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The national regulatory landscape of cannabis is highly complex. State laws regarding the use of cannabis and its related products are constantly changing and often conflicting with Federal law. 

Kendall PC has extensive experience navigating federal, state and local regulations to ensure your cannabis-related business is compliant. Our cannabis attorneys provide guidance and tools to help your business succeed and minimize violations and investigations.

Our firm keeps up with ever-changing cannabis legislation and regulations to provide you with real-time, up-to-date guidance. To learn more about Kendall PC cannabis services, contact us today online or at (484) 414-4093. We proudly serve cannabis businesses of all sizes across the United States.

Comprehensive Legal Services for Your Cannabis Business

With extensive experience helping an array of companies in the nation’s fastest-growing medical and recreational marijuana markets, we know how to assist with every aspect of your business. We regularly help with legal matters for organizations and entities of all sizes involving:

Our practice provides a depth of knowledge surrounding cannabis regulation. We have the experience and resources necessary to meet the unique needs, challenges, and opportunities of marijuana dispensaries, growers, processors, investors, and other ancillary businesses that are building today’s ever-growing cannabis industry.

Kendall PC can answer your complex compliance questions and offer guidance and review of your products’ packaging and labeling. We can create compliance documents for various areas of your cannabis business, such as standard operating procedures, employee training and operational guides and checklists.

Licensing Cannabis Businesses

In addition to sales tax licenses, marijuana companies must be licensed for all aspects of their business. For example, a company that both sells and delivers marijuana must possess both a retail store license and a retail marijuana transporter license. Depending on individual state laws, a company may need to obtain a variety of licenses, such as:

  • Retail marijuana store
  • Retail marijuana cultivation
  • Retail marijuana products manufacturer
  • Retail marijuana testing facility
  • Retail marijuana transporter
  • Retail marijuana operator

The licenses required for your cannabis company will depend on the type of business you intend to form. Each type of license must be applied for separately. Every detail on your license applications matter. The marijuana business attorneys at Kendall PC can help you determine which licenses your company will need and help you navigate the intricate process of preparing and submitting business license applications for both medical and recreational products.

Medical Marijuana

The term medical marijuana refers to the use of cannabis to treat diseases or symptoms. Cannabis contains THC, which can reduce nausea, mitigate pain, bolster the appetite and more. This makes marijuana useful for treating a range of conditions and symptoms, such as Crohn’s disease, multiple sclerosis, glaucoma, and other health issues.

All cannabis has medical properties, but there is a difference between how medical marijuana is regulated. Depending on individual state laws, regulatory changes can affect both businesses and consumers.

Legal Recreational Marijuana

Although marijuana is still illegal at the federal level, over a dozen states have opted to legalize marijuana for adult recreational use.  While most states have limited legalization efforts to medical marijuana access only, adult recreational use of marijuana is becoming legal in several states across the country.

Kendall PC has substantial experience helping medical and recreational marijuana businesses with compliance strategies, corporate guidance, regulatory support, and the legal planning that they need. Contact our office today to learn how our team can help you.

Marijuana Dispensaries

In some respects, starting a marijuana dispensary is similar to starting any business. However, there are crucial regulatory and compliance issues surrounding cannabis businesses that are unique to the industry.

From location zoning to licensing, there are a number of issues that could benefit from the counsel of an experienced marijuana law attorney. A lawyer can help answer questions such as:

  • What are the laws in my state for use and dispensing?
  • Will my dispensary be protected by state laws?
  • What are the costs involved with starting a dispensary?
  • What licenses and applications are required?

The lawyers at Kendall PC have backgrounds in business. We understand the challenges new companies face because we have been there. We can leverage our extensive business experience with our substantial knowledge of state and federal marijuana laws and regulations to ensure your business is compliant. Contact us today to discuss your dispensary’s legal needs.

Cannabis Growers and Laboratories

The laws on marijuana cultivation vary throughout the country. If you are starting a new cultivation business, or considering starting one, you likely have many questions. What constitutes the legal right to supply marijuana to doctors and dispensaries? How many plants can growers legally cultivate? Who qualifies as a legal cannabis grower? What can you do to ensure you are acting in compliance with state laws and regulations?

Kendall PC understands the many questions and concerns facing cannabis growers, processors, and laboratories. We can carefully explain the laws in your state and help with every aspect of your business. 

