Hemp Legally Speaking: Recent Episodes
Jonathan Miller - National Leading Hemp Attorney & Advocate
With hemp being legalized only recently, legal and regulatory regimes concerning the crop and its products such as CBD are continually evolving. Jonathan Miller, who helped craft much of federal and state hemp laws in his role as General Counsel of the US Hemp Roundtable, hosts a biweekly podcast in which he engages in 15-20 minute discussions of cutting-edge legal issues facing the industry. Jonathan speaks on each program with subject matter experts from Frost Brown Todd’s nationally leading hemp practice group.
If you have questions or ideas for Hemp related topics, email us at hemplegallyspeaking@fbtlaw.com.
This podcast was created for general informational purposes only as of the time of its creation and does not constitute legal advice, the formation of an attorney client relationship, or a solicitation to provide legal services.
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Jonathan Miller interviews Rayetta Henderson, Senior Managing Scientist at Tox Strategies about her research and her testimony before the House Oversight Committee on the safety of hemp-derived CBD. If you have questions about the episode or ideas for Hemp related topics, email us at hemplegallyspeaking@fbtlaw.com.
Hemp Industry questions covered in the episode:
- What were the results of your toxicology studies on the safety of CBD isolate?
- How were thise results different from the studies championed by FDA concerning pharmaceutical-grade CBD found in the prescription drug Epidiolex?
- Why are studies of rodents applicable to the experience of humans?
- Have there been enough studies of CBD for FDA or Congress to be able to establish appropriate limits if CBD in dietary supplements and food/beverage?
- What counsel to you give to Congress as they go about the process of drafting legislation to regulate CBD?
Jonathan Miller interviews Andrew Bish, President of the Hemp Feed Coalition about the challenges and opportunities of federal policy concerning the use of hemp seed for animals. If you have questions about the episode or ideas for Hemp related topics, email us at hemplegallyspeaking@fbtlaw.com.
Hemp Industry questions covered in the episode:
- What is hemp feed and how is it used by farmers with their animals?
- How is hemp feed different from CBD products for pets?
- What is the current legal status for hemp feed in the US and the states?
- What is the status of efforts by industry to secure a regulatory pathway through FDA?
- How is the Farm Bill potentially being used as a vehicle to secure congressional support for hemp feed?
Jonathan Miller interviews Rob Pero and Mary Jane Oatman, the President and Executive Director of the Indigenous Cannabis Industry Association, about the development of the hemp industry among Native American tribal organizations and on Indian reservations. If you have questions about the episode or ideas for Hemp related topics, email us at hemplegallyspeaking@fbtlaw.com.
Hemp Industry questions covered in the episode:
- What's the history of hemp and cannabis in our U.S. tribal communities?
- How have Native Americans been disproportionately impacts by the War on Drugs?
- How has the 2018 Farm Bill impact hemp growth and development on Indian reservations?
- What projects and programs are Tribal organizations working on to build the domestic hemp industry?
- What is the Native American community looking for in the drafting of the 2023 Farm Bill?
- What is your 20-year vision for the development of the hemp industry among tribal communities?
Jonathan Miller interviews Andrea Steel, Member of Frost Brown Todd's Houston office and a leader of its cannabis industry team, about new legal and regulatory developments concerning intoxicating cannabinoids, such as delta-8 THC. If you have questions about the episode or ideas for Hemp related topics, email us at hemplegallyspeaking@fbtlaw.com.
Hemp Industry questions covered in the episode:
- What has the FDA done in recent months to share its opinions on the development of intoxicating cannabinoids such as delta-8 THC?
- What does the highly-publicized death of a Virginia child, apparently from the consumption of delta-8 THC signal about future laws or regulations?
- What are states doing to address the growing intoxicating hemp market, and what are the variances among states such as Oregon and Minnesota.
- What's on the agenda of the Texas legislature when it comes to hemp and intoxicating cannabinoids?
- How do you advise clients in this space to navigate the gray and changing legal and regulatory frameworks?
- How you do advise consumers on accessing these products in the marketplace?
Host: Jonathan Miller
Guest: Eric Wang, CEO, Ecofibre, Georgetown, KY
Blog: Hemp Legally Speaking
Hemp Industry questions covered in the episode:
- What applications for hemp fiber is EcoFibre working on from its Kentucky and North Carolina facilities?
- Why is hemp considered a particularly sustainable crop?
