Washington opted to legalize the production and sale of hemp and CBD products following the Agricultural Act of 2018 (“2018 Farm Bill”), which legalized CBD and hemp production nationally by removing hemp and its derivatives (Cannabis sativa-L containing not more than 0.3% THC) from the Controlled Substances Act. The Washington State Department of Agriculture (“WSDA”) is the state agency that regulates hemp and CBD production and sale within the state.
With the advent of the 2018 Farm Bill, hemp and CBD are also regulated by federal agencies, including the United States Department of Agriculture (“USDA”) (regulating the cultivation and sale of hemp and CBD); the Food and Drug Administration (“FDA”) (regulating the packaging, labeling, marketing, and quality requirements of hemp and CBD); and the Federal Trade Commission (“FTC”) (regulating misrepresentations to consumers). The USDA approved the WSDA’s hemp and CBD plan for Washington in 2020.
Washington state and national legalization of hemp and CBD opened the door for the production and sale of hemp and CBD products, however, multiple regulations still limit what hemp and CBD businesses can and cannot legally do with their product in and outside of Washington. Of the states that have opted to establish a hemp and CBD system under the 2018 Farm Bill, Washington, in particular, has created a regulatory system that leaves many business owners in the hemp and CBD industry struggling to stay compliant with the state’s many relevant laws and regulations.
Our hemp and CBD attorneys specialize in analyzing and evaluating relevant state and federal laws and regulations applicable to Washington state hemp and CBD businesses, staying apprised of the ever-changing nature of state and federal hemp and CBD regulations, and assisting clients with navigating the legal sale and distribution of hemp and CBD products on the national level. We keep apprised of nationwide trends in order to ensure you are able to market your products nationwide.
We offer a full suite of legal support to our hemp and CBD clients, including:
• Obtaining and maintaining licensure for growing, processing, and selling hemp or CBD products at the state and national level;
• Complying with state and federal regulations, including FDA labeling compliance for hemp and CBD products, FTC compliance, WSDA compliance, and USDA compliance;
• Assisting with starting, developing, or selling your hemp or CBD business, including drafting and negotiating contracts, business formation, and protection of intellectual property;
• CBD and hemp litigation;
• Advocating on your behalf against FDA, WSDA, or USDA complaints or violations; and
• Keeping you apprised of what is legally expected of you as the state and federal regulations continue to change.
Our aim is to take the headache out of hemp and CBD for our clients. You know what you’re doing on your end, let us assist you with our expertise and guidance on ours.