Brownson Norby attorneys have an in-depth knowledge and extensive experience in advising and counseling clients engaged in the hemp-derived cannabidiol (“CBD”) industry. The CBD industry is currently booming, and showing no signs of slowing. However, there are numerous legal issues associated with the product largely due to the lack of federal guidance and regulatory standards, discord amongst the states, and also stemming from lack of knowledge and understanding of the product. Our attorneys are highly knowledgeable about CBD and the attendant legal issues and can provide guidance to assist industry members in legally engaging in the industry.
In conjunction with this practice, Brownson Norby attorneys have:
- written comments to FDA,
- prepared endorsement contracts,
- prepared employment-related contracts and documents,
- prepared distribution and white label agreements,
- prepared and revised product labels and packaging,
- provided website recommendations to avoid incorporating elements that violate federal regulations,
- prepared trademark applications,
- defended against intellectual property infringement allegations,
- advised on banking and mailing issues,
- prepared comprehensive legal status charts, and,
- provided recommendations to clients on distribution to certain localities based on up-to-date legal issues therein.
Despite recent developments in the CBD world, including the passage of the 2018 Farm Bill, the recognition by WHO that CBD should not be a scheduled substance on the international level, and the cavalcade of state and federal proposed legislative actions loosening the reins on CBD, there remains a great deal of confusion about the legal status of hemp-derived CBD and a great deal of inconsistent enforcement actions against the CBD industry. Many of those legal issues stem from the lack of federal guidance from FDA and the disparate, and often conflicting standards and perceptions of CBD’s legal status amongst the various states and localities. In this “wild west” it is essential to arm yourself with the right tools to avoid enforcement actions by FDA and/or state law enforcement, which is why it is critical to have informed and knowledgeable legal counsel to avoid violating the law.
 An important distinction between hemp and marijuana is what gives rise to many of the legal issues and overall confusion about hemp-derived CBD’s legal status. While both plants are part of the cannabis sativa species, they are very different in that hemp has nominal-to-no THC (the component that gives a psychoactive effect, or a “high”).
Brownson Norby attorneys pride themselves on staying on top of the issues in this dynamic field, and expect to earn your trust and reliance by understanding your business, by staying well-informed, and providing up-to-date legal advice and recommendations.