Vicente LLP Hemp Update: October 2023

Oct 13, 2023

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**New Hemp & Cannabinoid Compliance Guide Chart!**

Hemp Cannabinoid Legality Guide: Your 50-State Roadmap to the Ever-Changing Legal Landscape of Hemp Cannabinoids

The new Hemp Cannabinoid Legality Guide is a more detailed guide that replaces our previous Intoxicating and Synthetic Cannabinoid Compliance Guide.

This new chart is a state-by-state chart providing an overview and detailed explanation of the legality of hemp-derived cannabinoids (Delta-8 THC, Delta-9 THC, CBN, HHC), representative of the four main cannabinoid groups (natural, synthetic, semi-synthetic intoxicating, semi-synthetic non-intoxicating). This chart identifies in both “yes/no/silent” format and, in detail, product type cannabinoid limits (such as ratio or limits per serving or per container), and age restrictions. This guide also categorizes states according to a color-coded matrix.  

Contact us if you're interested in learning more about this new offering.

Federal Updates

Historic Hemp Hearing Addresses FDA Inaction on Hemp and CBD Products 

A first-of-its-kind congressional committee hearing, “Hemp in the Modern World: The Years long Wait for FDA Action,” took place this summer, with lawmakers examining the impacts of the Food and Drug Administration’s inaction on developing regulations to allow for the sale of hemp-derived CBD as food items or dietary supplements. Read more from Marijuana Moment and U.S. Hemp Roundtable. 

USDA’s IR-4 Petition Yields First Conventional Pesticide Tolerance for Hemp 

Hemp growers seeking more pest management tools now have a conventional pesticide tolerance for hemp seed as a result of work by the Minor Crop Management Program Interregional Research Project #4, or the IR-4 Project, which is funded by USDA’s National Institute of Food and Agriculture (NIFA). Read more.

USDA Releases New Hemp Handbook as Agency Works to Rebuild A Post-Prohibition Seed Bank 

USDA’s latest version of its Hemp Descriptor and Phenotyping Handbook, released earlier this summer, is the agency’s deepest dive yet into the different forms and qualities of hemp. Intended to help researchers better differentiate between hemp varieties, the new document includes all sorts of details on the morphology, yield, cannabinoid content, oil production, seed viability, fiber quality, pathogen resistance and various other traits. Read more.

USDA Says Genetically Modified Hemp Plant ‘May Be Safely Grown And Bred’ In The US 

A hemp plant genetically engineered to produce lower levels of the cannabinoids THC and cannabichromene (CBC) “may be safely grown and bred in the United States,” the U.S. Department of Agriculture (USDA) has announced. Read more. 

FDA Releases Draft Guidance on Cosmetics Facility Registration, Product Listing 

The U.S. Food and Drug Administration (FDA) has released a draft guidance describing its plans for registering cosmetic product facilities and listing cosmetic products, two new regulatory requirements applicable to many cosmetic products and their manufacturers under the Modernization of Cosmetics Regulation Act (MoCRA). Read more. 

CANNRA Asks Congress to Include New Rules Governing Hemp and Hemp-Derived Cannabinoids in Next Farm Bill 

The Cannabis Regulators Association (CANNRA) asked House and Senate committee chairs to include in the next Farm Bill a new definition that would draw a clear distinction between hemp grown for fiber, food or feed and hemp intended for THC or CBD extraction. Read more. 

State Updates


A federal judge has blocked Arkansas’ ban on delta-8 THC five months after Gov. Sanders signed legislation into law to reclassify some hemp-derived psychoactive cannabinoids as Schedule VI substances in the state. The ruling stems from a lawsuit filed by four cannabis-related businesses claiming that the law violates the U.S. Constitution’s Commerce and Supremacy clauses. Read more. 


A new Connecticut law restricting the sale of certain hemp products went into effect on October 1. The new rules require cannabis operator licenses for shops that sell hemp-derived products. Read more here.


