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Are CBD-Infused Alcohol Beverages Legal

The recent wave of crackdowns on cannabidiol (“CBD”)-infused alcohol beverages has further exacerbated public confusion regarding the legal status of the cannabis plant’s non-psychoactive compound.

This post provides an overview of the regulatory framework of alcoholic beverages, including pre-manufactured industrial hemp-infused drinks and “homemade” alcoholic drinks infused with CBD oil or extracts.

Pre-Manufactured Alcohol Beverages Infused with Hemp

As we previously explained, alcoholic beverages are regulated by federal and state laws. Cannabis is heavily regulated at the state level but unlike alcohol, it is—for the most part—strictly prohibited under federal law. However, one variety of cannabis, hemp, was recently legalized under the Agriculture Improvement Act of 2018 (“2018 Farm Bill”), which removed that particular crop from the definition of “Marihuana” under the Controlled Substance Act (“CSA”). Consequently, hemp is allowed in the formulation of alcohol beverages so long as the product meets specific criteria imposed by federal and state alcohol regulatory bodies.

RELATED: DEA Confirms It Cannot Regulate All Parts Of The Cannabis Plant

The formulation of hemp-infused alcoholic drinks is regulated by the U.S. Alcohol and Tobacco and Trade Bureau (“TTB”) as well as by state liquor control agencies in states where the production and sale of hemp-infused drinks is allowed. Indeed, in its latest FAQ’s (which pre-dates the enactment of the 2018 Farm Bill), the TTB declared it understood the 2014 Farm Bill to only authorize the use of hemp in the production of alcoholic beverage products for sale within limited state-sanctioned pilot programs.

However, in the same FAQ’s, the TTB explained that before it approves a formulation, it consults with the Food and Drug Administration (“FDA”) to determine whether a hemp ingredient is safe for consumption and whether its use is lawful under the Food, Drug & Cosmetic Act (“FD&CA”). As we previously explained, the FDA currently deems the use of hemp-CBD-infused foods and drinks as unlawful because CBD has been approved in the treatment of epilepsy (Epidiolex); and therefore, can only be used as a drug. As such, the FDA has refused to recognize hemp-CBD as a safe food additive, which means it would treat hemp-CBD infused alcoholic beverages as unlawful under the FD&CA.

RELATED: Going Postal: USPS Provides Guidance On Mailing Hemp-CBD

Consequently, alcoholic beverages derived from parts of the hemp plant that do not contain CBD, such as hulled hemp seeds, hemp seed protein and hemp seed oil, grown pursuant to a state pilot program that allows the commercial sale of these products, seem to be the only hemp-infused beverages eligible for TTB approval at the moment.

Drinks Infused with CBD Oil or Extracts

The alcoholic beverages recently banned from state bars and restaurants consisted of pre-manufactured alcohol beverages to which CBD oil or extract was later added. Unlike manufactured alcohol beverages, alcoholic drinks sold in bars and restaurants are directly regulated by state liquor control boards and state departments of health, which are free to defer to and adopt FDA regulations.

Although the FDA has limited its enforcement actions against CBD-infused products by sending warning letters, state agencies have begun confiscating those products, pursuant to FDA guidelines that categorize CBD as unsafe food additives. As I previously explained, food additives must receive FDA pre-market approval to be deemed safe for human consumption. However, given the FDA’s current position on CBD-infused products, such approval has yet to be granted.

RELATED: FDA Issues More Guidance On CBD Products

Because these “homemade” CBD-infused alcoholic drinks are devoid of TTB and FDA market approval, it is understandable that they be banned from local restaurants and bars as they pose a potential threat to health and safety.

So as of now, only TTB-approved hemp-infused alcohol beverages seem to be legal and officially “safe” for human consumption. And to be honest, we don’t know of any that have been approved. That said, this is an incredibly fast-evolving area of law and policy, and we have seen a dramatic escalation of interest in this space ever the past year.

