Keeping Your Cannabis Business On The Right Side Of The Law
As you seek to launch or expand a cannabis-based business, it is crucial to make compliance an important part of your plans. The regulatory landscape for cannabis businesses is fraught with potential legal and financial issues; it is not an exaggeration to say your efforts to navigate regulatory compliance can make or break your business.
Fortunately, you do not have to embark on this journey alone. At Valenti Hanley PLLC, we work closely with business owners and entrepreneurs in Kentucky and Colorado to ensure regulatory compliance and obtain funding through securities and other nonbank sources. Our clients include those involved in growing cannabis, producing cannabis-based products, such as CBD, and retail sales of cannabis and related products.
The Ever-Changing Field Of Cannabis Legislation
Navigating the legal framework for cannabis is notoriously challenging. Because marijuana remains a controlled substance at the federal level, there are many layers of regulatory hurdles to address. Missteps can jeopardize your entire business.
Our lawyers are familiar with the many legal restraints around cannabis businesses, including:
- Licensing
- Funding and financing issues
- Product sourcing
- Reporting requirements
- Ongoing operations
As with cannabis legislation nationwide, this is an area of law that is frequently in flux. Future regulations and legislation will likely continue to shape the legal landscape for cannabis businesses. Our lawyers can provide ongoing guidance on the latest legal requirements.
Marijuana Is Still Illegal At The Federal Level
National public opinion continues to turn in favor of legalizing marijuana. States such as Colorado, California and Washington have legalized recreational marijuana. However, marijuana is still a controlled substance under federal law and is affected by the Department of Justice guidelines on enforcing federal marijuana laws. These guidelines are subject to change; you can rely on our firm to keep abreast of the regulatory environment and take quick action to protect your interests.
The Cannabis-CBD Connection
Cannabis and CBD products both contain THC. Attorney Michael Valenti has experience representing CBD businesses. No matter where you decide to set up shop, you can leave your regulatory issues in our hands. We are adept at identifying and navigating regulations that often differ on a state-by-state basis. For example, CBD products in Kentucky and other states have strict limits on the amount of THC permissible in CBD products. Whether you practice in one state or nationwide, we will make sure your operation stays on the right side of the law.
Hemp-Based Cannabis Products
Federal law – specifically, the 2018 Farm Bill – removed hemp from the Controlled Substances Act. However, there are still licensing requirements for businesses moving into the hemp and cannabis space.
Our attorney in this area, Michael Valenti, has assisted Kentucky hemp growers with licensing issues. He has also helped them secure creative financing arrangements such as private placements.