This week’s CBD and cannabis updates from the U.S. and around the globe
By NACS Online // May 13, 2019
ALEXANDRIA, Va. —Each week, NACS brings you a roundup of news and information on cannabis and CBD to help update you on the fast-moving products and their legality. Here are the topics in the news for the week of May 6–10:
U.S. FEDERAL ACTIVITY
- TTB Clarifies that CBD Cannot Be Added to Alcoholic Beverages. In an industry circular released on April 25, the Alcohol and Tobacco Tax and Trade Bureau (TTB) indicated that hemp-derived CBD cannot be added to alcoholic beverages despite the passage of the 2018 Farm Bill. At this time, TTB is deferring to the FDA, which has stated that CBD cannot be legally added to food products. (Source: Alcohol and Tobacco Tax and Trade Bureau)
- Senate Minority Leader Reintroduces Marijuana Decriminalization Bill. Senate Minority Leader Chuck Schumer (D-NY) and House Democratic Caucus Chairman Hakeem Jeffries (D-NY) announced the reintroduction of the Marijuana Freedom and Opportunity Act. The bill, which Minority Leader Schumer first introduced last year, would remove marijuana from the list of scheduled substances under the Controlled Substances Act. (Source: Senate Democrats)
- State Attorneys General Urge Congress to Pass Marijuana Banking Legislation. Thirty-eight state and territorial attorneys general sent a letter to lawmakers asking Congress to pass the Secure and Fair Enforcement (SAFE) Banking Act, a banking bill that would enable financial institutions to service cannabis businesses. (Sources: Forbes, The Sacramento Bee)
- USPTO Updates Rules on Trademarks for Hemp and CBD Products. The United States Patent and Trademark Office announced that it is implementing updated guidelines for registering hemp products in light of the 2018 Farm Bill. Applications for trademarks for hemp products could therefore be accepted, subject to certain exceptions. (Source: Marijuana Moment)
U.S. STATE AND LOCAL ACTIVITY
- Disputes Over CBD Legality Are Creating Tension at the State and Local Level. Despite its ubiquity, confusion over the legality of CBD products often creates an enforcement nightmare for lawmakers. Although the 2018 Farm Bill lifted the ban on CBD that contains 0.3% THC or less, most states have not updated their laws to match. (Source: New York Times)
- Local California Regulators Warn Restaurants to Remove CBD Products from the Menu. San Luis Obispo County’s Food Inspection Department recently mailed out notices to the owners of over 1,600 local restaurants and cafes to reiterate that CBD and hemp are not yet legal additives to food and drinks in the state. (Source: KSBY6)
- Illinois Governor Announces Marijuana Legalization Legislation. Illinois Governor J.B. Pritzker announced legislation that would allow residents of the state to possess certain cannabis products. The Illinois legislature adjourns at the end of the month, so it remains to be seen if Democrats can advance the bill this year. (Source: Chicago Sun Times)
- Louisiana House Approves Regulatory Framework for CBD Sales. The Louisiana House approved a measure to legalize the growing of industrial hemp in the state and to create a regulatory framework for CBD product sales by a vote of 102-0. The measure now heads to the Senate. (Source: Associated Press)
MISCELLANEOUS
- Denver Decriminalizes Psychedelic Mushrooms. Voters in Denver approved the nation’s first referendum on decriminalizing hallucinogenic mushrooms—50.6% to 49.4%. (Sources: Washington Post; Denver Post)
- Abercrombie & Fitch Will Begin Selling CBD Products. Fashion retailer Abercrombie & Fitch announced that it has partnered with Green Growth Brands Inc. to sell CBD-infused personal care products, like bath bombs and lotions, in 10 Abercrombie & Fitch stores. (Source: Bloomberg)
- Mondelez Contemplates CBD-Infused Snacks. Mondelez—the producer of snacks like Oreos, Chips Ahoy, Nilla Wafers and more—is considering adding CBD-infused snacks to its product line. Although consumers are unlikely to get CBD-infused Oreos, the company has suggested it could add the ingredient to other products or event create new product lines. (Source: CNBC)
NACS has prepared a fact sheet (for members only) to help you navigate what’s legal and what’s not for CBD retailing. Don’t miss the just-added Federal Cannabis Legislation Tracker covering bills that have been introduced in Congress in 2019 pertaining to marijuana legalization that may affect retailers.
