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    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 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. The laws governing legal advertising in some states require the following statements in any publication of this kind: "THIS IS AN ADVERTISEMENT."
    en45 Episodes

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    Episodes (45)

    Former DEA Administrator Uttam Dhillon and Law Enforcement Views of Hemp and Cannabis

    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: 

    1. As the DEA head when hemp was legalized, why was the agency so concerned about hemp prior to legalization?
    2. What are the prospects of rescheduling cannabis, and what would serve as the regulatory framework?
    3. Why is law enforcement so generally opposed to cannabis legalization?
    4. Why does the DEA care about hemp/cannabis when there are so much more dangerous drugs affecting the country like heroin or fentanyl?
    5. What are the most common misperceptions about DEA agent and their motivations?

    Former "Drug Czar" Jim Carroll and the Potential Rescheduling of Cannabis

    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: 

    1. How does federal law enforcement view cannabis and its potential legalization?
    2. Are there more nuanced views toward hemp and CBD at the federal level?
    3. What is the status of the Biden Administration's potential efforts to reschedule cannabis at Schedule 3, and what would it mean?
    4. What would be an appropriate regulatory regime for cannabis under Schedule 3?
    5. How should the cannabis industry prepare for rescheduling?
    6. How would rescheduling impact hemp and hemp extracts?

    Deb Hackathorn and the Battle for Hemp Products in Ohio

    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: 

    1. Ohioans passed a referendum in November to legalize adult-use marijuana.  What was the reaction of the Governor and legislature on its implementation?
    2. What was the nature of legislation proposed in December that could have posed severe restrictions on hemp products in Ohio?
    3. How did the hemp industry secure defeat of provisions that could have devastated Ohio farmers?
    4. What are the Governor and legislature planning to do in the new year on these issues?
    5. How can citizens make their voices heard in a meaningful way on this issue?

    Dr. Sibyl Swift and Lance Blundell on CBD Safety

    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: 

    1. Is CBD safe?  From a legal perspective? From a scientific point of view?
    2. Why does the FDA continue to caution the public about the safety of hemp extracts like CBD?
    3. What are the steps Congress needs to take to ensure safe regulation of CBD?
    4. How should Congress approach the issue of potentially-impairing cannabinoids like delta-8 THC?
    5. What does Dr. Swift have to say about the growing #Swiftie movement?

    Rand Martin and the Battle for Hemp Products in California

    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: 

    1. What was in AB 45, the legislation that legalized CBD products in California, and how did it finally secure final passage?
    2. 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?
    3. 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?
    4. 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?
    5. What is the future of legislative and or regulatory policy when it comes to the treatment of full spectrum hemp products in California?

    Nolan Jackson and New State Law Roundup for Hemp/CBD in 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: 

    1. Why are states beginning to impose THC milligram limits on hemp-derived CBD products?
    2. What does the new New York regulatory regime mean for both the Empire State and the nation?
    3. What other states are imposing THC milligram caps on CBD products and how do these states differ from each other?
    4. 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?
    5. What should CBD manufacturers do to comply with these new state laws?
    6. What are the prospects for state action in 2024?

    Rayetta Henderson and the Science of CBD

    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: 

    1. What were the results of your toxicology studies on the safety of CBD isolate?
    2. How were thise results different from the studies championed by FDA concerning pharmaceutical-grade CBD found in the prescription drug Epidiolex?
    3. Why are studies of rodents applicable to the experience of humans?
    4. 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?
    5. What counsel to you give to Congress as they go about the process of drafting legislation to regulate CBD?

    Andrew Bish and the Promise of Hemp Feed

    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: 

    1. What is hemp feed and how is it used by farmers with their animals?
    2. How is hemp feed different from CBD products for pets?
    3. What is the current legal status for hemp feed in the US and the states?
    4. What is the status of efforts by industry to secure a regulatory pathway through FDA?
    5. How is the Farm Bill potentially being used as a vehicle to secure congressional support for hemp feed?

    Rob Pero, Mary Jane Oatman, and the Role of Hemp in Native American Communities

    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: 

    1. What's the history of hemp and cannabis in our U.S. tribal communities?
    2. How have Native Americans been disproportionately impacts by the War on Drugs?
    3. How has the 2018 Farm Bill impact hemp growth and development on Indian reservations?
    4. What projects and programs are Tribal organizations working on to build the domestic hemp industry?
    5. What is the Native American community looking for in the drafting of the 2023 Farm Bill?
    6. What is your 20-year vision for the development of the hemp industry among tribal communities?

    Nolan Jackson and the War on Hemp in the States

    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:

    1. What is the "War on Hemp" in the states, and who is waging it?
    2. How does the hemp industry approach the regulation of intoxicating cannabinoids?
    3. What is the new Kentucky model for regulating Delta-8 and how will it be implemented in the months ahead?
    4. What legislation has been introduced in Virginia, Maryland, Florida, and Arkansas that can impose havoc on the hemp industry?
    5. What can advocates do to support the hemp industry's efforts?
    6. What should product manufacturers do to prepare for upcoming regulations?

