Assessing USDA Hemp Rule's Impact On Cannabis IP

Law360 (November 1, 2019, 4:50 PM EDT) -- The long-awaited rules for authorizing hemp cultivation under the 2018 Farm Bill are finally out. On Oct. 29, the U.S. Department of Agriculture released its interim final rule establishing a national regulatory framework for domestic hemp production, referred to as the U.S. Domestic Hemp Production Program.

Aside from passage of the Farm Bill itself, the USDA’s rule is one of the most significant steps to date towards the legal sourcing of hemp and hemp derivatives, including CBD. Hemp is defined in the 2018 Farm Bill as cannabis containing no more than 0.3% THC.

While the USDA’s new program will impact many...

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