The federal government’s 2014 Farm Bill permitted the states to authorize and oversee industrial hemp growth and cultivation pursuant to agricultural “pilot programs” to be established by the respective states. “Industrial Hemp” is defined in both federal and state law as the plant Cannabis sativa L., and any part thereof, having a delta-9 tetrahydrocannabinol (“THC”) concentration of not more than 0.3% on a dry weight basis. As a result of the 2014 Farm Bill, New York State created its industrial hemp pilot program which, beginning in 2015, initially allowed only ten universities to grow hemp under the program for research purposes.

The federal government’s more-recent 2018 Farm Bill did a number of things to boost the growth of the industrial hemp industry, the most notable of which included removing hemp from the list of Schedule I Controlled Substances. Since then, New York has continued to loosen its restrictions and appears to be heading toward full adult-use legalization. These developments in federal and state law have opened the door for businesses looking to start, or expand, in this new and exciting market.

We understand that navigating these complex and demanding regulations can be challenging for those interested in operating in the industrial hemp industry. Businesses operating in this industry must have a working knowledge of the law, and stay up to date as amendments to the law are adopted and court decisions are issued.

Our attorneys are experienced in representing clients working in the hemp industry from a variety of angles, including: