Cannabis Industry

Thompson Hine’s Cannabis practice group consists of a multidisciplinary team that provides the full range of legal services to businesses in the cannabis, cannabidiol (CBD) and hemp industries. Our lawyers have substantive experience across numerous practices areas including corporate, regulatory, product liability, labor and employment, intellectual property and more. Against a backdrop of quickly evolving federal and state laws and regulations, we bring together legal know-how and business acumen to help our clients manage challenges and take advantage of opportunities in this unique industry.

Representative examples of our experience include:

• Providing a legal opinion on U.S. state and federal laws and regulations regarding CBD and cannabis products for a foreign company’s initial public offering.
• Assisting investors in a cannabis venture in forming an LLC.
• Advising a cannabis testing lab on compliance with state and federal regulations, including the new USDA Interim Rule.
• Advising vaping device manufacturers and retailers on compliance with state and federal laws and regulations regarding CBD and cannabis products.
• Advising vaping device manufacturers on product liability issues regarding use of their products with CBD and cannabis products.
• Counseling a tincture manufacturer on product liability and labeling issues.
• Advising employers on issues relating to employment policies regarding cannabis use, including drug testing policies and related state and federal laws as applicable to employee use of cannabis.
• Advising on hemp/cannabis-based U.S. trademark filings and registrations.
• Advising multiple clients on state and federal regulations relating to the sale and marketing of CBD and hemp-related products, in particular on federal requirements and restrictions as they relate to marketing and labeling.
• Advising a chemical/ingredient manufacturer on internal and external best practices for screening and handling work with other businesses in the cannabis/hemp/CBD industries, as well as on potential exposure (civil/criminal) if other businesses use products provided by client to process federally unauthorized marijuana products.
• Counseling multiple clients on the potential viability and legality of sale of CBD products through retail and/or online distribution.
• Advising clients that manufacture and/or distribute devices that may be used for CBD and other cannabis products on federal and state regulations on cannabis and applicability and implications of changes in regulations to clients’ products and potential exposure under civil and criminal laws.
• Reviewing and revising a supply agreement to account for potential liability and indemnity obligations regarding supply of raw materials to a customer that manufacturers cannabis-containing products.