The Florida Department of Agriculture and Consumer Services’ Division of Food Safety, in collaboration with the Office of Agricultural Law Enforcement, conducted a multi-day inspection of a Miami Beach warehouse that led to criminal charges and the seizure of over 1,700 illegal hemp, THC-O, and Amanita Muscaria mushroom products.


A Texas court has ruled that the Department of State Health Services overstepped its authority while attempting to place Delta-8 on the state's controlled substances list. This decision has significant implications for the regulation of delta-8 THC in Texas and highlights the importance of adhering to established procedures when making substantial changes that could impact personal rights or businesses. Read more.


Virginia Attorney General Miyares is cracking down on illegal THC products and has taken enforcement actions against Blackstone Tobacco & Vape, Inc., a Blacksburg, Virginia-based store, after it allegedly sold illegal products containing tetrahydrocannabinol (THC) without child-resistant packaging or labeling and sold THC edibles to an underage consumer in violation of the Virginia Consumer Protection Act (VCPA). Read more.

In other Virginia news, a lawsuit has been filed against the State, asking a federal judge to block parts of Virginia’s new law banning intoxicating hemp products. The lawsuit claims Virginia’s law redefines the federal definition of hemp products by defining them by their total concentration of any kind of THC instead of federal rules that only assess them by their “concentration of Delta-9 THC.” Read more.

International Updates

Argentina Could Be a Leader in Latin-American Hemp 

Argentina has set the THC limit for industrial hemp at 1.0% and established a “one-stop shop” for the administration of the hemp and medical marijuana sectors under rules published in August. But the rules exclude the production of CBD, which is restricted under a 2020 decree that made CBD- and THC-based products legal to import but only for patients, with sales restricted to pharmacies under doctor prescriptions. Read more here.

United Kingdom CBD Trade Group Calls for Long-Awaited Regulations 

Even though CBD has been sold in U.K. stores for about a decade, the industry still doesn’t have basic regulations such as how much THC or CBD is permissible in products. The Association of the Cannabinoid Industry (ACI) trade group launched a campaign to “call on the Home Office to provide urgent clarity regarding the establishment of a legal framework within which businesses can operate securely, safely, and responsibly.” Read more. 


October 17 | Cannabis: The Future of Minnesota’s Hemp-Derived THC Market 

Now that recreational marijuana is legal in Minnesota, what does the future hold for the low-dose edible and beverages market that has blossomed in the last year? Register for this CLE webcast featuring Vicente attorneys Michelle Bodian and Jason Tarasek. 

October 19 | Minnesota Hemp & Cannabis Business Seminar 

Hemp Today So You Can Cannabis Tomorrow: How to succeed in Minnesota’s current hemp-derived THC market while preparing for upcoming adult-use cannabis opportunities.  

This in-person event will be held in Minneapolis and features Vicente LLP attorneys Michelle Bodian,Travis Copenhaver,Jeremy Shaw and Jason Tarasek, along with special guests Sen. Lindsey Port and cannabis accountant Angela L’Esperance of Ms. Jane Accounting. Don’t miss it! Register here.

Webinar Replay | Intoxicating and Synthetic Hemp Regulations: State Legislative Session Updates and Federal Predictions 

Watch this webinar replay with Vicente LLP's hemp team and regulators from Colorado and Vermont to learn more about state legislative changes and projections for future hemp product regulation at the state and federal levels. 

Webinar Replay | Special Briefing on Cannabis Federal Scheduling Reform 

Watch this special briefing discussing the historic U.S. Dept. of Health and Human Services’ recommendation to reschedule marijuana to Schedule III under the Controlled Substances Act. This engaging session features Vicente LLP leaders sharing insights on the impacts of this recommendation and the road ahead. 

Webinar Replay | Opportunities in the Functional Mushroom Industry 

Watch this session on-demand to learn about current and future business opportunities in the growing world of adaptogenic and functional mushrooms. Industry experts also discuss the regulatory environment governing these products. 

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