4 Things Hemp Lawyers Want You To Know Before You Sell CBD Products

You've probably heard this by now, but hemp and hemp-derived cannabidiol (“CBD”) were previously classified as Schedule I controlled substances under the Controlled Substances Act of 1972. That changed with the passage of the Agriculture Improvement Act of 2018 (the “2018 Farm Bill”) which, among other things, decriminalized hemp and hemp-derived CBD. Now, consumer demand for products containing hemp-derived CBD is at an all-time high, and retailers of all types and sizes are rushing to incorporate CBD products in their consumer good offerings. But before you offer and sell CBD products in your store, keep these thoughts in mind.

Hemp-Derived CBD is Legal, but That's Not the End of the Story.

The 2018 Farm Bill ushered in a new era for the domestic production, transportation, and sale of hemp and CBD products. But, it did not fully resolve all legal and regulatory questions for the industry. On the contrary, CBD and CBD products are now subject to a host of new laws and regulations. The Food and Drug Administration (“FDA”) has clearly stated its position that it is unlawful to introduce food containing added CBD or THC into interstate commerce or to market CBD or THC products as, or in, dietary supplements, regardless of whether the substances are hemp-derived. Both the FDA and the Federal Trade Commission have issued warning letters to producers and sellers of CBD retail products. And, many state-level regulators have decided to follow the FDA's lead on this issue.

It's Important to Know the Law.

The CBD industry is new. We've had less than one year of growth and development under the current regulatory regime. The laws and regulations are evolving, and it is extremely important that you have an understanding of those laws and how they impact your operations. It is not just federal law that matters. Individual states across the U.S. are adopting and implementing state-level hemp laws and regulations to govern the industry and the production and sale of CBD products within their borders. If you are not familiar with the legal requirements for the...