On March 28, 2019, South Carolina enacted the Hemp Farming Act (Act), which governs the cultivation, handling, and processing of hemp in South Carolina. The Act repealed (with limited grandfathering provisions, as described below) the existing statutes that created the…

In Canada’s increasing liberalization of its cannabis related laws, the manufacture and sale of THC-containing edibles (food, beverages, extracts and topicals) will become legal on October 17, 2019, although these products will not find their way (legally) onto the market…

The 2018 Farm Bill removed industrial hemp and all derivatives (including hemp derived CBD) from Schedule I of the Controlled Substances Act (CSA). It also provided that intentional violations of the Farm Bill, including unlicensed production of industrial hemp, must…

The U.S. Food & Drug Administration (FDA) is under increasing pressure to provide regulatory guidance for using hemp-derived cannabidiol (CBD) in food. Currently, there is no clear route forward, and the FDA rulemaking process will take years. While the recent…

The legalization of medical marijuana in several jurisdictions throughout the US presents employers with the difficult task of reconciling their anti-drug policies with those state statutes authorizing marijuana use for medical purposes. Adding an additional layer of complexity to this…

Despite state laws decriminalizing varying types of its use, cannabis remains a Schedule 1 controlled substance under the Controlled Substances Act of 1970. As a result, the sale, use, and distribution of cannabis remains a federal crime. Individuals and businesses…

Marijuana businesses in the US and US investors in foreign marijuana businesses face a potpourri of federal tax issues. For example, the federal income tax treatment of a domestic marijuana business presents challenges for those entering the field. In 1982,…

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