CBD and Hemp Legal and Regulatory Update – October 2022 | Kelley Drye & Warren LLP


Welcome to our weekly roundup of legal and regulatory news related to CBD and hemp:

The FDA has appointed Norman Birenbaum as a senior public health adviser in the agency’s Center for Regulatory Programs. From 2016 to 2019, Birenbaum oversaw RI’s medical cannabis and hemp programs, as well as established the state’s Office of Cannabis Regulatory Affairs. In December 2019, he was appointed Director of Cannabis Programs for New York State, where he oversaw the regulation and policy development of the state’s medical cannabis and hemp programs. US Hemp Roundtable GC Jonathan Miller noted that Birenbaum’s appointment by the FDA signals a positive step forward for the regulation of hemp-derived CBD.

– Cannabis Business Times

Ok so. is the most CBD-captured state in the United States, according to a Leafwell study exploring trends and Google searches. Ok so. ranks first with a total search score of 562, followed by Vermont with a score of 539. NM (533), Maine (524), and Ark. (502) complete the top five.


The Idaho State Department of Agriculture prohibits hemp and hemp-derived ingredients in animal feed, pet food, and supplements sold in the state. This decision is made by consensus with the FDA and the Association of Animal Feed Control Officials, which have not approved the use of hemp for these purposes. The state agency said it will begin inspecting hemp and hemp-derived pet food starting Nov. 1 and violations will be subject to a stop-sale order and possible further action by regulators.

– Ganjapreneur

A USDA report discusses the growing popularity of hemp as more countries drop the ban. For US stakeholders interested in entering the European market, the USDA said it was important for growers to understand that hemp regulations vary from country to country. While companies are only eligible for EU direct payments for hemp containing up to 0.3% THC, it is possible to plant hemp with THC levels above the EU limit if this is permitted by national regulations.

– Marijuana Time

Hempcrete has been approved for the 2024 International Residential Code (IRC), which governs US residential building codes for 49 of 50 states, with Wisconsin being the only non-participant. It has been approved as a non-structural wall infill system similar to cob and straw bale construction. The approval applies to single and two-family dwellings and townhouses, and is expected to increase the availability of hemp-based building materials and facilitate greener building projects in the United States.

– Hemp Building Magazine

Va.’s AG is cracking down on sales of Delta-8 THC citing health concerns. The actions leave some of the state’s hemp companies looking to relocate, particularly to neighboring North Carolina and Tennessee, and some taking jobs with them. Claiming the dangers posed to children eating edibles in misleading packaging, AG Jason Miyares (R) and Ag. The commissioner sent warnings to producers of Delta-8 products. They interpret the Va. Food and Drink Act as giving them the power to ban sales and issue fines. This comes after the Virginia legislature legalized sales of Delta-8 edibles.


In a response brief, the named plaintiffs said 22nd Century Group misrepresented the Second Circuit’s findings when it reversed the original dismissal, arguing that the panel explicitly stated that the company’s refusal to investigate was misleading. Investors push back on hemp biotech’s bid to dismiss their proposed class action lawsuit alleging its cover-up from an SEC investigation caused its stock to plummet, arguing the suit shows the company and its executives were aware of the investigation and deliberately hid it to inflate the stock market.

– Law 360 (sub. req.)

Okla’s medical marijuana industry faces many changes following the state’s implementation of a seed-to-sale tracking system, leaving thousands of license holders facing to Fines and Okla. Medical Marijuana Authority has found itself in several lawsuits over this. The legal challenges are the latest obstacle to the state’s efforts to use a statewide tracking system to crack down on black market sales and improve quality control.

– Oklahoman (sub. req.)

Although U.S. Supreme Court Justice Clarence Thomas questioned the federal ban on legal cannabis in the state, a Tenth Circuit judge questioned whether these statements support the challenge by Standing Akimbo from IRS Section 280E. Judge Bobby R. Baldock said Judge Thomas’ statement was not a Supreme Court ruling and questioned its usefulness in the case. The dispensary’s representation insisted that Justice Thomas was sending a signal that the Supreme Court would be willing to consider and that the justices would likely take up Standing Akimbo’s case.

– Law 360 (sub. req.)

Carly Bittlingmeyer says in her proposed class that Trulieve sent sales text messages to her cell phone, including after multiple “STOP” requests. She claims that she registered her number on the DNC National Registry more than 30 days before Trulieve’s first text message and never signed any type of release permitting or authorizing the placement of a text phone sales call using an automated telephone selection and dialing system. Numbers. She argues that the cannabis company violated the TCPA and Florida state law and is seeking statutory damages and an injunction compelling Trulieve to stop sales phone calls made without express written consent.

– Law 360 (sub. req.)

According to Cann Distributors, Pacific Banking CEO Justin Costello gave evasive testimony, flouted four court discovery orders, claimed he could not recall key transactions in the case and submitted a financial statement falsified in court. The cannabis company accuses the bank of failing to pay millions in state taxes on its behalf and is asking a California federal judge for penalties and a default judgment.

– Law 360 (sub. req.)

U.S. District Judge J. Paul Oetken has concluded that the defendant Robert G. Lopez cannot be said to have no valid defense to the claims in this case, even though his position is unlikely to prevail. to succeed. According to Lopez, the NYC New York Cannabis mark with the depiction of a cannabis leaf is not identical to the city’s “NYC” mark.

– Law 360 (sub. req.)

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