- How does hemp compare to other fiber crops in terms of sustainability and contributing to environmental protection?
- What is the US Hemp Sustainability Foundation and what is that organization's mission?
- What is "greenwashing" and how can the hemp industry avoid it?
- What do federal and state policymakers need to understand about the future of hemp fiber?
Hemp Industry Episode Resources:
Host: Jonathan Miller
Guest: Bill Bookout, Founder and Chairman of the National Animal Supplement Council
Blog: Hemp Legally Speaking
Hemp Industry questions covered in the episode:
- What is the National Animal Supplement Council and how has it become involved in the hemp and CBD space?
- Why are regulatory standards for animal food often stronger than what's required for human ingestion?
- What states have developed strong regulatory framework standards for hemp and CBD in animal food?
- What is the challenge being faced by the industry in Idaho and why is this a concern for the nation?
- How should businesses respond to current regulations?
- What should consumers be looking for in purchasing products for their pets?
Hemp Industry Episode Resources:
Host: Jonathan Miller
Guest: Axel Bernabe, New York's Office of Cannabis Management
Blog: Hemp Legally Speaking
Hemp Industry questions covered in the episode:
- How did New York State approach regulating hemp cannabinoids vis a vis adult-use cannabis and industrial use hemp?
- What was New York's philosophy in developing a regulatory regime for CBD and other non-intoxicating hemp extracts?
- Why did New York allow hemp farmers to sell into the regulated cannabis market, and has it been successful?
- How does New York treat intoxicating compounds like Delta-8 THC, and how does the state anticipate drawing the line between non-intoxicating hemp and intoxicating adult-use cannabis?
- What's the future for hemp fiber in the Empire State?
Hemp Industry Episode Resources:
Host: Jonathan Miller
Guest: Congressman Ed Perlmutter
Blog: Hemp Legally Speaking
Hemp Industry questions covered in the episode:
- What kinds of problems are hemp and cannabis businesses facing when it comes to banking and financial transactions?
- What is the SAFE Banking Act and how would it assist hemp and cannabis farmers and businesses?
- What are the special hemp provisions that were developed in conjunction with Congressman Andy Barr (R-KY)
- How does the legislation advantage small and minority-owned businesses?
- What are the prospects of passage of SAFE Banking and what can supporters do to help?
Hemp Industry Episode Resources:
Host: Jonathan Miller
Guest: Wendy Mosher, President & CEO of New West Genetics
Blog: Hemp Legally Speaking
Hemp Industry questions covered in the episode:
- What challenges are U.S. hemp farmers facing when it comes to hemp seed varieties that when used result in "hot hemp" production?
- What is certified seed, and what's the difference with uncertified seed?
- What is the "Value the Seed" initiative and how would it provide regulatory relief to U.S. hemp farmers?
- What is the difference between "Value the Seed" and the "Fiber/Grain Exception" proposal that has been introduced as a competing initiative?
Hemp Industry Episode Resources:
Host: Jonathan Miller
Guest: Congressman Morgan Griffith
Blog: Hemp Legally Speaking
Hemp Industry questions covered in the episode:
- How did a conservative Republican from a rural area of the country become one of the strongest national advocates of hemp and CBD?
- What's in HR 841 and HR 6134 and what are their prospects for passage?
- Why is regulation so important, both to support farmers but also to protect consumers, especially children?
- How important to Members of Congress are communications from their constituents?
Hemp Industry Episode Resources:
Host: Jonathan Miller
Guest: Andrew Brisbo, Director of Michigan’s Cannabis Regulatory Agency, and the President of CANNRA
Blog: Hemp Legally Speaking
Hemp Industry questions covered in the episode:
- Why did Michigan joining a growing trend of states to bring hemp and marijuana under the same regulatory agency?
- Should hemp farmers and businesses be concerned about regulations unfairly burdening hemp and the expense of marijuana?
- What is Michigan’s philosophy on the treatment of hemp-derived intoxicating cannabinoids?
- How is CANNRA working to develop consistent regulations on hemp products across the country, avoiding a patchwork from state to state?
- What will CANNRA be doing to develop national standards on key issues such as the definition of “intoxicating”
Hemp Industry Episode Resources:
Host: Jonathan Miller
Guest: Dr. Robert Kaufman
Blog: Hemp Legally Speaking
Hemp Industry questions covered in the episode:
- What does the ValidCare study demonstrate about the safety of ingestible CBD?
