Hemp Legally Speaking
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 po...
Mon, April 14, 2025
Clifford Starke and Investing in the Hemp Industry
Jonathan Miller interviews Clifford Starke, Chair of Hampstead Private Capital and CEO of Flora Growth, about the economic climate for investing in the hemp and cannabis industries. 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: How did you get involved in the hemp and cannabis space? What is the current economic climate for investors in the hemp industry? What advice would you give to an entrepreneur who is seeking capital to grow their business? How would you advise Congress and state legislatures to protect the hemp industry? What are your short term and long term outlooks for the success of the hemp industry?
Mon, March 31, 2025
U.S. Hemp Roundtable President Jena Murray and the Future of Hemp Policy
Jonathan Miller interviews Jena Murray, the newly elected President of the US Hemp Roundtable, about policy challenges and opportunities facing the U.S. hemp industry. 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: Who is Jena Murray and what was her path to becoming President of the US Hemp Roundtable? How has Medterra made the transition from non-intoxicating CBD to adult hemp products? What is your vision about the future of U.S. hemp policy with today's Congress and White House? As a California company, how concerned are you about state policy on hemp products? What other states are of greatest concern for the hemp industry?
Mon, March 17, 2025
Craig Katz and Hemp Policy in Illinois & Missouri
Jonathan Miller interviews Craig Katz, Government Relations Manager of CBD Kratom, about policy challenges and opportunities facing the hemp industry in Illinois and Missouri. 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 CBD Kratom's role in the US hemp industry? Given the opposition of Governor JB Pritzker, what's the status of legislative policy in Illinois? With the support Mayor Brandon Johnson, how are regulatory efforts proceeding in Chicago? How is the hemp industry navigating legislative battles with Big Marijuana and divisions among themselves in Missouri? Having served in the legislative trenches where the sausage is made, what are your general feelings about the future of US hemp policy?
Mon, February 17, 2025
Scott Selix and Hemp Policy in the Upper Midwest
Jonathan Miller interviews Scott Selix, Founder and General Counsel of Climbing Kites, about policy challenges and opportunities facing the hemp beverage industry in the upper Midwest. 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 Climbing Kites in the hemp space? How does Climbing Kites ensure the quality and safety of its products and why is it certifying with the US Hemp Authority? How has hemp policy transformed in Iowa? What is the status of efforts to ban hemp products in Nebraska? How bullish are you about the future of hemp products, particularly beverages?
Mon, February 03, 2025
Jonathan Black, Cheech & Chong, and California Dreaming
Jonathan Miller interviews Jonathan Black, CEO of Cheech & Chong's, about efforts in California to restore the sale of hemp products at retail. 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 it like to work with icons Cheech Marin and Tommy Chong? Why was California Governor Newsom so animated about banning the sale of all hemp products? What was the effort to bring together dozens of brands from both the marijuana and hemp industry to build consensus on a legislative agenda? How bullish are you on the prospects of legislation in California to restore the retail sale of hemp products? What is the future of the hemp product industry, particularly hemp beverages?
Mon, November 18, 2024
Art Massolo and the Policy Future for Hemp Beverages
Jonathan Miller interviews Art Massolo, Vice President for Business Develop of Cycling Frog, about policy challenges and opportunities facing the hemp beverage industry. 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: Why have hemp beverages become the fastest growing segment of the hemp industry? How does the hemp beverage space compare with the alcohol industry? What kinds of regulatory changes are necessary to ensure a successful industry? How should beverage brands interact with the rest of the greater hemp industry in terms of pursuing policy solutions? What should a prospective hemp beverage consumer know about products?
Mon, October 28, 2024
Aaron Nosbisch and the Rise of Hemp Beverages
Jonathan Miller interviews Aaron Nosbisch, the CEO of Brez, about the exciting new category of hemp beverages, the challenges and the opportunities. 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 are the factors behind the recent surge of the hemp beverage industry? What are the typical demographics of hemp beverage consumers? Why do you oppose limiting the sale of hemp beverages to marijuana dispensaries? How is the direct-to-consumer market growing in the hemp beverage space? Should the three-tier regulatory model for alcohol apply to hemp beverages as well?
