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Hemp 101 - USDA Hemp Regulations 2021


Join Courtney N. Moran, LL.M., EARTH Law, LLC and Shawn Hauser, Vicente Sederberg LLP, for a Hemp 101 Regulatory Update. With historic Final Rules published by USDA, the new 117th Congress, and recent public statements from DEA and FDA, federal hemp policy is quickly advancing, and creating new opportunities (and hurdles) for states, tribal governments, and industry stakeholders. We’ve come a long way to bring hemp out of prohibition and into agricultural regulation, but the federal framework is imperfect and we must continue our efforts to secure an effective framework for this promising industry. As hemp policy continues to evolve, ensure you are staying at the forefront of regulatory developments to provide your clients with the best counsel for the 2021 production season.

 

Shawn Hauser, Partner, Vicente LLP

Shawn Hauser is a partner at Vicente LLP, where she co-chairs the firm's Hemp and Cannabinoids Department and Federal and International Law Group. She helps cannabis, hemp, and psychedelics businesses navigate the intersections between state and federal law and ensure compliance as laws evolve. Her practice focuses on regulatory compliance, licensing, general business representation, policy reform and strategic guidance to best position businesses for success at the state, national, and international levels.

With more than a decade of experience in cannabis law and policy, Shawn is a go-to source for businesses, industry groups, governments, and reporters seeking opinions, analysis, and guidance. She has presented on cannabis law and policy to many local, federal, and international agencies, including the U.S. Food and Drug Administration and UK Parliament.

Since directing Sensible Colorado's local government implementation team following the passage of Amendment 64, Shawn remains active in policy work with local and state governments in Colorado and Texas as well as advocating for federal reforms. She is passionate in supporting the development and implementation of cannabis, hemp, and psychedelics regulations that advance the industries responsibly and in support of public health. Active in the community, Shawn currently serves on the Board of Directors of United States Cannabis Council, and previously served on boards of the International Cannabis Bar Association and on the steering committee of the American Hemp Campaign—a project of Vote Hemp—which was instrumental in legalizing hemp in Texas in 2019.

Well-regarded in her field, Shawn has received many accolades. She was named one of the top cannabis lawyers in the United States Chambers and Partners and was recognized by her peers in The Best Lawyers in America® for her work in cannabis law. Additionally, Shawn has been listed in 5280 magazine's "Denver's Top Lawyers" list since 2015 and was included in Denver Business Journal's "40 Under 40" in 2021.

After attending law school at the University of Denver, Shawn was an associate attorney at McAllister, Darnell & Gottlieb PC, one of the first marijuana-focused law firms in Colorado.

 

Courtney Moran, LL.M., Founding Principal, Attorney & Counselor at Law, EARTH Law LLC

Courtney N. Moran, LL.M., Founding Principal of EARTH Law, LLC, and Chief Legislative Strategist for Agricultural Hemp Solutions, LLC, has a passion for policy reform and precedent-setting. She liaised with the offices of Senators Mitch McConnell (R-KY) and Ron Wyden (D-OR) in drafting and negotiating the Hemp Farming Act of 2018, the language included in the 2018 Farm Bill federally legalizing hemp in the United States. Courtney is a highly accomplished attorney and lobbyist with extensive knowledge and expertise in hemp law. Courtney was awarded the Oregon State Bar Leland R. Berger Lifetime Achievement Award on September 27, 2024, the highest honor bestowed by the Cannabis and Psychedelics Law Section. She was designated a 2024/2025 Global Top 200 Cannabis Lawyer and a 2023/2024 Top 200 Global Psychedelic Lawyer and Policy & Regulatory Expert. The docuseries, Legalize It: Triumphs in Hemp Lobbying overviews the 12 pro-hemp bills she led to passage between 2016-2024. Her tenacity, unparalleled success rates, and commitment to promoting fair and equitable regulations have earned her recognition as a trusted voice and leader within the industry. U.S. Senator Ron Wyden acknowledged "In a sentence, we would not have hemp legalization without Courtney".

