In October 2019, USDA published its Interim Final Rule (“IFR”) implementing the hemp provisions of the 2018 Farm Bill. Many industry experts worry that the IFR makes it practically, legally, and scientifically impossible to cultivate hemp for CBD. This panel seeks to get to the bottom of the IFR and what it means for the hemp CBD industry currently and in the future. We may also touch on the intersection of USDA and FDA authority to regulate hemp-derived CBD products.
Credits
General
This program is eligible for 1 hours of General CLE credit in 60-minute states, and 1.2 hours of General CLE credit in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.
INCBA webinars are generally eligible for credit in the following states: AR, AL, CA, CO, GA, HI, IL, NJ, NM, NY, ND, PA, TX, VT. Additional states may be available for credit upon self-application by attendees. States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program.
The on-demand version of this webinar is eligible for credit in the following states: AR, AL, CA, CO, GA, HI, IL, NJ, NM, NY, ND, PA, TX, VT. Additional states may be available for credit upon self-application by attendees.
(Default credit disclaimer updated 02.08.2024)
For current accreditation status, please select your jurisdiction below.
Handouts
Interim Final Rule
(2.33 MB)
Available after Purchase
Agriculture Improvement Act of 2018 (Hemp Provisions)
(0.16 MB)
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.
Richard Y. Cheng, a distinguished member at Ritter Spencer Cheng PLLC, brings a wealth of experience and expertise in corporate transactions, regulatory, compliance matters, and administrative appeals. His profound knowledge of healthcare and corporate M&A law has led him to represent a diverse range of investment platforms (e.g. private equity, family offices, venture capital funds) and healthcare providers ranging from post-acute care providers (e.g. skilled nursing facilities, assisted living facilities, hospices, and home health agencies), hospitals, physician groups, ancillary providers, behavioral health facilities, management service organizations, dental services organizations, NPHOs and veterinarians. Richard’s adeptness in navigating various healthcare regulations has solidified his reputation as a trusted legal advisor in healthcare law.
At Ritter Spencer Cheng PLLC, Richard leads the healthcare and corporate M&A practice, offering representation to a broad range of investors, healthcare organizations and providers. His extensive background includes dealing with the Stark Law, the Anti-Kickback Statute, the False Claims Act, HIPAA, EKRA, CMP assessments, corporate practice of medicine and dentistry laws, and state related regulations. Prior to forming Ritter Spencer Cheng, PLLC, Richard was an equity partner at an Am Law 100 global law firm where he was a member of the corporate practice group, healthcare section and chaired the firm’s hemp / regulated products practice group.
In addition to his traditional healthcare practice, Richard developed a cannabis regulatory and corporate practice starting in late 2013. As a leading cannabis attorney, Richard served as outside general counsel to the Texas Cannabis Industry Association, co-authored a FDA primer in preparation for the 2019 FDA public hearing on CBD products and has been named a top 250 cannabis legal expert by DataBird Research Journal. He represents a broad base of cannabis related clients, including, private equity groups investing in the cannabis industry, physicians, medical marijuana dispensaries, seed developers, cultivators, processors, wholesalers, retailers, distribution centers and ancillary providers (e.g. testing labs, biomass brokerage firms, etc.) and marketers. Richard created and taught the cannabis law course at the University of North Texas at Dallas College of Law where he served as an adjunct faculty from 2020-2022.
Assistant General Counsel, Marketing, Regulatory, and Food Safety Programs Division
Office of the General Counsel, USDA
Mai Dinh is the Assistant General Counsel for Marketing, Regulatory, and Food Safety Programs Division where she manages a staff of attorneys providing legal advice to the Agricultural Marketing Service, including the recent regulations on the Domestic Hemp Production Program and the National Bioengineered Food Disclosure Standard. Prior to USDA, she was the Assistant Chief Counsel for Regulations at the Transportation Security Administration (TSA) where she guided significant rulemaking actions and program developments on passenger information screening and general aviation security. Prior to TSA, she supervised teams of attorneys at the Federal Election Commission who developed regulations to implement sweeping campaign finance reform legislation. Ms. Dinh is a graduate of the George Washington University Law School and the University of Pennsylvania Wharton School of Business.