For more information on this issue, feel free to contact our team of hemp and CBD experts.

 is an attorney at Harris Bricken and this article was originally published on the Canna Law Blog

Pornhub Reveals Most Popular ‘Avengers’ Character Searches

Avengers: Endgame’s influence has no limits. Toppling world box office records and prompting superhero hater James Cameron to send out a congratulatory tweet, it seems like the franchise has done all it can in order to completely permeate pop culture.  To show you how popular it is with adults, Pornhub reveals most popular Avengers character searches.  It will be curious to see who gets a spin off movie.

RELATED: ‘Avengers: Endgame’ And ‘Game Of Thrones’ Highlight How Crazy People Get Over Spoilers

Pornhub released some stats on their trends and searches, showing that Avengers characters began to have some influence over their website starting April 16. Searches peaked on April 26, the day of the film’s release, with an increase of 5,188% in searches. For comparison purposes, last year during Infinity War‘s release there was an increase of 300%. It looks like the end of the Avengers franchise sparked a little more than just nostalgia.

Unsurprisingly, the first two spots of the list were occupied by female superheroes, with the first one being Captain Marvel and the second one being Black Widow. These two are followed by Spider-Man, who must have some curious porn, and Hulk, a puzzling choice but also, not really. People are freaky.

Since the beginning of the year, sex and gender discussions have surrounded the Marvel Cinematic Universe. The MCU is looking to cast a gay actor for a lead role in The Eternals, and Endgame was the first film of the franchise to introduce an openly gay character – a move that was heavily criticized online. The film was also the first that spent a significant amount of time praising Captain America’s butt.

RELATED: Someone Made Marvel Avenger Sex Toys

The release of Captain Marvel also opened the door for more discussions on representation, receiving praise for it’s focus on female relationships and giving fans plenty of room to speculate over Carol Danvers’ sexuality. Adding fuel to the fire was her haircut in Endgame.

No matter people’s thirst and readings on Marvel characters, for the time being, they’re going to have to settle for porn spoofs. Pornhub is more than happy to oblige.

Prince Harry Is Shunning This Major Royal Tradition To Give His Kid A ‘Normal’ Life

As seventh in line for the throne, Baby Sussex, whose name was announced yesterday as Archie Harrison Mountbatten-Windsor, is entitled to be called Earl of Dumbarton. But because his dad wants his son to have a chance at a “normal” life, little Archie won’t be getting a title.

For those who thought the son of Meghan Markle and Prince Harry would be given the title of Prince, that was never in the cards due to an old-timey law that is still in effect. The law goes way way back to King George V’s 1917 decree that states only the eldest son of the Prince of Wales’s oldest son (William) is entitled to be called His Royal Highness and a Prince. And that honor goes to George.

RELATED: Will Meghan And Harry’s Baby Be A Prince Or Princess?

However, this rule could be changed at the snap of the Queen’s fingers because she has the power to issue her newest grandchild a title if she feels like it. But, that’s not happening.

Royal expert Victoria Arbiter told Fox News:

“He’s going to be simply known as Master Archie Harrison Mountbatten-Windsor. That gives him a greater chance of a normal life. Who knows what the future holds because one day his grandfather will be king. But it just takes the pressure off. There’s not so much expectation. He gets to be normal.”

“Master” is nothing to sneeze at. And it certainly doesn’t sound “normal”. But his parents get points for recognizing that a lot of responsibility comes with a proper royal title.

5 Important Questions To Ask When You First Start Dating Someone

Getting to know someone takes time and effort. Putting yourself out there and being vulnerable with strangers and potential romantic partners is not easy, but it’s the only way to make meaningful connections.

Since dating is a stressful topic for many, it should be approached with levity and fun. If you’re interested in obtaining a long term relationship from dating apps and first dates, there are some questions that should be asked. Here are five topics you should touch on whenever you’re starting to date someone new.

What are their interests and hobbies?

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RELATED: 4 Essential Tips For Sharing Nudes

This question is great for a first date, since it’s simple and non-invasive. Although you can learn someone’s hobbies and interests through their dating profile or their description from friends, it’s important to ask this question directly and listen to what they say. Your date’s passions and interests will let you know if their are worth pursuing and if you like them, which is what matters most.

