In the Press
October 22, 2024

A Legal Tug of War on Hemp-Derived Cannabinoid Regulations (Cannabis Business Times)

In December 2018, Congress passed the Agriculture Improvement Act of 2018 (the “Farm Bill”), legalizing the version of the cannabis sativa L. plant colloquially known as hemp at the federal level in the United States. Following passage of the Farm Bill, hemp and products derived from the hemp plant could be freely shipped across state lines. Unsurprisingly, the first wave of hemp-derived products (edibles, cosmetics, etc.) following passage of the Farm Bill primarily featured CBD. However, scientists have known for a long time how to convert CBD to other cannabinoids, including THC. So, the next wave of hemp-derived consumer products largely contained THC, and these products have proven to be very popular with consumers across the country. Because of the way the Farm Bill was written, hemp-derived products containing even intoxicating levels of THC have been found to be legal at the federal level. In response to the proliferation of hemp-derived THC products, certain states have taken steps to further regulate hemp products. For more information, read the article published in Cannabis Business Times written by Adam Horowitz, associate in the IP Litigation practice and member of the Cannabis practice; Jessica Huang, associate in the Complex Litigation & Dispute Resolution practice; Harry Berezin, associate in the Business Law department and Cannabis practice; Jennifer Fisher, partner in the Complex Litigation & Dispute Resolution practice, and co-chair of the Cannabis practice; and Brett Schuman, partner and co-chair of the IP Litigation practice at Goodwin.