Articles Posted in CBD lawyer

A growing number of U.S. companies selling hemp products and hemp-derived CBD products are forming international partnerships with suppliers. These business agreements, which frequently include arbitration clauses, must be carefully drafted by an experienced corporate CBD attorney. As a recent ruling by the U.S. Court of Appeals for the Eleventh Circuit showed, arbitration agreements and awards are likely to be enforced. Los Angeles corporate CBD lawyer

Why Cannabis Companies, CBD Corporations Use Arbitration Agreements

As our Los Angeles corporate CBD lawyers can explain, many cannabis company contracts contain arbitration clauses. Some examples include sales contracts, operating agreements, employment contracts and intellectual property licenses. Dispute resolution should never be an afterthought, so this provision is important. Continue reading

Professional athlete endorsements are gold mines for any health and fitness product. Men’s Health magazine reported earlier this year on the unlikely crop of new cannabis advocates found in former and current pro athletes. Many, like former New England Patriots Super Bowl champion Rob Gronkowski, insist cannabis and CBD are superior options for treatment of chronic pain compared to the powerfully addictive and dangerous opiates doctors have been prescribing them for years. They report that with CBD, they are sleeping better, have improved muscle recovery, suffer fewer symptoms of chronic pain, anxiety and chronic traumatic encephalopathy – without the high or risk of addiction.cbd advertising lawyer

Some have gone on record to endorse their favorite brands of CBD oils and products, joining dozens of A-list celebrities who do the same.

This has resulted in Los Angeles cannabis advertising lawyers being asked whether these endorsements violate state or federal advertising laws.

Truth is, this is still a relatively new area of law, which is why each party should consult with an attorney before soliciting, offering or publishing a CBD advertisement or endorsement. Continue reading

The legal status of cannabidiol, better known as CBD, the popular extract of the cannabis plant, remains something of a mystery – even after the changes brought about by the 2018 Farm Bill that made low-THC hemp and its derivatives legal. Los Angeles cbd lawyers

The U.S. Food and Drug Administration had already assumed the position that the substance could not lawfully be sold in food. Now, the agency has released a sharply-worded warning to the public about the possible dangers of CBD and issued notices to more than a dozen large companies that sell it, citing alleged violations of the U.S. Food, Drug and Cosmetics Act. Five of those companies are in California and one is in Los Angeles. Similar warning letters had been sent to other companies.

They are accused of unlawfully selling CBD products interstate for purposes claiming to prevent, treat, diagnose, mitigate or cure disease of a serious nature, like cancer. Some were a double violation because they were included in food products and/or advertised as being dietary supplements. The FDA press release on the warning letters noted that regulators haven’t approved any CBD products, save for those issued by prescription to treat certain rare forms of pediatric epilepsy. Even then, the agency notes that CBD might cause liver injury, but have determined the benefits of treatment outweigh the potential health concerns.

State lawmakers from California to Maine will not legally be allowed to prohibit the transport of hemp and the CBD derived from it once the U.S. Department of Agriculture publishes it’s regulations on hemp production later this year. That’s according to an advisory opinion from a department attorney, who added states already should not ban or impede the transport of hemp grown legally per a 2014 law. The opinion also specifically took issue with the seizure of 6,700 pounds of hemp seized in Idaho in January. cannabis trucking lawyer

Growing hemp, which is the non-psychoactive cousin of marijuana that has a host of industrial uses (everything fro textiles to twine), is legal under the 2018 Farm Bill Congress passed late last year. Dozens of states are actively working to create a framework to expressly allow for the cultivation and sale of hemp, as many outlawed in state statute to match federal law. Idaho is one of a handful of states where driving through with a sizable load of hemp can result in serious time in prison. Continue reading

California hemp and CBD businesses continue to struggle with the lack of access to banking – despite removal from the list of U.S. Controlled Substances Act by the 2018 Farm Bill. As Los Angeles CBD business attorneys can explain, federal lawmakers expressly called for businesses selling CBD and industrial hemp products to be treated as any other legitimate, lawful business. But that isn’t happening.Los Angeles CBD business lawyer

We can thank the lack of clear federal banking law and the reticence of financial institutions. Worse is that ramping up access to these critical business services appears to be happening in fits-and-starts.

