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Concerns and Limitations for Multistate Producers Looking to Market CBD

Passage of the 2018 Farm Bill has undoubtedly provided comfort to large-scale retailers looking to bring hemp-derived products to retail shelves across the country. The language in the new law clarifies and affirms that hemp is not to be treated as a controlled substance as scheduled under the Controlled Substances Act of 1970 (CSA), which effectively reduces or removes many hurdles once facing the industry (e.g., obstacles involving banking, payment processors, insurers, DEA involvement, etc.). Perhaps the law’s greatest impact is that it resolves any question as to the Drug Enforcement Administration’s lack of authority with respect to hemp.

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