The 2018 Farm Bill: Impacts to American Indian Tribes Seeking to Produce Hemp
On December 12, 2018, Congress passed the 2018 Farm Bill which legalizes industrial hemp by removing hemp with less than .3% delta-9 tetrahydrocannabinol or THC from the Controlled Substances Act.
Importantly, the 2018 Farm Bill provides an administrative mechanism for American Indian tribes to assume primary regulatory authority over the production of industrial hemp and hemp products, including cannabidiol or CBD, on tribal lands. Specifically, tribes are required to develop and submit a comprehensive plan for monitoring and regulating hemp production on tribal land to the U.S. Department of Agriculture.
The 2018 Farm Bill also authorizes the transport and shipment of tribally produced hemp products nationwide and opens the door for federal crop insurance and federal loans to produce hemp.
If your tribe or tribal community is interested in producing hemp or hemp products, McAllister Garfield can help.
McAllister Garfield’s Tribal Cannabis Law Group consists of a team of lawyers with decades of experience working with tribes and tribal communities. In fact, we are the only law firm working in the hemp and cannabis space with expertise in Indian Country.
Our team has extensive experience creating tribal cannabis regulatory systems and engaging state, local and federal agencies in government-to-government consultation. We also have experience assisting American Indian tribes in navigating compliance issues related to hemp and hemp products and advising on tribal business structures.
Finally, McAllister Garfield is well-versed in the use of strategic litigation to vindicate tribal rights, including reaching a landmark settlement with the State of Wisconsin for a tribes’ right to grow hemp.
Should your tribe or tribal community need assistance with hemp and cannabis issues on tribal lands, including the acquisition of technical and financial resources, please do not hesitate to reach out to us to set up a consultation.
Sincerely,
Garrett L. Davey, Esq.
McAllister Garfield, P.C.
Tribal Cannabis Law Group
gdavey@mcallistergarfield.com
Related Article
Emerging Trends In Psychedelic Laws: Implications for Practitioners
As the psychedelic renaissance continues, legal landscapes globally are evolving rapidly. What was once a fringe area of medical research and therapy is now moving towards mainstream acceptance, driven by promising results in clinical trials and changing public perceptions. For practitioners, these shifts present both exciting opportunities and complex challenges. This blog post explores emerging […]
McAllister Law Office – Psychedelic Law Update – June 2024
1. With Sean McAllister as one of their lawyers, The Church of The Eagle and The Condor is recognized as the third religious organization authorized to use ayahuasca in the United States. In a career highlight, I was honored to one of five lawyers representing The Church of The Eagle and The Condor (“CEC”) in […]
Navigating New Realms: The Crucial Role Of Legal Guidance In Psychedelic Business Start-Ups
In recent years, the interest in psychedelics for therapeutic purposes has surged, offering a promising frontier in both medical science and entrepreneurship. However, the burgeoning field of psychedelic businesses also presents a unique set of legal challenges. For start-ups in this industry, navigating the complex regulatory environment is not just about compliance, but also about […]