News + Insights

New Day, Same Story: FDA Issues Additional Warning Letters for Sale and Marketing of Hemp-Infused Human and Animal Products

Written By Jane Francis Nowell, Tyler J. Russell, Hayley R. Wells, and Amy H. Wooten

This week, the U.S. Food & Drug Administration (FDA) posted warning letters to five hemp companies for, in the words of the FDA, "illegally selling products containing cannabidiol (CBD)."  The warning letters and…

Lawful Use of Cannabis in North Carolina's Workplace

Written By Grant B. Osborne and Hayley R. Wells

The employer/employee relationship is among the most regulated. There are many (some argue too many) federal and state laws that govern how employers may and may not treat applicants and employees.  Their purpose, ge…

Real Estate Leases in the Hemp and Cannabis World

Written By Kristin D. Mitcham and Allen N. Trask, III

The last several years have seen hemp and cannabis journey from their traditional treatment as substances controlled at the state and federal levels, on penalty of criminal prosecution, to a more legally and socially accep…

Burning at Both Ends: NC General Assembly Keeps Hemp Legal With Last Minute Vote

Written By Trafton P. Dinwiddie

Before the North Carolina General Assembly wrapped up the effective end to their 2022 Long Session late last month, lawmakers enacted critical legislation – Senate Bill 455 – which kept hemp and CBD-related pro…

It's About Time: Federal Court Addresses Delta-8

Written By Allen N. Trask, III and Amy H. Wooten

Delta 8 tetrahydrocannabinol ("THC"), an intoxicating form of THC often derived from hemp-derived cannabidiol (aka "CBD"), has been at the center of numerous hot button issues since its arrival in the broader hemp product …

Even Indirect Income from Cannabis Can Get You Banned From Bankruptcy

Written By Lance P. Martin and Tyler J. Russell

Despite widespread trends in state-level legalization and decriminalization of high-THC cannabis and growing acceptance of cannabis among Americans, cannabis and cannabis products remain illegal under federal law.  A…

Takeaways from the 2022 Industrial Hemp Summit

Written By Erica B. E. Rogers, Tyler J. Russell, and Amy H. Wooten

Ward and Smith's Hemp and Cannabis Law attorneys recently attended the fifth annual Industrial Hemp Summit.  After another year of adjustments and uncertainty caused by COVID-19 and other global factors, it was refres…

Delta-8 THC: More Risk than Reward

Written By Erica B. E. Rogers and Tyler J. Russell

Hemp product producers and sellers must consider a large number of legal and regulatory compliance risks each day.  Are their inputs and plant material coming from legally compliant sources?  Are their products,…

Let's Talk Hemp: Highlights from the 2021 Southern Hemp Expo

Written By Tyler J. Russell and Amy H. Wooten

Several members of our Hemp and Cannabis Law team attended the Southern Hemp Expo in Raleigh, NC last week.  This was the third annual installment of the #SHE, but the first time it was held in North Carolina.  …

How OSHA's Revised COVID-19 Guidance Affects Agriculture and Food Processing Employers

Written By Justin T. Hill

In an effort to reflect recent updates provided by the Centers for Disease Control and Prevention ("CDC"), the Occupational Safety and Health Administration ("OSHA") revised its guidance on protecting workers and preventin…

In the Agribusiness Industry? Don't Miss These Three Legal Developments to Keep an Eye On

The North Carolina Chamber of Commerce is an avid advocate for the economic health and well-being of agribusiness and agriculture in the State through its lobbying efforts, resources available on its website, and thro…

The End is Near for North Carolina's Hemp Pilot Program

Written By Tyler J. Russell and Allen N. Trask, III

For some time, North Carolina's hemp farmers and growers have questioned the fate of our hemp cultivation pilot program, authorized and adopted under the Agricultural Act of 2014 ("2014 Farm Bill"), and how the eventual en…

A New Commodity in a Traditional Box: Hemp's Commodity Status Demands Appropriate Attention

The United States government federally decriminalized hemp on December 20, 2018, making hemp biomass—the raw, harvested agricultural plant—a commodity like any other crop, such as corn, wheat, or soybeans. …