 

Courtney is admitted to practice in Oregon, Wisconsin, and Minnesota. As Founding Principal of EARTH Law, LLC, Courtney is dedicated to providing exceptional legal services to individuals and businesses operating in the cannabis, hemp, and agriculture industries. She works closely with clients to develop tailored strategies that align with their goals while ensuring compliance with local, state, and federal laws. Courtney successfully litigated the landmark cases KaB, LLC v USPIS (2018) and RNF, LLC v USPIS, MLB 18-113 (2018) establishing the precedent for the shipment of hemp, specifically hemp-derived CBD and viable hemp seeds, through the US Postal Service. In 2022, Courtney won a hemp-derived delta-8 seizure case, upholding the protections of the 2018 Farm Bill for the transportation and shipment of hemp and hemp-derived products. Throughout 2023, EARTH Law secured a release of a Detainment Order for a hemp crop testing above 0.3% total THC, attained an update to Hemp Program rules on resampling and retesting crops with not more than 1% total THC, and expertly negotiated a Stipulated Settlement Agreement for licensing and production violations, protecting the client's ability to sell their harvest lot and continue future licensing within the state Hemp Program. In 2024, Courtney, in serving as expert co-counsel, obtained a case dismissal for felony charges of unlawful export and unlawful distribution of hemp-derived THCA concentrate.

As Chief Legislative Strategist for Agricultural Hemp Solutions, she actively engages in advocacy and lobbying efforts to shape cannabis, hemp, and agricultural policies at the state and federal levels. Courtney strategically guided the initial implementation of hemp programs in Oregon, South Carolina, Wisconsin, Alaska, and Missouri. She continues to influence hemp policy development in numerous states throughout the U.S. and federally. In 2021, she led the passage of HB 396 in Montana, authorizing hemp food ingredients as commercial animal feed, opening markets for hemp grain, fiber, and whole plant products. In 2022, Courtney served as a Governor Appointee on the HB3000/SB1564 Taskforce on Cannabis-Derived Intoxicants and Illegal Cannabis Production, representing hemp farmer interests throughout the state of Oregon. From 2021-2024, Courtney led efforts with IND Hemp and the National Hemp Association championing policy for industrial hemp agribusiness, co-authoring the federal Industrial Hemp Act of 2023 (S. 980, H.R. 3755) included in the base text in both the House and Senate 2024 Farm Bills, to reduce regulatory barriers for grain and fiber farmers, support industrial hemp supply chain growth, and expand industrial hemp grain and fiber market opportunities. 

In addition to her legal and policy work, Courtney is a sought-after speaker and educator. In Fall 2021, Courtney joined the Oaksterdam University Faculty teaching Business of Cannabis: Hemp and CBD. In Spring 2022, she joined the Lewis and Clark Law School Faculty as an adjunct law professor, teaching the first Hemp Law & Policy course in the U.S. Courtney inspires her students to make a difference and encourages their ability to cultivate change.

Courtney serves on the Oregon State Bar Agricultural Law Section Executive Committee, the Oregon State Bar Cannabis and Psychedelics Law Section Executive Committee, Portland Psychedelic Society Action Fund Board of Directors, National Hemp Association Board of Directors, the Global Hemp Innovation Center Advisory Board, the National Hemp Association Standing Committee of Hemp Organizations, the national NORML Board of Directors Emeritus Board, and the International Cannabis Bar Association Advisory Board.

Courtney was voted by the HIA membership as the 2018 Hemp Industries Association Advocate of the Year. She was also awarded as Hemp History Week’s Leading Grassroots Advocate. Courtney was celebrated by Capital Press newspaper as the Western Innovator: Leading the ‘green rush’. 

Courtney is also a certified OSU Master Gardener Volunteer and has maintained active certification since November 2016.


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