Mon, October 14, 2024
Boone Cutler and the Fight for Access by Veterans for Hemp Products
Jonathan Miller interviews Boone Cutler, the chairman of Spartan Sword, a veterans’ advocacy organization, about continuing battles our nation’s veterans face in ensuring access to hemp and CBD products for health and wellness purposes. 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 Spartan Sword, and how does the organization advocate for the interests of U.S. veterans? Why is access to hemp, CBD and cannabis important for our nation’s veterans? What role has the U.S. Veterans Administration played in the provision of hemp and cannabis products to veterans? What policy changes are needed to better provide access to veterans of needed hemp and cannabis products?
Mon, August 19, 2024
Gillian Schauer, Jessice Burgess and an Outlook on Hemp from State Regulators
Jonathan Miller interviews Gillian Schauer, Executive Director of the Cannabis Regulators Association (CANNRA), and Jessica Burgess, Deputy General Counsel of the Massachusetts Department of Agricultural Resources, about hemp policy from the purview of state regulators. 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 the Cannabis Regulators Association (CANNRA) and what is its role in developing national and state hemp policy? What has CANNRA recommended to Congress in terms of the federal regulatory treatment of hemp products? How does CANNRA work to provide consistency among state hemp regulatory approaches in the absence of federal regulation? What is the legal status of products containing CBD and THC in Massachusetts? How can the hemp industry better promote diversity and equitable treatment of individuals within the industry?
Mon, August 05, 2024
Robert Hoban and the "War" Between Hemp and Marijuana
Jonathan Miller interviews Robert Hoban, a leading national attorney in the hemp and cannabis space, about the brewing policy conflict emerging between the hemp industry and its cousins in the cannabis industry. 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 the war between hemp and marijuana and how did it get started? What do leading cannabis associations say about the rise of hemp products that are potentially impairing? Is there any common ground between the hemp and marijuana industries on the issue of adult cannabinoids? What is the legal and regulatory future for intoxicating hemp products and how should companies in the space be prepared?
Mon, July 22, 2024
Rod Kight and Regulation of Adult Cannabinoids
Jonathan Miller interviews Rod Kight, one of the nation's leading hemp attorneys, on the optimal path forward for the regulation of adult hemp cannabinoid products. 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: How did the adult cannabinoid product market emerge and what is its current status? What is Kight's suggested "three pillar" approach for regulating cannabinoids? What is THC-A and how should it be treated under federal and state law and regulation? How important is self-regulation to the industry and what's the role of the US Hemp Authority?
Mon, July 08, 2024
Chris Fontes and the US Hemp Authority Adult Certification Program
Jonathan Miller interviews Chris Fontes, President of the US Hemp Authority about that organization's upcoming adult product certification program. 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: Why did the US Hemp Authority decide to implement an adult product certification program? What does the current marketplace look like for hemp products that potentially impair consumers? How is the adult certification program different from the current non-intoxicating certification program? How will this program help keep adult products out of the hands of children? Why should a brand owner choose to certify their products through the program? How should state and federal regulators take notice?
Mon, May 20, 2024
Nolan Jackson and New Hemp Laws & Regulations in the States
Jonathan Miller interviews Nolan Jackson, partner at Frost Brown Todd and regulatory counsel to the US Hemp Roundtable, about major legislative and regulatory changes being made at the state level during 2024. 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 the impact of new laws passed by state legislatures in CT, SD, FL, GA, IA and TN? What is the impact of new regulatory and administrative actions taken in DC, KY, and MD? What is the status of legislation pending in CA, IL, LA and OH? How can an individual or company keep apprised of the detailed changes being made on a regular basis in the states?
Mon, April 08, 2024
Bill Bookout and a New Study on Hemp for Pets
Jonathan Miller interviews Bill Bookout, President of the National Animal Supplements Council, about an exciting new study on the impact of hemp and CBD on household pets. 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 the current marketplace for hemp supplements for pets? How are pet owners finding value for administering hemp and CBD? What were the results of the new study NASC commissioned on the use of hemp and CBD for pets? How will this study shape future regulatory action from the FDA? What advice do you give to pet owners on hemp and CBD pet products?
Mon, March 11, 2024
Former DEA Administrator Uttam Dhillon and Law Enforcement Views of Hemp and Cannabis
Jonathan Miller interviews Uttam Dhillon, the former Acting Administrator of the Drug Enforcement Administration and current partner at Frost Brown Todd, about federal law enforcement views of hemp and cannabis, and the potential rescheduling and descheduling of cannabis. 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: As the DEA head when hemp was legalized, why was the agency so concerned about hemp prior to legalization? What are the prospects of rescheduling cannabis, and what would serve as the regulatory framework? Why is law enforcement so generally opposed to cannabis legalization? Why does the DEA care about hemp/cannabis when there are so much more dangerous drugs affecting the country like heroin or fentanyl? What are the most common misperceptions about DEA agent and their motivations?