Banking on Hemp: Financial Services for a Growing Industry

Written By Kristin D. Mitcham and Tyler J. Russell

The Agriculture Improvement Act of 2018 ("Farm Bill") became law more than two years ago, decriminalizing hemp and its derivatives and opening the door for American farmers, manufacturers, and retailers to create and explo…

Common Ground for Hemp in an Uncertain World

Written By Erica B. E. Rogers, Tyler J. Russell, Allen N. Trask, III, and Amy H. Wooten

Several members of our Hemp Law team attended the Industrial Hemp Summit in late February. The annual event is typically held in person at the Institute for Advanced Learning and Research in Danville, Virginia. …

Hemp Suits: Proactive Risk Management is Key

Written By Chris S. Edwards and Amy H. Wooten

Business transactions come with the risk that litigation may arise at some point in the life of the parties' dealings.  Transactions involving hemp—whether pertaining to its growth, production, or sale—ar…

Important Update: Hemp Pilot Program Extended

Written By Tyler J. Russell

For months, farmers and growers of hemp have faced a difficult decision: What to do at the end of October as the North Carolina industrial hemp pilot program expires and we phase into hemp production under the USDA's Inter…

Five Things to Consider When Selling Your CBD Business

Written By Merrill G. Jones, II

For many business owners, the intended exit strategy is to sell to a competitor or a larger company, thereby taking advantage of the upside on the value they have created through years of diligent and hard work building a …

Seeing Through the Fog: Obtaining a Grower’s License in Uncertain Times

Written By Tyler J. Russell and Allen N. Trask, III

If all of the recent upheavals in the law and regulations for hemp have left you confused about how to get a hemp grower's license, you are not alone.  Law and regulation have been moving at a rapid pace in this area…

Joint Ventures in Hemp – You Don't Have to "Go It Alone"

Written By Richard J. Crow and Tyler J. Russell

Investors and owners of hemp and CBD businesses have grit – a trait that goes hand-in-hand with being an entrepreneur.  They are innovative, learn quickly from mistakes, and regularly adapt to new and changing …

Help for the Hemp Industry in the COVID-19 Crisis

Written By Tyler J. Russell and Allen N. Trask, III

The last month has been difficult for everyone, to say the least.  The hemp industry as a whole has faced tremendous economic pressures and worries for months.  Businesses continue to operate under regulatory un…

Challenges of New Hemp Brands

Written By Erica B. E. Rogers

Trademarks include the elements that constitute a "brand." Trademarks typically consist of words, phrases, symbols, designs, or any combination of those things, identifying and distinguishing the source of the goods or ser…

Tearing Up the Litmus Test: Potential Problems with Testing Employees for Marijuana Use

Written By Emily G. Massey, Allen N. Trask, III, and Devon D. Williams

Picture this: You are a law-abiding citizen. You observe the speed limit (or, at least, stay within five MPH of it), you don’t cheat on your taxes, and you most certainly do not take illegal drugs. Those values perm…

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

Written By Tyler J. Russell and Allen N. Trask, III

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 w…

Class is in Session: CBD Class Action Lawsuits are Trending Up

Written By Chris S. Edwards, Tyler J. Russell, and Allen N. Trask, III

Products containing hemp-derived cannabidiol ("CBD") have become incredibly popular in the United States, with new product brands entering the market seemingly every day.  Consumer demand and public interest in those…

FDA Issues Warnings to 15 Companies for Illegally Selling Products Containing CBD

Written By Tyler J. Russell and Allen N. Trask, III

On November 25, 2019, the U.S. Food & Drug Administration ("FDA") published a press release, published a revised Consumer Update, and announced the issuance of new warning letters to 15 companies for illegally selling …

Hemp’s Storied Past – and (Potentially) Bright Future – in North Carolina

Written By Tyler J. Russell and Allen N. Trask, III

Hemp has long held a prominent place in our nation's agricultural history.  Hemp was a staple crop in Colonial America. It was present on both Thomas Jefferson and George Washington's plantations. Ships of that era, …

USDA Establishes National Domestic Hemp Production Program

Written By Tyler J. Russell and Allen N. Trask, III

On October 31, 2019, the United States Department of Agriculture ("USDA") published its Interim Final Rule establishing the nation's Domestic Hemp Production Program, and providing regulations on testing, sampling, and the…

