Photo: Ian Miller/Adobe Stock Selling Hemp Futures: The Sky May Be the Limit
CBD and hemp businesses may consider minimizing the need for CFTC and NFA registration, and onerous registration and disclosure requirements if structured correctly.
July 11, 2022 at 11:00 AM
11 minute read
Given the cannabidiol (CBD) from hemp or hemp flower business explosion, privately-owned hemp and CBD-from hemp businesses may buy and sell hemp futures while engaging in its regular line of business—creating and producing CBD from hemp and other hemp products, including smokable hemp flower—effectively expanding the commodification of the "flower." Traditionally, such "in-house" futures trading was permissible in two ways: (1) hire a trader internally to buy and sell futures; or (2) create a separate entity to buy and sell futures. A company's preferred choice depended upon two factors: (1) the business or its affiliate is deemed a commodity pool; or (2) the business' commodity pool operator (CPO) and/or commodity trading advisor (CTA) would have to register with the Commodity Futures Trading Commission (CFTC) and the National Futures Association (NFA).
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