- What did the study conclude about CBD’s liver toxicity and how does this contrast with studies done on Epidiolex, the CBD drug used by children with rare forms of epilepsy?
- How does the study address concerns about drowsiness and low testosterone?
- Statistically speaking, how strong are the study’s conclusions
- What’s the message that Dr. Kaufman will be sharing with FDA in its upcoming meeting?
Hemp Industry Episode Resources:
Host: Jonathan Miller
Guest: Russell Coleman
Blog: Hemp Legally Speaking
Hemp Industry questions covered in the episode:
- How did an anti-cannabis advocate come around to supporting legalized hemp?
- Why did Mitch McConnell go all in on hemp?
- What did Congress intend by setting the definition for hemp at 0.3% or less delta-9 THC on a dry weight basis?
- How are delta-8 and other “hemp-derived THC” products being perceived by hemp’s champions on Capitol Hill?
Hemp Industry Episode Resources:
Host: Jonathan Miller
Guest: Pete Meachum
Blog: Hemp Legally Speaking
- What’s the status of federal legislation that would ensure that FDA regulates CBD as a dietary supplement and food and beverage additive?
- What is the legislative process that we should expect for these critical CBD bills?
- How can listeners influence federal policy on these and other matters?
- How important to Members of Congress are communications from their constituents?
Fred Cawthon and Developing a More Equitable Hemp Industry Episode Resources:
Host: Jonathan Miller
Guest: Frederick Cawthon
Blog: Hemp Legally Speaking
Hemp Industry questions covered in this episode:
- How have Americans of color struggled over the past few centuries when it has come to issues of hemp and cannabis?
- What steps are the US Hemp Roundtable taking to redress these wrongs and promote justice and equality in the hemp industry?
- What legislation is being sponsored to promote hemp research at Historically Black Colleges and Universities?
- How does a person of color enter the hemp industry and overcome obstacles presented to small businesses?
Joel Stanley and the Birth of the CBD Industry Episode Resources:
Host: Jonathan Miller
Guest: Joel Stanley
Blog: Hemp Legally Speaking
Hemp Industry questions covered in this episode:
- Who was Charlotte Fygi, and what role did she play in the development of the hemp and CBD industries?
- When did medical marijuana pioneers, the Stanley Brothers, hit on the idea that hemp could be a solution both for ailing children as well as promoting wellness in healthy adults?
- What was behind the Stanleys’ decision to take Charlotte’s Web public, and how should we assess the progress?
- What’s on the immediate horizon for the Stanleys in the health and wellness space?
Promoting Justice and Equality in the Hemp Industry Episode Resources:
Host: Jonathan Miller
Guest: Dr. Marielle Weintraub
Blog: Hemp Legally Speaking
Hemp Industry questions covered in this episode:
- Why did the hemp industry create the US Hemp Authority and what is its purpose?
- How does USHA develop standards, and who is involved in the process?
- How do farmers, processors, and manufacturers get certified in the program? Why should they do so?
- How do consumers learn which products are USHA certified? Why should they care?
If you have questions about the episode or ideas for Hemp related topics, email us at hemplegallyspeaking@fbtlaw.com.
Promoting Justice and Equality in the Hemp Industry Episode Resources:
Host: Jonathan Miller
Guest: Amber Littlejohn
Blog: Hemp Legally Speaking
Hemp industry questions covered in this podcast episode:
- On this Martin Luther King, Jr. holiday, what are the challenges confronted by the hemp industry in addressing King’s vision for justice and quality?
- What is the hemp industry doing to foster diversity, inclusion and equity?
- Why is passage of the SAFE Banking Act so important to small and minority-owned hemp businesses and farmers of color?
- What can our listeners do to reflect Dr. King’s values in their businesses and professional lives?
Hemp Policy: 2021 Year-in-Review and 2022 Preview Episode Resources
Host: Jonathan Miller
Blog: Hemp Legally Speaking
Questions covered in this episode:
- What actions did the FDA take (or fail to take) in developing a regulatory pathway for CBD in 2021, and what will Congress do in 2022 to force the agency’s hand?
- Why didn’t the SAFE Banking Act pass in 2021, and what are its prospects in 2022?
- How much progress was there in state legislatures on hemp and CBD issues in 2021, and what’s expected in the new year?
- What’s the debate ranging over delta-8 THC, and how will policymakers address it in 2022?
