Rod and Lukas Gilkey of Hometown Hero Discuss the Big Marijuana v Hemp Civil War, FDA, and the Future of Cannabis [Video]
Lukas Gilkey, a friend who is also one of the founders of my client, Hometown Hero, asked me to discuss cannabis, hemp, and the “Civil War” between Big Marijuana and the Hemp Industry at the Hometown Hero studios in Austin, Texas. You can watch our in-depth conversation below or by clicking here.
April 21, 2022
Rod Kight is an international cannabis lawyer. He represents businesses throughout the cannabis industry. Additionally, Rod speaks at cannabis conferences, drafts and presents legislation to foreign governments, is regularly quoted on hemp matters in the media, and is the editor of the Kight on Cannabis legal blog, which discusses legal issues affecting the hemp industry. You can contact him by clicking here.
Since you brought up Seed to Sale in this video…
I’ve been wondering for a long time: If marijuana is removed from the Controlled Substances Act, is Seed to Sale actually unconstitutional? If they had tried to implement “hops to sale” for beer as you gave as an example, wouldn’t the beer producers immediately fight that on constitutional grounds?
Andy- Good question. Although I do not think that “seed to sale” is unconstitutional, it is a enormous and unnecessary regulatory burden on the cannabis industry. -Rod
I’m super confused about the FDA warning letters to people selling CBD and delta 8 gummies. They are saying that it’s an unsafe food additive. So does that mean that technically you’re not allowed to have any food with THC, CBD or the like for sale online for interstate commerce? https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/naturally-infused-llc-628036-11162022#:~:text=FDA%20has%20determined%20that%20your,contain%20an%20unsafe%20food%20additive.
Thanks for your comment and good question, Holly. I can’t provide legal advice on a blog comment, but this is an issue that I’ve discussed at length before. For example, you can click here to read an article about the FDA’s position on CBD and THC. Unfortunately, things have not changed much since I wrote the article almost 4 years ago. I think there is a pathway forward, which I’ve discussed and testified to the FDA about (click here for more), but the FDA has failed to embrace my proposals or anyone else’s. -Rod