Hemp-derived products like cannabidiol (CBD) oil are becoming increasingly popular in the retail marketplace, as more consumers are seeking out the products after hearing about the promise of health benefits.
The rapid rise in demand for CBD products has led to the growth of hemp farm operations and increased entrepreneurship within the industry. In response to the hemp and CBD boom, the U.S. FDA is gathering data to establish guidelines for the production, sale and marketing of CBD and related hemp products.
Stoll Keenon Ogden has assembled a multidisciplinary team of attorneys to help individuals and businesses navigate opportunities and evolving regulations in the hemp and CBD industry. Each has experience representing clients on local, state, national and international levels.
For growers, processors and other agricultural companies, as well as brick-and-mortar and online retailers, SKO attorneys offer expertise in several key areas:
- Business formation and related tax considerations
- Insurance coverage and commercial liability
- Contract drafting and review for supply, distribution, licensing and other arrangements
- Real estate services, including the purchase, sale and leasing of land and facilities
- Intellectual property protection and enforcement
SKO attorneys have thorough knowledge of federal regulations governing the industry. This includes the U.S. Agriculture Improvement Act of 2018, also known as the 2018 Farm Bill — legislation that separated hemp from marijuana and tetrahydrocannabinol (THC) products. Based on their familiarity with federal and state laws, SKO attorneys can provide compliance counseling in the following areas:
- Cultivation and processing of hemp
- Storage and interstate transport of hemp and hemp-derived products, including viable hemp plants, hemp seeds and CBD products
- Manufacturing and sale of hemp-derived products
- Licensing and permitting procedures nationwide
- Advertising of hemp-derived products, including the use of marketing claims around medical and health advantages
With the goal of keeping clients ahead of industry changes, and helping them avoid challenges, SKO attorneys continue to monitor the FDA rule-making process concerning hemp-derived products, including guidance documentation, warnings and public comment hearings.