Patrick Goggin, general counsel of the California Hemp Council.

Shortly after becoming a licensed attorney, Patrick Goggin decided to devote his career to hemp legalization. Earlier this year, Goggin became the general counsel of the California Hemp Council, or CHC, in an effort to lobby the state to pass hemp-friendly legislation.

Goggin, who is also a senior attorney at the San Francisco-based Hoban Law Group, spoke to Corporate Counsel about the CHC and the current challenges surrounding hemp in California.

This conversation has been edited for length and clarity.

Corporate Counsel: What does the CHC do?

Patrick Goggin: The CHC was just formed earlier this year. It is a continuation of the work we've been doing over the years with the leadership of Vote Hemp. Vote Hemp is a national advocacy organization. I've been on the board of directors of Vote Hemp going back to 2005. It helped push legislation at the federal level and at the state level, but in particular California, since 2005. The challenge has been that we've been operating on a shoestring budget over the years and through the 2018 legislative session. We realized that we needed an ongoing lobbying presence in Sacramento to be protecting and pushing hemp's interest.

CC: Is a lot of the opposition to legalized hemp based on misinformation about the product?

PG: That is a definitely a big part of the issue. That all said, there was a big change this past December when the 2018 Farm Bill was passed and hemp was fully removed from The Controlled Substances Act. Prior to that, it had been authorized for production in states that had passed hemp statutes for research purposes. It was a half-step.

A lot of the need for our work is to educate both the politicians, regulators and also folks in the normal commercial space that just don't understand the distinctions between hemp and other strains. Frankly, there is a lot of confusion about the FDA's position on hemp and CBD from cannabis. What we're dealing with now is a transition from having to deal with the DEA asserting that it's a drug to dealing with the USDA and the FDA in regulating it appropriately and clarifying the different lanes for the product.

CC: Besides educating officials on hemp policy, what are your other responsibilities as the general counsel of the CHC?

PG: A lot of it is with various stakeholders on legislation that is going to be able to get through to a governor's signature. A lot of the job is to shepherd that bill through by continuing to adapt, revise and evolve it to ensure passage.

The other part is that we're dealing a lot of issues surrounding the California Department of Public Health. We've got two pieces of legislation moving this year. One of them is refining our agriculture code to conforming more closely to the 2018 Farm Bill. The other piece is with the Department of Public Health on the extract side, and that involves getting the CDPH jurisdiction over it. We've got a long road to go to get that agency to buy in for regulating hemp as a normal food. We want to treat hemp as a food and a dietary supplement and not in the same lane as marijuana.

The California Department of Food and Agriculture is just getting ready to issue applications for hemp registrations. A lot of counties have put moratoriums in place until that happens. At the Hoban Law Group, I represent a lot of farmers and businesses that are interested or in the midst of production. A lot of work is dealing with local municipalities both with the board of supervisors by dealing with the moratoriums or going in and education the departments of public health. I also interact with the county agriculture commissioners. They're the ones who are delegated authority by the CDFA to process applications.

When it comes to hemp, a lot of the issues need to be addressed at the local level. Education is a big part of it, as well as getting in and distinguishing hemp from the other side of cannabis.