This regulatory gray area has caused all kinds of headaches. CBD companies will have access to things like processing of credit card processing one day and the next, the institution has changed its mind, leading to a host of practical problems for businesses in terms of customer satisfaction but also just practically tracking expenses. Continue reading

California CBD lawyers have become aware of an increasingly concerning trend of arresting people for possession of CBD oil, a low-THC extract of cannabis used in a variety of health applications, often to help treat pain associated with arthritis, cancer and back injuries. As it happens, many who suffer from these ailments are in the in the over-50 crowd, and are seeking CBD treatment.CBD oil for seniors

The AARP reported early last year seniors comprise 36 percent of medical marijuana registries, and many preferred CBD (cannabidiol), which does not get a user high, to its psychoactive cousin, marijuana.

The good news is CBD oil has been removed from the U.S. Controlled Substances list with the 2018 Farm Bill (it, along with the hemp from which it’s derived, used to be classified as a Schedule I alongside marijuana), CBD has become increasingly more popular. (It is not approved for food and beverages, per the FDA.)

But there are states – California for instance – that still retain stringent regulation on CBD. There remains confusion about what is/isn’t legal, and people are still finding themselves the subject of law enforcement investigations when it’s found in their possession. Continue reading

Cannabis stores in California are clearing the shelf space for CBD-infused food and supplements, in preparation approval of Assembly Bill 228, which requires a two-thirds state Senate majority after passing in the House earlier this month.California CBD sales

However, Los Angeles cannabis law firm attorneys urge reefer retailers to exercise caution. It’s unclear whether removing the state level ban would mean companies are legally in the clear to manufacture/sell CBD-infused products and supplements so long as the U.S. Food & Drug Administration has made it clear that such sales are illegal under federal law. The agency is reportedly reconsidering this stance amid intense pressure from the cannabis industry, but thusfar, there has been no shift in policy.

At issue are hemp-derived CBD (cannabidiol), a non-psychoactive extract of the hemp plant, which is a type of cannabis that contains less than 0.03 percent THC (tetrohydrocannabidiol), the cannabis plant extract that gives users a high. The historic 2018 U.S. Farm Bill formally differentiated hemp from its cannabis cousin, marijuana, opening the door for a host of cannabis-derived products, from textiles to beauty products.

Yet even as purveyors of Southern California food and beverages in states where recreational marijuana is legal infuse THC-laden products into everything from pizza and beer to candies and chips, they haven’t technically been allowed under either state or federal law to do the same with CBD. Continue reading

Although hemp and CBD are no longer on the U.S Controlled Substances list, thanks to the 2019 Farm Bill, there are still regulatory agencies that can impose stringent restrictions on their use. L.A. CBD lawyers have been closely monitoring the evolution of federal policy and statutes pertaining to application of legal sales, in particular infusion of food and beverage products made from hemp-derived CBD. L.A. CBD lawyers

In April, the U.S. Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau (TTB) made clear that CBD made with hemp can’t be lawfully added to alcoholic drinks.

In response to a flood of inquiries submitted by L.A. CBD lawyers and other interested parties, the TTB made clear that while CBD and hemp are now federally legalized, that legality doesn’t pertain to alcohol. Continue reading

Stores throughout Southern California, in Los Angeles, Riverside, Orange County and beyond, are ramping up advertising to promote sales of CBD oil, but questions of legality persist: Who can sell it and how and whether it can be sold at all. CBD oil Riverside attorney

People across the country mistakenly presumed that the 2018 Farm Bill effectively opened the doors to all CBD sales. In fact, that is not the case, and small businesses are learning this the hard way when their shops are raided and product confiscated. Some are even facing criminal charges.

Hemp-derived CBD is now legal under federal law, but not for all purposes. Further, state law has yet to catch up, and police/prosecutors have yet to neatly map their approach with yet another federal-state legal conflict on marijuana law.

As CBD popularity has booming, businesses will want to check in with an attorney experienced in marijuana and CBD law in California to ensure they aren’t properly producing, selling or advertising CBD in a way that could jeopardize their livelihood and even their freedom. Continue reading

If you’re traveling within California via airplane, your safe to bring your personal CBD and marijuana supply without significant concern of criminal penalties (assuming you’re at least 21 aren’t carrying more than one ounce of the flower/bud or eight grams of concentrates like hash or oil, per Prop 64).Los Angeles CBD lawyer

Even after marijuana and CBD became legal for recreational use among adults in California, Los Angeles CBD attorneys would not have advised clients to take their stash to the skies. Over the last several months as federal laws have eased and state regulatory framework came together, airports like LAX began announcing last year they would allow in-state travelers to pack CBD and marijuana in personal carry-ons as long as it was state-law compliant.

However, travelers – especially those with marijuana, hash or other concentrates – still have reason to be cautious. While state and local officials have jurisdiction at airports through security checkpoints, federal agencies control post-security checkpoint areas. Continue reading

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