Get to know their goals

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Asking your date about their goals and prospects is way more interesting than asking them about their jobs, which can at times prompt awkward answers and existential crises. While your date’s job is important, it’s also good to show interest in what they love and makes them happy.

Ask them about their siblings and family

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Asking your date about their siblings and family is a fun and harmless way of getting them to know them on a deeper level, catching a glimpse of their childhood.

What are their deal breakers?

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RELATED: Survey: Nearly Half Of Us Would Rather Have A Clean House Than Sex

Once you’ve established a connection and you know the basic things about them, preferably after a couple of dates, you should get to know their deal breakers and the things they can’t tolerate when dating someone new. This is something that must be approached early but not too early, since you don’t want to be freaky.

What do they want out of a relationship?

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Last but not least, asking your date what they want out of relationships is something that should be approached sooner rather than later, especially if it turns out that both of you had different interests and expectations all along.

Songwriters Hall Of Fame To Honor Justin Timberlake; Radio Host Fired Over Racist Tweet About Royal Baby

Songwriters Hall Of Fame To Honor Justin Timberlake

Justin Timberlake will be recognized for his success as a songwriter next month.

The pop star and former *NSYNC member will be presented with the Contemporary Icon Award from the Songwriters Hall of Fame at the organization’s 50th annual induction in New York on June 13, per a report published Wednesday (May 8) by the Associated Press.

Timberlake is the second person to receive the distinction, which credits a “songwriter-artist who has attained an iconic status in pop culture.” Lady Gaga accepted the inaugural honor in 2015.

Over the course of his 25-plus-year career, the 10-time Grammy-winning musician has written and co-written a myriad as timeless hits. In his tenure with the boy band, Timberlake lent his pen to bops like “Pop” and “Girlfriend” to slow-burning ballads like “Gone,” as well as solo singles “SexyBack,” “Cry Me a River,” “Mirrors,” “Rock Your Body,” “Suit & Tie,” and “Can’t Stop the Feeling!”

Other Class of 2019 Songwriters Hall inductees includes music heavyweights Dallas Austin, Missy Elliott, Tom T. Hall, John Prine, Jack Tempchin, and Cat Stevens.

The star-studded celebration is scheduled for Thursday, June 13, at the Marriott Marquis Hotel in New York City. (Get more details here.)

In other JT-related news, it appears the artist is back in the studio this week working on new music. His latest and fifth studio project, Man of the Woods, released in February 2018.

Racist Tweet about Meghan Markle’s baby leads to broadcaster’s dismissal

Via Fox News:

Danny Baker was fired over a tweet of a photo of a couple holding hands along with a chimpanzee in a suit and wrote, ‘Royal Baby leaves hospital.’ Baker was joking about Prince Harry and Megan Markle’s new baby boy; he has deleted the tweet.

BBC broadcaster Danny Baker was fired from BBC Radio 5 Live due to his “stupid unthinking gag” regarding Prince Harry and Meghan Markle’s newborn son, the news organization announced Thursday.

Baker, 61, tweeted a photo of a couple holding hands along with a chimpanzee in a suit and wrote, “Royal Baby leaves hospital.” Markle’s mother is African American. The tweet has since been deleted.

“Once again. Sincere apologies for the stupid unthinking gag pic earlier. Was supposed to be joke about Royals vs circus animals in posh clothes but interpreted as about monkeys & race, so rightly deleted. Royal watching not my forte. Also, guessing it was my turn in the barrel,” he wrote.

Later, Baker tweeted, “Just got fired from BBC Radio 5 Live. For the record – it was red sauce. Always.”

The BBC wrote in a statement that the broadcaster’s tweet “goes against the values we as a station aim to embody.”

“Danny’s a brilliant broadcaster but will no longer be presenting a weekly show with us,’ the BBC said in a statement, calling the tweet a “serious error of judgement.”