- What progress has been made on hemp fiber, and what are the prospects for its emergence as a solution for sustainable agriculture?
Hemp's International Trade Laws Episode Resources:
Host: Jonathan Miller
Guest: Jan de Beer
Blog: Hemp Legally Speaking
Questions covered in this Episode:
- For businesses looking to sell products overseas, what are the general concerns and procedures about exporting products?
- What are the particular concerns when it comes to hemp, both leaving the US and then being imported into another country? How are they different between raw hemp/hemp extract and finished products like CBD?
- Are there special codes/descriptions that I need to use to export products?
- What do I do if my products get seized at US Customs? What do I do if my products get seized by the customs of another country?
- What are other international trade considerations for exports? Taxes? Tariffs?
- What should I consider if I want to import raw hemp or hemp extract into the country? What are considerations for importing finished products such as CBD?
Capitalizing a Hemp Business Episode Resources:
Host: Jonathan Miller
Guest: Alan MacDonald
Blog: Hemp Legally Speaking
Hemp industry questions covered in this episode:
- There are hundreds, if not thousands, of companies in the hemp space seeking growth capital. It’s not as simple as asking people for money. What are the big picture issues and concerns that a business needs to consider?
- We’ve spoken with Olivia Snyder about business formation. Are there any particular business organizations you should consider or avoid when seeking capital?
- What would be appropriate considerations for raising your initial round of funding?
- Say I need to raise $1M to purchase key equipment for my firm. How would I go about that?
- Say I need to raise $5-10M to ramp up my manufacturing and/or distribution? What would be the appropriate strategy?
- You have advised hemp companies that have gone public. What big picture factors should a hemp/CBD company consider before electing to go public?
If you have questions about the episode or ideas for Hemp related topics, email us at hemplegallyspeaking@fbtlaw.com.
Establishing a Hemp Business Episode Resources:
Host: Jonathan Miller
Guest: Olivia Snyder Bryant
Blog: Hemp Legally Speaking
Hemp industry questions covered in this episode:
- What’s in a name? What are the considerations I have with naming my company?
- What do I need to do to ensure my name doesn’t get be into any hot water? Searches, registration?
- How do I protect my name?
- What are the different entity types from which I can choose? What are the distinctions?
- What are the tax consequences of my choices?
- How many officers/directors do I need?
- How do I prepare bylaws?
- How should I prepare articles of incorporation?
- How do I set up a bank account?
- What do I need to consider before I start hiring employees?
- What are special considerations for hemp businesses? CBD businesses?
If you have questions about the episode or ideas for Hemp related topics, email us at hemplegallyspeaking@fbtlaw.com.
Hemp Class Action Suits Episode Resources:
Host: Jonathan Miller
Guest: Martin Rose
Blog: Hemp Legally Speaking
Hemp industry questions covered in this episode:
- What is a class action lawsuit – what are some common examples?
- What is your experience in defending class action lawsuits?
- Why are so many of these suits being brought in California?
- What has been the subject matter of class action lawsuits brought in the hemp/CBD space?
- What were some of the hemp class action lawsuits you defended?
- What was the result of the lawsuits? What are the prospects of future developments on these lawsuits?
- When the FDA finally issues regulations, what would we expect in terms of class action lawsuits?
- What can companies do now to take themselves out of the crosshairs of future class action lawsuits?
If you have questions about the episode or ideas for Hemp related topics, email us at hemplegallyspeaking@fbtlaw.com.
Hemp Trademarks Episode Resources:
Host: Jonathan Miller
Guest: Karlyn Schnapp
Blog: Hemp Legally Speaking
Hemp industry questions covered in this episode:
- Explain in general why getting a trademark is a good idea.
- Explain the different kinds of trademarks – names, marks, etc.
- Explain the difference between a trademark and patent.
- What agency(ies) handle intellectual property issues – how do you typically engage with them?
- What’s the general federal trademark policy when it comes to hemp – how has that changed in recent years?
- What’s the federal trademark policy when it comes to CBD?
- If I am a CBD manufacturer and I want to secure a trademark, what are the strategies that I can follow in light of the current policy?
- What general advice would you give to a CBD manufacturer when it comes to intellectual property?
If you have questions about the episode or ideas for Hemp related topics, email us at hemplegallyspeaking@fbtlaw.com.
