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. 

Areas of Focus

  • Matters related to development of a new product line

  • Intellectual property filings and creating a defense on said filing

  • FDA related issues associated with labeling, online marketing and shipping of hemp CBD products, including shipping to Asia

  • Hemp CBD cosmetic companies regarding regulatory issues associated with online marketing and product development

  • Manufacturers of hemp-based CBD wellness products regarding online marketing and regulatory issues

  • Manufacturers of hemp-based CBD products, including advising manufacturers on Controlled Substances Act (CSA), the 2018 Farm Bill and applicable state law

  • Clinical laboratories on the legal issues associated with testing and examining cannabidiol content of hemp CBD products

  • Represent multiple medical marijuana cultivators across the U.S.

  • Represent and advise on multiple cannabis retail businesses

  • Represent and advise third party marketing companies representing cannabis businesses   

  • Importation and exportation of hemp products and advise on APHIS and CBP regulations

  • Transportation and interstate commerce of hemp isolates and industrial hemp products

  • Insurance coverage related issues for interstate hemp transportation and the insurance risks for violating USDA and state guidelines

  • Represent manufacturers and distributors of Delta-8 THC and other hemp cannabinoid products on regulatory issues and distribution agreements

  • Applicability of the CSA and the 2018 Farm Bill related to the development of synthetic hemp seeds

  • Licensing, corporate, and regulatory matters related to the Texas Compassionate Use Act

  • 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

  • Regulatory issues associated with physician compensation

  • Advise on state department of health related issues involving cannabis retail permits and processing licenses

  • Represent and advise physicians registered with state medical marijuana programs on DEA and medical board

  • Represent physicians and institutional healthcare providers on Medicare certification matters involving cannabis

  • Represent medical marijuana dispensaries on privacy & security concerns associated with protected health information (PHI) and development of privacy and security policies

  • Represent and negotiated on behalf of a non-profit healthcare provider on being a medical marijuana drop-off site

  • Represent and respond on behalf of a CBD based businesses in response to a FDA warning letters

  • Advised a fortune 500 company on hemp CBD regulatory matter in the development of a new product line

  • Acquisitions
  • Corporate matters
  • Outside counsel services
  • Represent investors on acquisition of medical marijuana grow operations
  • Represent medical marijuana businesses and investment groups on acquisition of medical marijuana related licenses
  • Represent investors in the acquisition of a cannabis extraction company in California
  • Advise national multi-state operators (MSOs) on legislative bills and the impact on local cannabis markets
  • Advise cannabis non-profit organizations on legislative bills and assisted with drafting of bill language
  • Advise hemp manufacturer and distribution company on legislative actions by state Senate and assisted with drafting bill language in a proposed bill

Professionals We Serve:

  • Bio-Mass Brokers
  • Cannabinoid Based Food and Beverage Companies
  • Cannabis Consulting Firms
  • Cannabis Trade Associations 
  • Clinical Laboratories 
  • Cosmetic & Wellness Companies 
  • Cultivators/Growers
  • Distributors
  • Financial Institutions
  • Health Care Providers associated with Medical Marijuana
  • Investors 
  • Law Firms
  • Management Companies 
  • Manufacturers
  • Marketing Companies
  • Multi-State Operators (MSO)
  • Physicians Registered with State Medical Marijuana Programs
  • Private Equity Groups
  • Private Wealth Management Advisory Firms (e.g. family office)
  • Processors
  • Publicly Traded Marijuana Companies
  • Retailers 
  • Served as outside general counsel for the Texas Cannabis Industry Association
  • Software Developers
  • Wholesalers