President Trump’s recent executive order reignited the administrative process of reclassifying marijuana as a less restricted drug, and may have implications for the hemp industry. The order, “Increasing Medical Marijuana and Cannabidiol Research,” puts a stronger focus on researching medical applications of cannabis and signals the administration’s intent to work with Congress to roll back a pending federal change that could impact the hemp industry.
McCarter & English partner Ryan Magee spoke with Law360 and said the order “is novel in that it directly addresses hemp-derived products, including full spectrum CBD products, in addition to addressing cannabis reclassification in general.”
“This aspect of the order is particularly timely given a seeming surge in criticism of hemp-derived products and the public’s confusion in distinguishing between safe hemp derived items and other items that may pose a threat to public health and safety,” he said. Specifically, the order mandates that federal agencies “develop a regulatory framework for hemp-derived cannabinoid products, including development of guidance on an upper limit on milligrams of THC per serving with considerations on per container limits and CBD to THC ratio requirements.”