Mon, January 29, 2024
Former "Drug Czar" Jim Carroll and the Potential Rescheduling of Cannabis
Jonathan Miller interviews Jim Carroll, the former White House "Drug Czar" and current partner at Frost Brown Todd, about federal law enforcement views of hemp and cannabis, and the potential rescheduling of marijuana. 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: How does federal law enforcement view cannabis and its potential legalization? Are there more nuanced views toward hemp and CBD at the federal level? What is the status of the Biden Administration's potential efforts to reschedule cannabis at Schedule 3, and what would it mean? What would be an appropriate regulatory regime for cannabis under Schedule 3? How should the cannabis industry prepare for rescheduling? How would rescheduling impact hemp and hemp extracts?
Mon, January 15, 2024
Deb Hackathorn and the Battle for Hemp Products in Ohio
Jonathan Miller interviews Deb Hackathorn, Frost Brown Todd principal and the U.S Hemp Roundtable's lobbyist in Columbus, about legislative efforts to ban certain hemp products in the Buckeye State. 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: Ohioans passed a referendum in November to legalize adult-use marijuana. What was the reaction of the Governor and legislature on its implementation? What was the nature of legislation proposed in December that could have posed severe restrictions on hemp products in Ohio? How did the hemp industry secure defeat of provisions that could have devastated Ohio farmers? What are the Governor and legislature planning to do in the new year on these issues? How can citizens make their voices heard in a meaningful way on this issue?
Mon, October 23, 2023
Dr. Sibyl Swift and Lance Blundell on CBD Safety
Jonathan Miller interviews CMDMd's Chief Science Officer Sibyl Swift and General Counsel Lance Blundell on the safety and future regulation of 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: Is CBD safe? From a legal perspective? From a scientific point of view? Why does the FDA continue to caution the public about the safety of hemp extracts like CBD? What are the steps Congress needs to take to ensure safe regulation of CBD? How should Congress approach the issue of potentially-impairing cannabinoids like delta-8 THC? What does Dr. Swift have to say about the growing #Swiftie movement?
Tue, October 10, 2023
Rand Martin and the Battle for Hemp Products in California
Jonathan Miller interviews Rand Martin, the U.S Hemp Roundtable's lobbyist in Sacramento, about ongoing legislative and regulatory efforts to support (and burden) hemp products in California. 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 was in AB 45, the legislation that legalized CBD products in California, and how did it finally secure final passage? How has the hemp smokable ban been addressed (or fail to be addressed) since passage of AB 45, and what are its prospects for the future? How did recently introduced AB 420 intend to permit cannabis licensees to sell hemp products and what was the level of support for such a proposal? When did AB 420 get enmeshed in the national debate over THC milligram limits on hemp products and what was the end result of the discussions? What is the future of legislative and or regulatory policy when it comes to the treatment of full spectrum hemp products in California?
Mon, September 11, 2023
Nolan Jackson and New State Law Roundup for Hemp/CBD in 2023
Jonathan Miller interviews his Frost Brown Todd colleague, Nolan Jackson, who serves as Regulatory Counsel for the US Hemp Roundtable, and the two discuss new state laws and regulations that have imposed restrictions on hemp and CBD products. 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: Why are states beginning to impose THC milligram limits on hemp-derived CBD products? What does the new New York regulatory regime mean for both the Empire State and the nation? What other states are imposing THC milligram caps on CBD products and how do these states differ from each other? Why is there a new trend to impose age restrictions on CBD products, and which states have implemented new laws or regulations in this space? What should CBD manufacturers do to comply with these new state laws? What are the prospects for state action in 2024?
Mon, August 28, 2023
Rayetta Henderson and the Science of CBD
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?
Mon, July 31, 2023
Andrew Bish and the Promise of Hemp Feed
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?
Mon, June 19, 2023
Rob Pero, Mary Jane Oatman, and the Role of Hemp in Native American Communities
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?