Baker attacked the network in a follow-up tweet.

“The call to fire me from BBC Radio 5 Live was a masterclass of pompous faux-gravity. Took a tone that said I actually meant that ridiculous tweet and the BBC must uphold blah blah blah. Literally threw me under the bus. Could hear the suits knees knocking. #F—em,” he wrote.

The One Reason Chelsea Handler Will Never Recommend A Marijuana Facial

Chelsea Handler is a true convert of the cannabis movement. Since last year, the comedienne hasn’t stopped talking about her love and support for the plant. “It changed my life and made things a little more tolerable and a little bit easier,” she told the Vancouver Sun.

But that open and honest attitude around marijuana made for one awkward facial appointment, as she relayed on a recent episode of “The Late Late Show with James Corden”. Handler’s esthetician thought the comedian would be into a marijuana facial without asking if she wanted to try it first.

RELATED: Chelsea Handler Can’t Stop Discussing Cannabis, Microdosing And Edibles

“She put it on my face assuming I’d be into it. It was 11 o’clock in the morning. I went home and thought, ‘I gotta lay down.’ And I don’t take naps,” she said.

“Then I woke up and thought, ‘I gotta go back to bed.’ I was not right for three days.”

Handler, who also told the story in her new book, Life Will Be The Death of Me: … And You Too!, was surprised by her reaction, based on her previous drug experience.

RELATED: Chelsea Handler Is Getting Into The Marijuana Business

“There’s something about putting it in your pores that I don’t recommend to people. Because I have a high tolerance. You’ve seen me on any drug and I can handle it,” she gestured to Corden. “But when it gets in your pores it’s a different bodily reaction. It takes over.”

You can watch the full interview above.

Cops Peg Disney World Grandma As Menace To Society, Arrest Her For CBD Oil

Florida just can’t help itself in bungling its adjudication of marijuana laws sometimes, as a great grandmother was arrested in Disney World for carrying CBD oil. Sixty-nine-year-old Hester Jordan Burkhalter reportedly spent 12 hours in jail before being released on a $2,000 bond on charges of hashish possession. Though the Orange County Sheriff’s Office says their deputy was following the law in the arrest, the charges were later dropped.

The details make this story rather tragic: A doctor recommended CBD oil to Burkhalter to alleviate pain and symptoms from her arthritis. She had that note of recommendation on her person at the time of arrest, but police say that doesn’t matter. What’s worse is Burkhalter’s bottle of peppermint CBD oil explicitly stated it contained zero milligrams of THC. But police tested the oil and said they found traces of THC, triggering the arrest.

RELATED: 3 Little Words Disney Employees Are Never Allowed To Say

The caveat here, of course, is that if Burkhalter did pull an okey-doke (a.k.a. replacing pure CBD oil with a THC-infused tincture into the bottle), then the cops aren’t really at fault here. They just did their jobs.

While astute readers know the 2018 Farm Bill effectively legalized CBD products nationwide, Florida contended otherwise at the time of the arrest. Hemp and CBD fell under a gray area, as “some lawyers argue the federal government’s action trumps Florida laws, which generally don’t differentiate hemp from marijuana,” explained the Tampa Bay Times. “Others say hemp is still illegal in Florida until the Legislature says otherwise.”

RELATED: CBD Regulations Could Take Years, Warns Outgoing FDA Chief

The sad irony in all this is Agriculture Commissioner Nikki Fried was successful in pushing through hemp legislation just last week. On the penultimate day of Florida’s legislative session, the Legislature approved a bill that would allow the state to create its own hemp program thanks to a bipartisan push. However, hemp remains illegal in the state until July 1, according to The Miami Herald.

So yes Burkhalter’s story is disappointing and could’ve been avoided. Generally, police had been hands off in punishing people carrying CBD products. “The few examples of police cracking down have been against retailers, not consumers,” reports the Times. But apparently a 69-year-old great-grandmother in Disney World was too much a menace to society for police to ignore.

