The cannabis industry, encompassing both the marijuana and hemp sectors, is one of the fastest-growing industries of the United States economy. The cannabis industry has also been a topic of controversy and varying degrees of acceptance, creating an ecosystem of debates, discussions and opportunity. Because of inconsistent state laws, coupled with federal preemption, cannabis businesses are faced with complex laws, policies and regulations.
Unlike the days of the past, the cannabis industry has now attracted financial interests from individual investors, physicians, private equity groups, entrepreneurs, and established businesses from other industries, all seeking answers and potential opportunities in this burgeoning field. It can be challenging to navigate through a new and cutting edge industry, while being presented with complex legal issues, including, capital raising, corporate formation, governmental regulations, real estate, healthcare, banking, commercial litigation, employment and many others.
To address these legal challenges, Weaver Johnston Nelson has an interdisciplinary team of lawyers and professionals to guide clients through the maze of cultivation, financing, management issues, manufacturing, transporting, processing, brokering, distributing, reverse distributing, marketing, and retail selling of marijuana and hemp regulated products under applicable state and federal laws. In addition, we also represent a broad spectrum of business vendors that provide products and services to the cannabis industry, such as labs, bio-mass wholesalers, on-line platforms, physicians associated with state medical marijuana programs, ancillary healthcare providers associated with state medical marijuana programs, advertising, social media, consumption products security companies, real estate developers, private equity and venture capital funds when determining the regulatory and business considerations related to the cannabis space.
Weaver Johnston & Nelson attorney experience:
- Represented investors and industry businesses on importation and exportation of hemp products and advise on APHIS and CBP regulations
- Represented one of the largest global cannabis companies on preparing for intellectual property filings and creating a defense on said filing
- Represented and advised on insurance coverage related issues for interstate hemp transportation and the insurance risks for violating USDA and state guidelines
- Represented a provider of software designed to improve manufacturing processes on cannabis regulatory issues
- Represented and counseled multiple hemp CBD retail businesses in regulatory and corporate matters
- Represented a wholesaler of hemp CBD wellness products on regulatory issues associated with physician compensation
- Advised a fortune 500 company on hemp CBD regulatory matter in the development of a new product line
- Represented and advise a company on FDA related issues associated with labeling, online marketing and shipping of hemp CBD products to Asia
- Represent a hemp CBD cosmetic company on regulatory issues associated with online marketing and product development
- Represent multiple manufacturers of hemp CBD wellness products regarding online marketing and regulatory issues
- Represented a manufacturer of hemp based CBD products by advising the manufacturer on Controlled Substances Act (CSA), the 2018 Farm Bill and applicable state law
- Represented investors and cannabis producers on transportation and interstate commerce of hemp isolates and industrial hemp products
- Represented and advised multiple clinical laboratories on the legal issues associated with testing and examining cannabidiol content of hemp CBD products
- Represented investors in the acquisition of a cannabis extraction company in California
- Advised on the applicability of the CSA and the 2018 Farm Bill related to the development of synthetic hemp seeds
- Represented a Texas-based applicant under the Texas Compassionate Use Program cannabis on multiple licensing, corporate and regulatory matters related to the Texas Compassionate Use Act
- Represented on the Texas Cannabis Industry Association by issuing a legal position to the Texas Department of State Health Services on the legal exemptions under the CSA and other federal law related to CBD products in retail businesses
- Served as outside general counsel for the Texas Cannabis Industry Association