Welcome to our weekly roundup of CBD and hemp-related legal and
regulatory news:
CBD
FDA’s latest senior public health advisor
appointment could lead to CBD regulation
The FDA named Norman Birenbaum as senior public health
advisor at the agency’s Center for Regulatory Programs. From
2016 to 2019, Birenbaum oversaw R.I.’s medical cannabis and
hemp programs, as well as created the state’s Office of
Cannabis Regulation. In Dec. 2019, he was appointed as the director
of Cannabis Programs for New York State, where he supervised the
regulation and policy development of the state’s medical
cannabis and hemp programs. U.S. Hemp Roundtable GC Jonathan Miller noted the FDA’s
appointment of Birenbaum signals a positive step forward for the
regulation of hemp-derived CBDs.
– Cannabis Business Times
Okla. tops list of most CBD-obsessed
states
Okla. is the most CBD-captivated state in the U.S., according to
a Leafwell study exploring Google trends and searches. Okla. ranks
highest with a total search score of 562, followed by Vt. with a
score of 539. N.M. (533), Maine (524) and Ark. (502) round out the
top five.
– KXAN
Hemp
In line with FDA stance, Idaho bans hemp in animal
feed, pet food
The Idaho State Department of Agriculture is banning hemp and
hemp-derived ingredients in animal feed, pet food and supplements
sold in the state. The move is in consensus with the FDA and
Association of Animal Feed Control Officials, which haven’t
approved the use of hemp for those purposes. The state agency said
it would begin inspecting for hemp and hemp-derived animal feeds
starting on Nov. 1 and violations will be subject to a stop-sale
order and possible further action from regulators.
– Ganjapreneur
USDA forecasts economic benefits of hemp as
European market expands
A USDA report discusses the growing popularity of
hemp as more countries depart with prohibition. For U.S.
stakeholders interested in entering the European market, the USDA
said it’s important for producers to understand hemp
regulations vary from country to country. While businesses only
qualify for EU’s direct payments for hemp containing up to 0.3%
THC, it’s possible to plant hemp with THC levels over the EU
limit if it’s authorized by national regulations.
– Marijuana Moment
All but Wis. approve hemp building materials for
residential buildings
Hempcrete was approved for the 2024 International Residential
Code (IRC), which governs U.S. residential building codes for 49
out of 50 states, with Wis. being the sole non-participant. It was
approved as a non-structural wall infill system similar to cob and
straw bale construction. The approval applies to one- and
two-family dwellings and townhouses, and is expected to increase
the availability of hemp-based building materials and facilitate
greener construction projects around the U.S.
– Hemp Building Magazine
Hemp producers begin move to N.C., Tenn. after
crackdown by Va.’s AG
Va.’s AG is cracking down on Delta-8 THC sales citing health
concerns. The actions leave some of the state’s hemp businesses
looking to move out, particularly to neighboring N.C. and Tenn.,
and some are taking jobs with them. Claiming the dangers posed to
children eating edibles in deceptive packaging, AG Jason Miyares
(R) and the Ag. Commissioner sent warnings to producers of Delta-8
products. They interpret the Va. Food and Drink Act as giving them
the power to ban sales and deliver fines. This comes after the Va.
legislature legalized sales of Delta-8 edibles.
– WUSA9
Investors counter hemp biotech’s bid to
dismiss proposed class action
In a response brief, the named plaintiffs said 22nd Century
Group misstated the Second Circuit’s findings when it
overturned the original dismissal, arguing the panel explicitly
stated the company’s denial of an investigation was misleading.
The investors are pushing back against the hemp biotech’s bid
to dismiss their proposed class action alleging its cover-up of an
SEC investigation caused its stock to drop, arguing the complaint
shows the company and its officers knew about the investigation and
deliberately hid it to inflate stock prices.
– Law 360 (sub. req.)
Cannabis
Okla. regulator locked in multiple lawsuits
involving seed-to-sale fines
Okla.’s medical marijuana industry is facing numerous
changes following the state’s implementation of a seed-to-sale
tracking system, leaving thousands of licensees facing fines and
the Okla. Medical Marijuana Authority locked in multiple lawsuits
over the matter. The legal challenges are the latest hindrance to
the state’s efforts to use a statewide tracking system to crack
down on black market sales and improve quality control.
– The Oklahoman (sub. req.)
Lawyers debate Justice Thomas’ cannabis
statements in 10th Circuit tax suit
Although U.S. Supreme Court Justice Clarence Thomas questioned
the federal prohibition on state-legal cannabis, a Tenth Circuit
judge cast doubt on whether those statements support Standing
Akimbo’s challenge of IRS Section 280E. Judge Bobby R. Baldock said
the statement by Justice Thomas wasn’t a holding of the Supreme
Court and wondered about its usefulness in the case. Representation
for the dispensary insisted Justice Thomas was sending a signal on
what the Supreme Court would be willing to review and that the
justices would likely take on Standing Akimbo’s case.
– Law 360 (sub. req.)
Trulieve faces TCPA suit in Fla. federal
court
Carly Bittlingmeyer says in her proposed class that Trulieve sent sales texts
to her cellphone, including after multiple ‘STOP’ requests.
She claims she registered her number on the National DNC Registry
more than 30 days before Trulieve’s first text and never signed
any type of authorization permitting or allowing the placement of a
telephonic sales call by text message using an automated system for
the selection and dialing of telephone numbers. She contends the
cannabis company broke the TCPA and Fla. state law and seeks
statutory damages and an injunction requiring Trulieve to stop
telephonic sales calls made without express written consent.
– Law 360 (sub. req.)
Cannabis firm seeks default win against Calif.
bank for alleged fabrications in tax suit
According to Cann Distributors, Pacific Banking CEO Justin
Costello gave evasive testimony, flouted four court discovery
orders, pretended he didn’t remember key transactions in the
case and submitted a doctored financial statement to the court. The
cannabis company accuses the bank of failing to pay millions in
state taxes on its behalf, and asks a Calif. federal judge for sanctions and
a default judgment.
– Law 360 (sub. req.)
Federal judge denies NYC’s bid for default
judgment in cannabis TM case
U.S. District Judge J. Paul Oetken found it can’t be said that defendant
Robert G. Lopez lacks a worthy defense to the claims in this case,
even if his position isn’t likely to succeed. According to
Lopez, the NYC New York Cannabis mark with the depiction of a
cannabis leaf isn’t identical to the city’s “NYC”
mark.
– Law 360 (sub. req.)
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