Cannabis, Hemp & CBD

Our partners provide counsel to entrepreneurs and established companies in this industry, including growers, processors, concentrate manufacturers, and wholesale/retail distributors, on an array of legal matters. These encompass business formation, regulatory compliance (including banking, OFAC, and anti-money laundering regulations), licensing, financing, taxation, intellectual property, employment practices, real estate, and litigation issues.

Our partners have directly represented cannabis companies in various capacities, including: an early-stage bioscience company specializing in products that enhance the delivery of fat-soluble compounds, with a particular focus on cannabinoids; Canadian public companies operating in the United States, navigating ERISA and the Internal Revenue Code to structure competitive 401(k) and employee benefit offerings; guidance to trade associations active in the cannabis industry regarding tax deductibility associated with production (Internal Revenue Code Section 280E) and the establishment of 401(k) retirement plans; a CBD private label manufacturing company in regulatory compliance, contract negotiations, employment matters, corporate liability structuring, and FDA/DEA enforcement; serving as counsel for a leading cannabis CBD laboratory testing facility, addressing regulatory compliance, corporate, and employment legal issues; pharmacies on regulatory guidelines related to the dispensing of cannabis and CBD products; pharmaceutical manufacturing companies with FDA enforcement related to CBD as an active ingredient; CBD over-the-counter (OTC) manufacturers in federal and state regulatory compliance; agricultural entities on federal and state regulations governing hemp production and farming; cannabis franchisees on their obligations under franchise agreements; cannabis manufacturers and distributors with business entity setup and regulatory compliance to avoid franchising regulations; counsel and coordination of licensure requirements; and cannabis manufacturers in business divorces.

In addition to industry representation, we offer guidance to business owners, CEOs, and Human Resources Departments nationwide as they navigate the complexities of medical cannabis under various state laws, including: counsel on employment policies related to drug testing, accommodations for medical marijuana usage, and discrimination issues depending on state law; litigation of employment claims, including breach of contract and whistleblower cases, for a medical marijuana grower/dispensary; consultation on union-related matters, including organizing efforts within the marijuana cultivation industry; provision of education and training on marijuana-related workplace issues at various prominent conferences and training events; and collaboration with major health insurance companies to educate legal professionals, HR experts, and others on workplace matters related to marijuana.

DISCLAIMER:

The possession, distribution, and manufacturing of marijuana remains illegal under United States federal law, with associated significant penalties. Pierson Ferdinand’s advice is intended solely for compliance with federal, state, and local laws and is not to be misconstrued as support for violations of any law.