Articles Posted in hemp

Lawmakers, worker rights advocates, cannabis industry leaders and criminal defense lawyers are expressing outrage after a trucker hauling hemp was arrested on felony state charges in Idaho for transporting an unlawful substance across state lines from Oregon.truck accident lawyer

The incident occurred a month after the  2018 U.S. Farm Bill that legalized commercial hemp at the federal level went into effect. So long as the hemp contains less than 0.03 percent tetrahydrocanabidiol (THC), it is now legal under federal law for cultivation, production, transportation and sale.

The case underscored some of the worst fears expressed by trucking companies and drivers about hauling these products. Cannabis industry suppliers, carriers, vehicle owners, drivers and contractors scrambling to understand what happened, learn how to protect their operations and advocate for a driver who almost certainly didn’t think he was doing anything illegal. Continue reading

Intellectual property rights for cannabis, marijuana, CBD and hemp have long been a point of serious contention for CBD businesses. Now, with both hemp and CBD decriminalized, removed from the list of federally-controlled substances, intellectual property rights for these newly-legal crops are now strengthened. intellectual property law

Hemp farming attorneys in Orange County noted the U.S. Department of Agriculture’s recent announcement that growers of hemp can now officially submit applications for protection of their intellectual property.

Hemp Intellectual Property Protections Offered

Now for the first time since the ill-fated War on Drugs launched, the USDA’s Plant Variety Protection Office expressly affords intellectual property right protection to hemp cultivators, instilling the power to pursue claims against other growers who attempt to capitalize on unique variety of plants developed by other farmers. 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

The U.S. president’s signature on the major farm bill earlier this month was a big win for legalized hemp. However, our Los Angeles marijuana product sales attorneys have just learned the passage of that measure won’t necessarily grant blanket protection for CBD oil, after the U.S. Food and drug administration issued warnings to a number of cannabis product makers making certain health claims about products produced with CBD, formally known as cannabidiol.  The hemp-derived extract is becoming increasingly popular in a range of products, including foods, lotions and medicines.Los Angeles CBD oil attorney

A week after the farm bill was passed, the FDA Commissioner issued a statement underscoring the department’s position on CBD oil and related products. The commissioner stated in plain terms that CBD oil is a drug ingredient, and thus is unlawful to put in food or health products absent any prior approval from the FDA, with the main concern being potential risk to patients when products haven’t been proven to be effective or safe.

Remember: CBD is the non-psychoactive compound found in hemp, which is a version of the cannabis plant that is very low in THC. It’s the THC infused naturally in marijuana that gives off the high. CBD is in a number of medications that are approved by the FDA for treatment of certain ailments. Epidiolex, a CBD-oil infused syrup used to treat seizures, is one, having just received its stamp of approval this past summer.  Continue reading

With Congress having reached an accord on the Agriculture Improvement Act of 2018, which includes a provision to lift the federal ban on cultivation of industrial hemp, the proliferation of hemp farming in California and across the country is expected to grow exponentially. California hemp farming attorneys know that up to this point, the U.S. has been the only industrialized nation wherein industrialized hemp isn’t already an established crop. The provisions of the act amend the Controlled Substances Act of 1970 to indicate industrial hemp plants containing no more than 0.3 percent THC won’t be classified any longer as a schedule I narcotic. The measure gives states, rather than the federal government, authority regulate commercial hemp production and sales. California hemp farmer attorney

It’s a measure that could potentially be a cash cow for California farmers, as well as those across the U.S.

Hemp is defined in California Health and Safety Code Section 11018.5 as the fiber or oilseed crop limited to types of the cannabis plant with no more than three-tenths of THC. It’s production is overseen by the California Industrial Hemp Program, with Division 24 of the California Food and Agricultural Code providing for the cultivation of industrial hemp by registered growers as well as established agricultural research sites. The reason this federal measure is so important is that up until that law goes into effect, hemp is still considered a Schedule I narcotic per the CSA, which California hemp farming attorneys know means unless specifically exempted there, any hemp-related activity is still technically subject to federal prosecution, no matter what the state law says. Continue reading

Farmers and distributors in North Dakota will soon be able to grow, produce and sell industrial hemp.hempjuice.jpg

This is yet another victory for those who have been pushing for an entry for local production in the U.S. market. Last year, the Hemp Industries Association estimated the plant, which has a host of valuable purposes, ranging from baby care to foods to auto parts to building materials to clothing. The hemp market nationwide was estimated to be around $620 million in 2014.

Even though hemp has no intoxicating properties, it’s been heavily restricted by federal authorities in the same manner as cannabis. That changed when President Barack Obama signed the 2014 Farm Bill, which contained an amendment that allowed for the legalization of hemp cultivation and production for research purposes. The measure also allowed states that had legalized the crop to continue growing it within the parameters set forth by the state’s agriculture department and local research institutions.
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It is now legal to cultivate industrial hemp in the state of California – maybe.
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Although Gov. Jerry Brown (D) has signed a groundbreaking measure that effectively legalizes industrial cultivation in the state, our California hemp lawyers know that it is contingent upon approval from the federal government.

Sen. Mark Leno (D-San Francisco), author of SB-566 Industrial Hemp, said the passage of the measure puts California in a prime position to grow industrial hemp, as soon as the federal government offers up the green light.
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The battle for safe, legal access to marijuana is not simply limited to those who require it medically or want to indulge for recreation.
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Currently, the wide-sweeping federal ban on the plant also encompasses the production of industrial hemp, a product that has proven incredibly versatile and useful. However, our Los Angeles marijuana lawyers know that its use has been tightly restricted, despite the fact that 10 states have pleaded with federal authorities to ease their stance.

It appears today those interest groups may finally have a good shot at success, with the Industrial Hemp Farming Act (Senate Bill 359 and House Resolution 525) are pending in both chambers. Additionally, an amendment to the Farm Bill, cosponsored by a Republican from Kentucky and a Democrat from Oregon, passed the House in July and is now slated for a hearing before a joint House-Senate conference committee.
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