Lawyers are used to selling services. For the past year-and-a-half, we have been selling a product. That product is an exhaustively researched and continuously updated 50-state survey of Hemp CBD rules and regulations. The survey is broken down by category: ingestible, smokable and cosmetic CBD products. Before we get too far into how that works and what it costs, it’s worth explaining how we got here.
Toward the end of 2018, we signed a pair of well known, national retail clients. In-house lawyers for these clients called us in anticipation of hemp legalization under the 2018 Farm Bill. At that time, it seemed certain that hemp would be legalized federally, and businesspeople in these giant chains already had forged ahead with sourcing Hemp CBD products. The lawyers were concerned about the legality of these products under both federal and state laws.
Although the 2018 Farm Bill changed nothing with respect to Food and Drug Administration (“FDA”) authority to regulate hemp products, many retailers were already selling Hemp CBD products in late 2018. Our advice on what the new federal laws allowed was straightforward; however, the state-by-state analysis was dynamic to say the least. States took wildly different approaches and