Our seasoned cannabis lawyers can answer your questions and provide legal guidance. We are committed to helping new and existing cannabis companies with every aspect of their businesses. Contact us today to learn how we can help you. 

Cannabis Consumption Device and Tech Companies 

The expanding cannabis market has spurred growth opportunities for a number of ancillary businesses that do not directly handle cannabis products. Manufacturers of cannabis consumption devices and companies that offer services, software, supplies and equipment to cannabis related businesses are emerging across the country.

These types of ancillary-market companies typically face less risk than those that grow or dispense marijuana. However, these companies should still be mindful of potential legal challenges, including FDA regulatory and compliance issues.

Kendall PC has considerable experience helping companies with compliance and regulatory solutions. We can help your business with:

  • Early investigational and product development stages
  • FDA approval process
  • Post-approval compliance and enforcement
  • FDA regulations on cosmetics, dietary supplements, and foods that contain cannabinoids
  • Corporate compliance for manufacturers and other businesses regulated by the FDA

If your company manufactures cannabis consumption devices or provides other ancillary-market products or services, contact Kendall PC today for a confidential discussion. 

Hemp Companies

Industrial hemp is incredibly versatile and can be used to produce thousands of products, such as biofuel, clothing, paper, textiles, paints, detergents and more. While marijuana plants and hemp plants are both the same species, they are designated by the amount of THC they contain.

Cannabis plants that contain more than 0.3 percent THC are considered marijuana, while cannabis plants that contain less than 0.3 percent THC are generally defined as hemp.

Another difference between hemp and marijuana is legality. Under the Agricultural Improvement Act of 2018, also known as the 2018 Farm Bill, hemp can be legally grown throughout the U.S.

Kendall PC has experience counseling the hemp industry on applicable regulations and how to effectively comply with them. We can help your hemp company at every stage of business, from inception to production. We can even help with your sales and marketing needs. Contact us today to discuss how we can help you.

The Controlled Substances Act (CSA)

Although many states have legalized cannabis in some capacity, marijuana still remains illegal under the Federal Controlled Substances Act (CSA). Marijuana is classified as a Schedule I drug. This means that the federal government considers it to be a dangerous drug with no acceptable medical use and a high potential for abuse.

Marijuana’s Schedule I designation under the CSA makes it very difficult for research institutions to obtain the drug for studies. In fact, there is no federal framework in place to legally obtain marijuana other than for the purpose of research.

What happens when federal law conflicts with state law?

When state and federal laws differ, federal law generally prevails. The Supreme Court has ruled that even if a grower cultivates marijuana in compliance with state law, the grower can still be prosecuted under federal law. The power to supersede state law and impose federal law is called pre-emption.

The attorneys at Kendall PC have extensive knowledge and experience counseling clients on the regulations and government guidance that pertain to cannabis under the CSA. During an initial confidential discussion, we can further discuss the rights and risks your company may face. 

State Vs Federal Laws Regarding Marijuana

Although at the federal level, the sale of marijuana is still illegal, that does not mean that the federal government will necessarily prosecute you for selling cannabis. A memorandum known as the “Cole memo” was issued to federal prosecutors in 2013 explaining that, in states where cannabis has been legalized, the Justice Department would not enforce federal marijuana laws.

The Cole memo was rescinded in 2018. However, states have continued to regulate cannabis within their own jurisdictions since the removal of the Cole memo, without interference from the Justice Department.

This is still an uncertain time for marijuana business owners. The experienced marijuana business law attorneys at Kendall PC understand the precarious nature of the modern cannabis industry. We can provide knowledgeable counsel to best help you protect your business interests.

Contact Our Cannabis Attorneys Today

If you own a cannabis business or are considering starting a new marijuana company, the cannabis lawyers at Kendall PC can help. Contact us today online or at (484) 414-4093 for a confidential discussion. We serve small, mid-sized, and emerging businesses throughout the U.S.

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News & Articles

Stay connected and informed on the issues that matter most to your business. Our News & Articles section covers numerous legal topics related to commercialization, litigation, compliance, privacy, and more. Our News & Articles are provided by Kendall PC for educational and informational purposes only and are not intended and should not be construed as legal advice. Our News & Articles are considered advertising under applicable state laws.

FTC Compliance Law Firm
By: Kendall PC
April 10, 2024