Mon, April 10, 2023
Nolan Jackson and the War on Hemp in the States
Jonathan Miller interviews Nolan Jackson, regulatory counsel to the US Hemp Roundtable, about state legislative efforts to prohibit intoxicating cannabinoids and define "intoxicating" in unfair, restrictive ways. 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 the "War on Hemp" in the states, and who is waging it? How does the hemp industry approach the regulation of intoxicating cannabinoids? What is the new Kentucky model for regulating Delta-8 and how will it be implemented in the months ahead? What legislation has been introduced in Virginia, Maryland, Florida, and Arkansas that can impose havoc on the hemp industry? What can advocates do to support the hemp industry's efforts? What should product manufacturers do to prepare for upcoming regulations?
Mon, March 27, 2023
Commissioner Ryan Quarles on FDA Inaction and the Rise of Delta-8
Jonathan Miller interviews Kentucky Commissioner of Agriculture Ryan Quarles, a national leader on hemp policy, about the impact of FDA's actions and inaction and the rise of 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 FDA inaction on CBD and other hemp extracts wrought on the industry and Kentucky hemp farmers? When you recently met with FDA senior official, Janet Woodcock, what was your message and her response? What should Congress do to ensure that hemp-derived products like CBD are adequarely regulated? What has the rise of Delta-8 meant to Kentucky hemp farmers and consumers? What's the appropriate approach to regulate intoxicating cannabinoids like delta-8? As marijuana is legalized across the country, what's the proper role for hemp farmers? How bright is the future for hemp growing in Kentucky and across the nation?
Mon, March 13, 2023
Vince Sanders and the Impact of FDA Inaction on Hemp at Retail
Jonathan Miller interviews Vince Sanders, CEO of American Shaman, about FDA's actions and inaction and the impact on the future of the hemp and CBD industries. 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: How does American Shaman operate a franchise CBD store business operation and what's been the progress of this model? How has FDA's inaction on CBD regulations impacted the retail marketplace? What has been American Shaman's response to the growth of minor cannabinoids such as delta-8 THC? What was the content of FDA's Warning Letter to American Shaman, and how has the company responded? How concerned should we be about the future of the hemp and CBD industries?
Mon, February 27, 2023
Jason Amatucci and the Legislative Battle for Hemp in Virginia
Jonathan Miller interviews Jason Amatucci about legislative efforts in the Virginia General Assembly that could crush the state's hemp industry and serve as a negative model for the nation. 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 modern history of hemp in Virginia? How has the medical marijuana industry grown in recent years and how has it emerged as a threat to the state's hemp industry? What legislation is pending in the Virginia General Assembly and what is its status? What elements of the pending legislation threaten to severely undermine opportunities for hemp growers and small businesses? How can listeners intervene to promote the interests of the hemp industry?
Mon, February 13, 2023
John Harloe and Colorado Regulation of Intoxicating Cannabinoids
Jonathan Miller interviews John Harloe, General Counsel of Balanced Health Botanicals, about Colorado's efforts to develop laws and a regulatory regime concerning intoxicating cannabinoids. 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: In last year's Colorado General Assembly, how was the issue of intoxicating cannabinoids raised, and how was it resolved? What were the key issues in controversy dividing the hemp and marijuana industries? Through your service on the Task Force created by the legislature to address these issues, what did you learn about the various segments of the cannabis industry? What were the key items debated by the Task Force and how were they resolved? Where did the Task Force land on issues such as THC potency, sale of delta-8 products, and container limits? What are now the next steps as the General Assembly review the Task Force's recommendations?
Mon, January 30, 2023
Patrick Atagi and International Hemp Markets
Jonathan Miller interviews Patrick Atagi, President and CEO of the National Industrial Hemp Council, about the promotion and marketing of U.S. hemp internationally. 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: 1. What is the National Industrial Hemp Council, and what is its role in promoting U.S. hemp into international markets? 2. From the perspective of attending a hemp conference in Bangkok, Thailand, what are the prospects for international hemp trade between those two countries? 3. What other nations pose the most promising partners for international hemp trade, and where should U.S. farmers and businesses aim their promotion? 4. Chinese hemp imports have long reached the U.S. and have often been considered substandard. What does the future look like for hemp trade between our two nations, and will it help improve the quality of the biomass and products? 5. What is the Federation of International Hemp Organization, and what is it doing to promote consistent standards and regulations across borders?
Mon, January 16, 2023
Jody McGinness and the Hemp Industries Association
Jonathan Miller interviews Jody McGinness, Executive Director of the Hemp Industries Association (HIA), about the HIA's past, present and future agenda. 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: 1. What is the history of the Hemp Industries Association (HIA), the granddaddy of all hemp organizations in the United States? 2. How has HIA's litigation against the federal government shaped the industry and laid the groundwork for the crop's full legalization? 3. How has HIA transitioned from a rough period for the organization concurrent with the downturn of the industry and the rise of COVID? 4. When will HIA return to hosting its popular national conventions? 5. What are HIA's policy priorities for the 2023 Farm Bill and beyond?