Novel Cannabinoids Episode Resources:
Host: Jonathan Miller
Guest: Andrea Steel
Related material: Take Heed- FDA & CDC Release Health Alerts About Delta-8 THC
Blog: Hemp Legally Speaking
Hemp industry questions covered in this episode:
- Beyond D8, what other novel cannabinoids are appearing on the market and how are they different?
- What is the significance of “naturally occurring” as opposed to synthetic?
- Are these novel cannabinoids illegal?
- What other risks should be considered beyond the possibility of criminal prosecution?
- Are we seeing any regulatory action at the state level?
- Any thoughts on what may happen in the future?
If you have questions about the episode or ideas for Hemp related topics, email us at hemplegallyspeaking@fbtlaw.com.
CBD Product Labeling Episode Resources:
Host: Jonathan Miller
Guest: Kimera Hall
Blog: Hemp Legally Speaking
Hemp industry questions covered in this episode:
- Explain the FDA’s role in regulating dietary supplements and food.
- Explain the FTC’s role in the same
- The FDA claims that it is illegal to sell ingestible CBD products – please explain their philosophy
- What has been the FDA’s enforcement experience in recent years?
- What kinds of health claims are prohibited? What are alternative ways to label products that won’t get you in trouble?
- What are structure/function claims and what do I need to do to make them?
- What are other labeling issues that a manufacturer should be concerned about?
- Why should I care what the FDA says if they already are claiming that products are illegal?
- What is happening in the states vis-a-vis labeling regulations?
- What tips would you give a manufacturer to keep compliant with federal and state laws?
If you have questions about the episode or ideas for Hemp related topics, email us at hemplegallyspeaking@fbtlaw.com
Hemp Banking Episode Resources:
Host: Jonathan Miller
Guest: Bill Repasky
Blog: Hemp Legally Speaking
Hemp industry questions covered in this episode:
- Speaking of cannabis in general, why are hemp businesses having trouble accessing banking services in states where the product is legal?
- Hemp is federally legal everywhere under the 2018 Farm Bill – so why in the world are hemp businesses still having problems in this area?
- CBD companies have particularly difficult issues with banking services. Why is that the case?
- What are the biggest issues that hemp-related businesses can expect to encounter when opening business accounts at banks or credit unions?
- Concerning retail hemp-related businesses that directly sell merchandise to customers, what issues exist for accepting consumers’ payments by credit cards?
- Regarding the U.S. House of Representatives’ SAFE Banking Act, what are the benefits for hemp-related businesses?
- What are the substantive differences between banks and credit unions for hemp-related businesses?
- If I am a hemp or CBD business, what steps do you recommend I take to access the full range of banking and credit card services?
- If I am a consumer who supports hemp and CBD, what should I do to help out?
If you have questions about the episode or ideas for Hemp related topics, email us at hemplegallyspeaking@fbtlaw.com
Delta-8 Episode Resources:
Host: Jonathan Miller
Guest: Nolan Jackson
Blog: Hemp Legally Speaking
Hemp industry questions covered in this episode:
- What is delta-8? How do you manufacture it?
- What’s the difference between delta-8 and delta-9?
- Make the argument that delta-8 is LEGAL federally.
- Make the argument that delta-8 is ILLEGAL federally.
- Putting aside the letter of the law, what is the spirit of the law, i.e. what were Congress’ intentions?
- What has the DEA said about delta-8?
- What is the US Hemp Roundtable’s position on delta-8?
- What is the US Hemp Authority’s position?
- What is the HIA’s position?
- What is the position of leading cannabis organizations?
- Have any states passed laws banning or regulating delta-8?
- Have any states promulgated regulations on the issue?
- In gray area states, are there agency officials who have made declarations about delta-8?
- Let’s discuss Kentucky – KDA statement, local enforcement actions, KHA threats.
- What are your predictions on future legal and regulatory treatment of delta-8?
If you have questions about the episode or ideas for Hemp related topics, email us at hemplegallyspeaking@fbtlaw.com
A new hemp podcast dedicated to the quickly changing rules and regulations that business owners face in the hemp industry. Hosted by Jonathan Miller, who helped craft much of federal and state hemp laws in his role as General Counsel of the US Hemp Roundtable, hosts a biweekly podcast in which he engages in 15-20 minute discussions of cutting-edge legal issues facing the industry. Jonathan speaks on each program with subject matter experts from Frost Brown Todd’s nationally leading hemp industry team.