    Commissioner Ryan Quarles on FDA Inaction and the Rise of Delta-8

    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:

    1. What has FDA inaction on CBD and other hemp extracts wrought on the industry and Kentucky hemp farmers?
    2. When you recently met with FDA senior official, Janet Woodcock, what was your message and her response?
    3. What should Congress do to ensure that hemp-derived products like CBD are adequarely regulated?
    4. What has the rise of Delta-8 meant to Kentucky hemp farmers and consumers?
    5. What's the appropriate approach to regulate intoxicating cannabinoids like delta-8?
    6. As marijuana is legalized across the country, what's the proper role for hemp farmers?
    7. How bright is the future for hemp growing in Kentucky and across the nation?

    Vince Sanders and the Impact of FDA Inaction on Hemp at Retail

    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:

    1. How does American Shaman operate a franchise CBD store business operation and what's been the progress of this model?
    2. How has FDA's inaction on CBD regulations impacted the retail marketplace?
    3. What has been American Shaman's response to the growth of minor cannabinoids such as delta-8 THC?
    4. What was the content of FDA's Warning Letter to American Shaman, and how has the company responded?
    5. How concerned should we be about the future of the hemp and CBD industries?

    Jason Amatucci and the Legislative Battle for Hemp in Virginia

    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:

    1. What's the modern history of hemp in Virginia?
    2. How has the medical marijuana industry grown in recent years and how has it emerged as a threat to the state's hemp industry?
    3. What legislation is pending in the Virginia General Assembly and what is its status?
    4. What elements of the pending legislation threaten to severely undermine opportunities for hemp growers and small businesses?
    5. How can listeners intervene to promote the interests of the hemp industry?

    John Harloe and Colorado Regulation of Intoxicating Cannabinoids

    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:

    1. In last year's Colorado General Assembly, how was the issue of intoxicating cannabinoids raised, and how was it resolved?
    2. What were the key issues in controversy dividing the hemp and marijuana industries?
    3. 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?
    4. What were the key items debated by the Task Force and how were they resolved?
    5. Where did the Task Force land on issues such as THC potency, sale of delta-8 products, and container limits?
    6. What are now the next steps as the General Assembly review the Task Force's recommendations?

    Patrick Atagi and International Hemp Markets

    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?

    Jody McGinness and the Hemp Industries Association

    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?

    Congressman James Comer and Oversight of the FDA

    Congressman James Comer and Oversight of the FDA

    Hemp Industry questions covered in the episode:

    1. How will the House Oversight and Reform Committee approach the issue of FDA's inaction on regulating hemp and CBD?
    2. What will be different about your committee's approach than Congressional efforts over the past several years to demand FDA's action?
    3. Are challenges with the administrative state mostly political in nature or are they more related to the behavior of entrenched career bureaucrats?
    4. What will be the other priorities for the committee in 2023?
    5. Where will there be opportunities for bi-partisan action to promote stronger government agencies?

    Ilissa Nolan and Hemp and CBD in the Lone Star State

    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:

    1. How has Texas public policy evolved over the years in terms of cannabis in general?
    2. How successful has Texas' hemp pilot program been in providing alternatives for the state's farmers?
    3. What was the nature of the dispute between state legislators and hemp activists during the 2021 General Session about intoxicating cannabinoids?
    4. What are your expectations for the development of policies about hemp during the 2023 General Session?
    5. What is your opinion on the future of the hemp industry in the Lone Star State?

    Morris Beagle and The Future of Hemp

    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:

    1. What is WAFBA, and how did the NOCO Hemp Expo grow to be such a mammoth event?
    2. What is the future of intoxicating cannabinoids vis a vis non-intoxicating hemp products?
    3. What applications for hemp fiber have the most economic viability?
    4. How will the hemp industry take advantage of the nation's focus on sustainability?
    5. What should we expect the hemp industry to look like 10 years from now?

    Andrea Steel and Intoxicating Cannabinoids

    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:

    1. What has the FDA done in recent months to share its opinions on the development of intoxicating cannabinoids such as delta-8 THC?
    2. What does the highly-publicized death of a Virginia child, apparently from the consumption of delta-8 THC signal about future laws or regulations?
    3. What are states doing to address the growing intoxicating hemp market, and what are the variances among states such as Oregon and Minnesota.
    4. What's on the agenda of the Texas legislature when it comes to hemp and intoxicating cannabinoids?
    5. How do you advise clients in this space to navigate the gray and changing legal and regulatory frameworks?
    6. How you do advise consumers on accessing these products in the marketplace?
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