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24 TortSource 9 (2021-2022)
Navigating Hemp's Legal Headwinds in 2022

handle is hein.journals/tortso24 and id is 49 raw text is: TortSource: Spring 2022 Navigating Hemp's Legal Headwinds in 2022 By Christopher Strunk Christopher Strunk is a partner in Gordon Rees Scully Mansukhani LLP's Oakland office, where he is co-chair of its Cannabis, Hemp & CBD National Practice Group. He serves on ABA's TIPS Cannabis Committee and has served as its past Vice Chair of Programming. Hemp has been cultivated and used for thousands of years. It was in widespread use in ancient China and Mesopotamia. Taking advantage of its sturdy fibers, ancient peoples made clothing, shoes, rope, and sailcloth. It was a key economic engine for pre and post-revolutionary America, and has even served key roles for the US military: on the deck of the USS Constitution, the oldest still-commissioned warship in the Navy, and during the Hemp for Victory campaign in World War II. However as part of the cannabis sativa family, hemp fell under the definition of Marihuana under the Marihuana Tax Act of 1937, 50 Stat. 551, making its cultivation and sale an economically problematic affair. When the Controlled Substances Act (CSA) made hemp a Schedule I controlled substance in 1970, there appeared to be no hope for the industry. But after a sea change in public opinion on cannabis, and for the first time in many decades, hemp was removed from the Controlled Substances Act, 21 USC 802(16)(B)(ii), by the 2018 Farm Bill.A new statute, 7 USC 16390, provided a detailed definition: The term hemp means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. The excitement of a new American cash crop, however, very quickly met harsh reality. Rulemaking at the federal level proceeded at a glacial pace, and the regulations that were promulgated (such as the testing regulations) were loudly criticized in public comments. And just when the industry felt it was starting to make some sense of the new regulations, the COVID-19 pandemic demolished fledgling businesses, disrupted business conditions, and de-prioritized hemp regulation as governments focused squarely on the public health emergency. Hemp industry participants still face many unanswered questions in 2022: navigating changing state and international tetrahydrocannabinol (THC) standards, use of cannabidiol (CBD) in food products and supplements, and the means of getting one's products to market are just some of them. Further states like California have moved forward with their own laws on hemp, in response to Federal paralysis on CBD, setting up conflicts with the Federal government even as Federal legislation moves forward. 2022 could see some pivotal developments for the industry. THC Standards & Testing Perhaps the most daunting task faced by the hemp business owner is ensuring that their hemp products meet the federal standards for THC content. Although it is often said that the 2018 Farm Bill legalized hemp, such a conclusion is a misconception. Any hemp with a greater than .3% delta-9 THC concentration by dry weight is Marihuana, and federally illegal under the CSA-as are any products Published in TortSource: Volume 24, Number 3, ©2022 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. 9 TIPS

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