LawBank Attorney Alex Buscher Hosts Help Law Webinar
On March 25, 2020, well-known Colorado hemp law attorney and LawBank member Alex Buscher hosted a CLE on the evolving role of hemp in United States agriculture. Attendees spent the lunchtime hour in this webinar learning all about different laws impacting the use and regulation of hemp on state and federal levels, ethical issues concerning attorneys working with hemp clients, and specific state laws currently on the books.
As Alex began his presentation, he spoke about the Controlled Substances Act. Prior to the 2018 Farm Bill, it was illegal to grow cannabis for commercial purposes; this limitation included both marijuana and hemp. To create hemp items like rope, manufacturers had to import products.
Alex moved on to the 2018 Farm Bill and discussed how this changed the commercial hemp industry. This bill exempted hemp from the definition of marijuana in the Controlled Substances Act, effectively making hemp legal at the federal level. However, this change did give states discretion to prohibit hemp or limit the use of hemp with more stringent laws.
From there, Alex moved onto USDA and FDA hemp rules. This part of his presentation included laws on how hemp products are labeled and marketed, as well as testing restrictions.
Alex delved into state-specific hemp rules, one of the main areas of difficulty for those working with companies that use hemp in their products. Establishing a national hemp business is challenging when every state has the freedom to create its own rules regarding hemp and hemp-derived ingredients.
Attorneys interested in working in this area often have concerns about ethical issues regarding working with clients in this industry, due to the lack of clarity surrounding the laws on this topic.
However, since hemp is legal both on a federal level and in the state of Colorado, Colorado attorneys have no issues working with clients in the hemp industry. There are concerns to watch out for, such as the distinction between hemp and marijuana can become unclear when hemp exceeds THC concentration limits, putting attorneys in a difficult position. Again, the conflict between state and federal law continues to be a sticking point.
As one of the foremost experts in hemp law in Colorado, Alex Buscher is an excellent resource for LawBank members with questions on this area of practice. He works with cultivators, retailers, processors, exporters, investors, and retail manufacturers. We thank him for his time and knowledge. You can learn more about Alex and his work at Buscher Law, LLC.
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