Hemp and marijuana look the same and have the same odor, both unburned and burned. This makes it impossible for law enforcement to use the appearance of marijuana or the odor of marijuana to develop probable cause for arrest, seizure of the item, or probable cause for a search warrant.
Category: States’ Commerce
South Carolina Expands Hemp Program: What you need to know
In addition to expanding South Carolina’s existing hemp program, the Bill also provides much needed clarification on certain definitions (and prohibitions) related to hemp.
What is “Total THC” and Does It Matter?
In this article I will describe what is meant by “Total THC”, discuss why it has become an issue, lay out the arguments that support it, and conclude by arguing that the concept of “Total THC” is misplaced and not supported by the plain language of the 2018 Farm Bill.
Surprise Statewide Hemp and CBD Inspections in North Carolina
On Tuesday and Wednesday, May 8 and 9, the NC Dept. of Agriculture conducted a statewide inspection of hemp processors and retail outlets selling hemp flower and CBD products. The inspection was unannounced and caused significant speculation across the state.
Will You Be at NoCo Hemp Expo?
I’m excited to be on a panel at NoCo Hemp Expo in Denver this Friday to discuss “Legal Insight: Farm Bill, Policy, Regulation”.
West Virginia Federal Court Ruling Vindicates Hemp Industry
A WV federal court dismissed a case brought against hemp farmers, ruling that hemp is not a controlled substance and may be transported across state lines.
Are Cryptocurrencies the Future of Cannabis Commerce? (GUEST POST)
If Congress legislates a solution to the cannabis commerce problem it is difficult to envision cryptocurrencies gaining a foothold. But if Congress fails to act, cryptocurrencies may become intwined with future cannabis commerce.
North Carolina is Most Recent State to Follow FDA Position On CBD
The upshot of all this generally, and in North Carolina specifically, is that there is strong legal precedent that businesses may continue to sell products containing full-spectrum hemp extract derived from lawful hemp.
Open Letter Regarding the US Hemp Authority Certification Program
I was asked to prepare an open letter to the hemp and CBD industry regarding concerns with the proposed US Hemp Authority Certification Program as developed and championed by the Hemp Roundtable and supported by the Hemp Industries Association.