Does George R.R. Martin Hate The Way Game of Thrones Is Ending

What was once unabashed hype for the final season of Game of Thrones has slowly trickled into lashes of criticism at showrunners Benioff and Weiss. Inconsistencies of plot development and an inability to contend seriously with the story’s fantasy elements have unnerved book readers and audience members alike. Consequences don’t matter like they once did on the show, and characters act out of pocket with little explanation or build-up as to why.

So we wonder: How does the story’s architect, George R.R. Martin, feel about all this? In an interview with Entertainment Weekly, Martin opined that he has “mixed feelings” about the show concluding his fantasy epic before he can with his books.

RELATED: A Happy Ending For ‘Game Of Thrones’? No Thanks

“It’s been an incredible ride,” he said back in March. “And almost all of it has been great. Obviously, I wished I finished these books sooner so the show hadn’t gotten ahead of me. I never anticipated that.”

Other public comments from the author has also hinted at some struggle internally between what has happened with the show as of late. When discussing collaboration in an April interview with Fast Company, Martin said working with a team can be “very exhilarating, but it can also be traumatic. Sometimes their creative vision and your creative vision don’t match. Then you get the famous ‘creative differences’ thing that leads to a lot of conflict.”

But perhaps the clearest suggestion of Martin’s feelings regarding Game of Thrones’ conclusion involves earlier comments he made about the endings of Lost and Battlestar Galactica. When Game of Thrones first debuted back in 2011, Martin did a heavy press tour to promote the show. And a reoccurring topic of conversation for Martin at this time was how much he loathed Lost’s finale.

“We watched [Lost] every week trying to figure it out, and as it got deeper and deeper I kept saying, ‘They better have something good in mind for the end. This better pay off here.’ And then I felt so cheated when we got to the conclusion,” he told The New Yorker.

“I want to give them something terrific,” Martin said of finishing his books. “What if I fuck it up at the end? What if I do a Lost? Then they’ll come after me with pitchforks and torches.”

RELATED: Fearing The Possible Loss Of Your Favorite ‘GOT’ Character? You’re Not Alone

But Martin was even more upset about how Battlestar Galactica ended.

At the risk of starting another ‘feud,’ let me say that I was a huge fan of Ron Moore’s revival of Battlestar Galactica (though not of the original, which most of us in the SF community still call Battlestar Ponderosa), but I hated the ending of that series even more than I hated the ending of Lost,” he said.

“But I still think Battlestar Galactica (the new one) was a superior achievement. Yes, the ending was terrible (though, as a caveat, I am not sure that there is ANY way to resolve that premise in a way that I’d like, and god knows the way the new show ended was infinitely preferable to what happened with the original Battlestar Ponderosa) … but those great early episodes don’t become any less great because later episodes sucked,” he added.

We’ll let you read between the lines of how Martin might feel about Game of Thrones as it ends its epic run.

What Is Texas Doing With Medical Marijuana And Decriminalization

There was reason for optimism surrounding marijuana legislation in Texas. Hope revolved around a growing momentum in the state around both decriminalizing and expanding its tiny, somewhat-broken medical marijuana program due to a majority swell. But in Texas, a minority can maintain an awful lot of political power.

First, the positives. The Texas House overwhelmingly approved legislation that would legalize the production, regulation, and sale of hemp in late April. Thanks to U.S. Senate Majority Leader Mitch McConnell’s shepherding of the 2018 Farm Bill, it’s opened a door conservative states to usher in similar legislation without upsetting its party or voter base. Though the Texas hemp bill still requires passage in the more conservative state Senate, Republican leaders, who are adamantly against other key marijuana bills this legislation session, have offered little to no opposition.

In fact, Lt. Gov. Dan Patrick, who heads the Texas Senate, commented this week with interest around the hemp bill, which would create a marketplace for CBD products in the state. “I want to make sure what consumers are buying is the real deal,” said Patrick, according to State Sen. Charles Perry.

