Editor’s note: This article is part of a series of “ATW legal takeaways” columns by attorneys with Amin Talati Wasserman LLP.
A flood of new state legislation regarding CBD and hemp products has already been proposed, amended and enacted in just the first six months of 2023.
Due to increasing concerns regarding intoxicating hemp compounds and synthetically derived cannabinoids, pressure from the marijuana industry, as well as continued inaction by FDA to implement a federal regulatory framework, states have led the way in developing laws and regulations governing the sale and distribution of these products.
While certain regulatory trends have evolved at the state level since 2018, the state laws that have been established can best be characterized as a “patchwork” that is constantly changing and likely to cause further confusion, frustration and complications in manufacturing, selling and distributing CBD and hemp products.
2018 Farm Bill
How are states allowed to impose their own restrictions on CBD and hemp products? The Agriculture Improvement Act of 2018 (commonly known as “the 2018 Farm Bill”) removed hemp from Schedule I of the Controlled Substances Act (CSA) and legalized hemp production in the U.S. as of Dec. 20, 2018.
“Hemp” is broadly defined as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or…