Mon, January 02, 2023
Congressman James Comer and Oversight of the FDA
Hemp Industry questions covered in the episode: How will the House Oversight and Reform Committee approach the issue of FDA's inaction on regulating hemp and CBD? What will be different about your committee's approach than Congressional efforts over the past several years to demand FDA's action? Are challenges with the administrative state mostly political in nature or are they more related to the behavior of entrenched career bureaucrats? What will be the other priorities for the committee in 2023? Where will there be opportunities for bi-partisan action to promote stronger government agencies?
Mon, December 19, 2022
Ilissa Nolan and Hemp and CBD in the Lone Star State
Jonathan Miller interviews Illissa Nolan, Executive Director of the Texas Hemp Coalition, to discuss evolving policies on hemp and CBD in the Lone Star State. 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: How has Texas public policy evolved over the years in terms of cannabis in general? How successful has Texas' hemp pilot program been in providing alternatives for the state's farmers? What was the nature of the dispute between state legislators and hemp activists during the 2021 General Session about intoxicating cannabinoids? What are your expectations for the development of policies about hemp during the 2023 General Session? What is your opinion on the future of the hemp industry in the Lone Star State?
Mon, December 05, 2022
Morris Beagle and The Future of Hemp
Jonathan Miller interviews Morris Beagle, CEO of We Are for Better Alternatives and the NOCO Hemp Expo, an OG of the hemp movement, about his forecast for the future of the industry. 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 WAFBA, and how did the NOCO Hemp Expo grow to be such a mammoth event? What is the future of intoxicating cannabinoids vis a vis non-intoxicating hemp products? What applications for hemp fiber have the most economic viability? How will the hemp industry take advantage of the nation's focus on sustainability? What should we expect the hemp industry to look like 10 years from now?
Mon, November 21, 2022
Andrea Steel and Intoxicating Cannabinoids
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?
Mon, November 07, 2022
Eric Wang and Hemp Fiber and Sustainability
Host: Jonathan Miller Guest: E ric 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?
Mon, October 24, 2022
Bill Bookout and Regulating Hemp and CBD for Animals
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?
Mon, September 12, 2022
Axel Bernabe and the New York Model for Regulating Hemp
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?
Mon, August 29, 2022
Congressman Ed Perlmutter and the SAFE Banking Act
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?
Mon, August 15, 2022
Wendy Mosher and the "Value the Seed" Initiative
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?
Mon, August 01, 2022
Congressman Morgan Griffith and Regulation of CBD and Other Hemp Extracts
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?
Mon, June 27, 2022
Andrew Brisbo: Regulating Hemp in Michigan and Across the Nation
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”
Mon, May 23, 2022
Dr. Robert Kaufman and the new ValidCare Safety Study on CBD
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?
Mon, April 11, 2022
Russell Coleman and the Rebirth of Legal Hemp
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?
Mon, March 28, 2022
Pete Meachum and Congressional Efforts to Regulate CBD Now
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?
Mon, February 28, 2022
Fred Cawthon and Developing a More Equitable Hemp Industry
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?
Mon, February 14, 2022
Joel Stanley and the Birth of the CBD Industry
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?
Mon, January 31, 2022
U.S. Hemp Authority
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 .
Mon, January 17, 2022
Promoting Justice and Equality in the Hemp Industry
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?
Mon, December 20, 2021
Hemp Policy: 2021 Year-in-Review and 2022 Preview
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?
Mon, December 06, 2021
Hemp's International Trade Laws
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?
Mon, November 22, 2021
Capitalizing a Hemp Business
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 .
Mon, November 08, 2021
Establishing a Hemp Business
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 .
Mon, October 25, 2021
Hemp Class Action Suits
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 .
Mon, October 11, 2021
Hemp Trademarks
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 .
Mon, September 27, 2021
Novel Cannabinoids
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 .
Mon, September 13, 2021
CBD Product Labeling
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
Mon, August 30, 2021
Hemp Banking
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
Mon, August 16, 2021
Delta-8
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
Trailer · Mon, August 02, 2021
Trailer - Hemp Legally Speaking
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.
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