp History Week, celebrating its 10th anniversary in June 2019. Learn more at www.hemponthebayou.com, or visit us on Facebook. 

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    Contact
    Steven Hoffman, Compass Natural, 303.807.1042, steve@compassnaturalmarketing.com
    Morris Beegle, Colorado Hemp Company, 970.541.0448, info@nocohempexpo.com