Sewing Strong Seeds, Reaping Strong Benefits: NC Chamber's 2019 Agribusiness Conference Delivers Big Yields

Written By Allen N. Trask, III

This marks the second year that the North Carolina Chamber of Commerce has hosted a formal business conference dedicated to Agribusiness in North Carolina and beyond.  We were proud and privileged to participate in b…

A Win for Hemp in Court, and What it (Might) Mean for North Carolina

Written By Tyler J. Russell and Allen N. Trask, III

The hemp and cannabidiol ("CBD") industries today face substantial uncertainty, and they lack clear Federal rules, regulations, and guidance within which governments and businesses can safely operate. That dearth of guida…

Federal Trade Commission Joins in Warning Companies About Unsupported CBD Health Claims

Written By Tyler J. Russell and Allen N. Trask, III

Much of the regulatory "attention" regarding cannabidiol ("CBD") has been, understandably, focused on the U.S. Food and Drug Administration ("FDA").  Indeed, the FDA was the first federal regulatory agency to publicl…

Hemp Crop Insurance Update: "Whole-Farm" Coverage to Include Hemp

Written By Allen N. Trask, III

The unavailability of crop insurance for hemp has long been a source of frustration and risk for growers in North Carolina, especially in the wake of recent disaster events like Hurricane Florence.  On August 27, the…

DEA Recognizes Legality of Hemp

Written By Tyler J. Russell

On August 26, 2019, the U.S. Drug Enforcement Agency (or "DEA") issued a public notice that formally – and, finally! – expresses the agency's acknowledgment that hemp and hemp-derived substances are legal and a…

NC Legislative Update: Hemp Legislation Passes House; Headed Back to Senate

Written By Whitney Campbell Christensen, Tyler J. Russell, and Allen N. Trask, III

On August 21, the North Carolina House of Representatives voted, by a narrow margin, to advance Senate Bill 315 – North Carolina Farm Act of 2019.  While not the only issue addressed, hemp features prominently …

Where There’s Smoke, There’s Fire: The Raging Legislative Battle Over Smokable Hemp

Written By Tyler J. Russell and Allen N. Trask, III

Hemp and its derivatives – including hemp-derived cannabidiol ("CBD") – were previously classified as Schedule I controlled substances under the Controlled Substances Act of 1972 ("CSA").  That changed in…

Industry Update: USDA Aims to Release Hemp Rules by August

Written By Tyler J. Russell and Allen N. Trask, III

Hemp was decriminalized with the passage of the Agriculture Improvement Act of 2018, a.k.a. the "2018 Farm Bill."  While the 2018 Farm Bill decriminalized hemp and distinguished it from marijuana, it did not resolve …

USPS Revises Policies on Shipment of Hemp and Hemp-Related Products

Written By Tyler J. Russell

Effective June 6, 2019, the United States Postal Service (USPS) revised its rules and regulations to provide new mailing standards for hemp and products derived from hemp – identified by the USPS as "Hemp-based Produ…

Hemp News: Updates on Interstate Travel, Interstate Commerce, and Crop Insurance

Written By Tyler J. Russell and Allen N. Trask, III

The Transportation Security Administration (TSA) recently changed its policy on hemp-derived products. Products and medications that contain lawfully produced hemp-derived cannabidiol (CBD) are now permitted on flights.&n…

Beer, Hemp, and CBD in North Carolina

Written By Tyler J. Russell and Hayley R. Wells

The cannabidiol ("CBD") industry is exploding today. Hemp and hemp-derived CBD were classified as Schedule I controlled substances under the Controlled Substances Act of 1972 ("CSA") until the passage of the Agriculture I…

2018 Farm Bill and Federal Trademark Protection for Hemp

Written By Erica B. E. Rogers

This article continues our earlier discussion about brand protection for hemp-derived cannabidiol ("CBD").  The U.S. Patent and Trademark Office ("USPTO") generally refuses to register marks that violate federal law.…

