hemp Tag

On May 28, 2019, the United States Department of Agriculture (the “USDA”) and the Office of the General Counsel (the “GC”) issued a legal opinion on the status of hemp following the passage of the 2018 Farm Bill. The opinion confirms: first, hemp must be produced under the 2014 Farm Bill until the USDA creates federal regulations or endorses a State program, and second, all hemp produced under the 2014 Farm Bill is protected by the provisions in the 2018 Farm Bill. The legal opinion clarifies three major points of concern for farmers, business owners, and investors interested in the production of hemp: descheduling, legal ways to produce hemp under current law, and the interstate transport of legally produced hemp. Descheduling Most importantly, the opinion confirms hemp has been entirely removed from the Controlled Substances Act (the “CSA”), effective December 20, 2018. Enforcement and penalties for producing, transporting, and owning...

Trademark practitioners, hemp producers, and hemp-derived product manufacturers have long struggled with the clash of federal and state law regarding protection of trademarks with the United States Patent and Trademark Office (USPTO). Historically, the USPTO has refused registration of marks that include cannabis, hemp, CBD or derived products on the basis that these marks were unable to have lawful use in commerce under existing federal law. These waters became even murkier after the passage of the Agricultural Improvement Act of 2018 (known as the 2018 Farm Bill), which removed “hemp” from the list of controlled substances under the Controlled Substances Act (CSA). On May 2, 2019, the USPTO issued Examination Guide 1-19, outlining the USPTO’s policies with respect to trademarks including legal CBD and hemp-derived goods and services since passage of the 2018 Farm Bill. This appears to open the door for registration of marks that include legal CBD, hemp...

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