RELATED: New York To Stop Testing Would-Be Employees For Marijuana

But it’s also Patrick who looms villainously regarding other key pieces of marijuana legislation. A bill that would decriminalize marijuana possession from a class B to a class C misdemeanor (the same as a traffic ticket) received final approval in the House at the end of April. Ahead of the legislative session this year, advocates were hopeful around decriminalization thanks to the public approval of such a measure by ultra-conservative Gov. Greg Abbott last year. In addition, Texas Republicans added marijuana decriminalization as a plank to their party platform last summer, as well as expansion of the state’s medical marijuana program.

Patrick, however, does not agree with such sentiments. Upon House approval of HB 63 (the cannabis decriminalization bill), Patrick declared the bill “dead” on his Twitter feed. The Texas Tribune reported at the beginning of this session that Patrick could be the roadblock that halts cannabis reform and that positions still appears true. The lieutenant governor is “strongly opposed to weakening any laws against marijuana [and] remains wary of the various medicinal use proposals that could become a vehicle for expanding access to this drug,” Patrick said through a spokesperson in March. Following his tweet, an advisor told the Tribune Patrick’s opposition stance has not changed.

The Compassionate Use Act in 2015 legalized the production and sale of low-THC cannabis oil for patients suffering from intractable epilepsy. Lawmakers in the House approved two different measures that would expand this program this month.

The first, HB 1365, is more wide-ranging and, as a result, supported by cannabis activists in the state. This measure, backed by Rep. Eddie Lucio III, would allow patients with an extensive list of ailments—including PTSD, cancer, multiple sclerosis, autism, intractable pain, severe nausea, and more—to receive cannabis oil. The bill would also establish a 12-member “cannabis therapeutic research program” that would “develop guidelines for administering medical marijuana, quality control for purity and labeling and best practices for cultivation,” according to the Dallas News.

RELATED: Does Legalizing Marijuana Help Or Harm Americans? Weighing The Statistical Evidence

But the other bill, HB 3703, is far more limiting in its expansion. Authored by Rep. Stephanie Klick, who’s also responsible for the original Compassionate Use Act bill, this measure would only include patients with all forms of epilepsy, MS, and unremitting muscle spasms. Klick told reporters last week she’s “very optimistic” her bill will gain traction in the Senate.

The legislative session ends May 27, so time is running out on cannabis reform in Texas. This is a showdown between the will of the people—only 16% of Texans opposed marijuana decriminalization in a 2018 poll—vs. a powerful political bully in Patrick. Should he choose, he can throw his weight around by blocking any substantial hearings around these bills in the Senate, effectively denying their passage. But maybe Patrick will be too occupied with his numerous FOX News appearances and forget about all this cannabis reform nonsense. Those cannabis activists who remain optimistic in Texas can only hope.

We Now Know The Name Of Meghan And Harry’s Baby…And We Did Not See This Coming

Introducing Archie Harrison Mountbatten-Windsor. It’s the name Meghan Markle and Prince Harry have given to their newborn. Talk about a name that was a dark horse in betting circles!

While the couple hasn’t given any details as to why they chose the name, “Harrison” means “son of Harry.” However, Harry’s real name is Henry Charles Albert David. Harry is the nickname he’s held since he was a kid.

RELATED: These Are The Top Predictions For The Royal Baby’s Name

Betting site Ladbroker, which previously assumed Meghan would have a girl, had Elizabeth in the top spot, because it was possible that Meghan would give birth on the Queen’s birthday. Albert and Arthur were the leading names for boy. (Archie isn’t too far off!)

RELATED: WATCH: Prince Harry Beams As He Announces Birth Of Son

Shortly after Meghan gave birth early Monday morning, Harry told reporters that he and Meghan were still deciding upon names. “Mother and baby are doing incredibly well. It’s been the most amazing experience I could every possibly imagine,” he said.

Baby Sussex takes Prince Andrew’s place as seventh in line for the throne. But he’s still behind his cousins Prince George, Princess Charlotte and Prince Louis. And, of course, his father.

[h/t FOX News]

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