Compliance Inspections for CBD Retail Operations in NC

Written By Tyler J. Russell

In February, the North Carolina Department of Agriculture & Consumer Services (the "Department") disclosed its intent to issue CBD Advisory Letters to hemp and CBD industry participants within our state.  Since th…

USDA Accepting Plant Variety Protection Applications for Hemp

Written By Erica B. E. Rogers

In April 2019, the U.S. Department of Agriculture ("USDA") announced that it will accept plant variety protection applications from breeders of seed-propagated hemp. This is a major step forward for the industry and will …

Trademarks and Hemp-Derived Cannabidiol: Brand Protection for CBD Products

Written By Norman J. Leonard

Cannabidiol (commonly referred to as "CBD") has been in the news for several years now, due to its touted health and wellness benefits. This is especially the case since the Agricultural Act of 2018, or AIA, became law in…

Are the Bankruptcy Courts Available for the Cannabis Industry?

Written By Lance P. Martin

Since 2012, ten states and the District of Columbia have legalized marijuana for adult recreational use.  Another 23 states have legalized some form of medical marijuana use.  At the federal level, the Agricultu…

Trends from the Industrial Hemp Summit

Written By Tyler J. Russell and Allen N. Trask, III

This week, we attended the Industrial Hemp Summit in Danville, VA.  The quality of the event, the information shared, and the people in attendance were incredible.  Although the topics of discussion and educatio…

NC CBD Companies Take Notice: NC Dept. of Agriculture Issues CBD Advisory

Written By Tyler J. Russell and Allen N. Trask, III

The Agriculture Act of 2018 legalized hemp and hemp-derived cannabidiol, or "CBD," on the Federal level by removing both substances from the definition of "marijuana" under the Controlled Substances Act of 1972. But, that…

Hey, Careful, Man, There’s a Beverage Here! TTB, CBD, and the Production of Beer

Written By Tyler J. Russell and Allen N. Trask, III

So you brew beer? Cool.  So you want to brew a beer with cannabidiol?  Even cooler.  Don’t know what cannabidiol is?  That's ok.  You probably know it as "CBD" – the highly popular can…

There's a New Sheriff in Town: The Food and Drug Administration's Move to Regulate CBD

Written By Tyler J. Russell and Allen N. Trask, III

Hemp has wide commercial application and appeal with a viable market for nearly every part of the plant, from the seeds, to the roots, to the flower.  And with the passage of the Agriculture Improvement Act of 2018 (…

The End of Hemp Prohibition

Written By Tyler J. Russell and Allen N. Trask, III

On Thursday, December 20, President Donald J. Trump signed into law the Agriculture Improvement Act of 2018 ("Farm Bill"). "Farm bills" are adopted by Congress from time to time to reauthorize and modify USDA programs tha…

Industrial Hemp News Update: DEA Reschedules CBD Therapy

Written By Tyler J. Russell and Allen N. Trask, III

As we have written before, the legal world of cannabis-derived products is dynamic and uncertain. The current uncertain environment was born in the wake of legalization for medical or recreational marijuana in a handful o…

Making and Keeping Your Mark: Hemp Brand Protection in a Brave New World

Written By Erica B. E. Rogers, Tyler J. Russell, and Allen N. Trask, III

For North Carolinians, hemp is here. The federal legalization of hemp grown under state-sanctioned research programs in the Agricultural Act of 2014, combined with the myriad uses of hemp, including cannabidiol (aka, "CBD…

Hemp News Highlights

Written By Tyler J. Russell

We've previously published articles about industrial hemp and the excitement and curiosity it continues to garner as a cash crop in North Carolina. That trend continues to develop, and recently there have been several imp…

Industrial Hemp: Go for the Boom, Avoid a Bust!

Written By Tyler J. Russell and Thomas C. Wolff

While relatively new to North Carolina's farm economy, industrial hemp is gaining traction as a promising cash crop. Interest and acceptance are growing among market participants, both inside and outside of our state.&nbs…

Hemp Horizon: Time for Growth?

Written By James W. Norment and Allen N. Trask, III

The Legal Commercialization of Industrial Hemp in North Carolina North Carolina is an agricultural power house. The state's farmers contribute over $80 billion to the economy every year and grow all sorts of crops—l…