Hemp presents great economic opportunities and unique regulatory challenges. We help our clients mitigate the risks of the hemp industry with sound and practical advice in light of state and federal law.
Marijuana and hemp are both cannabis but are treated very differently under federal law. Marijuana is a Schedule I drug; hemp is a regulated commodity. The U.S. Department of Agriculture (“USDA”) oversees hemp cultivation nationally, but states and Indian Tribes have the option to regulate hemp within their borders. USDA regulations and federal law impose standards across the country for growing hemp, but state and Tribal law can vary significantly in other areas.
Our team of regulatory attorneys can help your business succeed in spite of the uncertainties surrounding hemp. We work with growers, processors, distributors, brokers and other businesses that operate in the hemp industry. We have worked on a wide range of matters including the following:
- Obtaining and maintaining licenses to grow and process hemp;
- Negotiating purchase and sale agreements for hemp and hemp derivatives;
- Analyzing and advising on transporting hemp across the country;
- Investigating the source of hemp derivatives to ensure that those derivatives come from hemp and not marijuana, which remains illegal under federal law;
- Advising clients on best practices for manufacturing consumer products that contain hemp derivatives including CBD;
- Assisting hemp businesses obtaining bank and payment processing accounts; and
- Responding to complaints related to hemp cultivation or processing.