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Cannabis Regulatory Compliance
Vigilant Compliance with Cannabis Industry Laws and Regulations
Anti-money laundering laws. The United States Department of Agriculture. The Controlled Substances Act. The Federal Trade Commission. These are just a few agencies and laws involved in operating a successful cannabis business, and that's only at the national level. Add in state and local authorities and regulations, and the waters get murkier. Trust Harris Sliwoski's cannabis compliance lawyers for the bold advice you need. We provide a cannabis regulatory compliance plan for navigating federal and state laws and regulations.
Contact UsOur vigilant team of cannabis regulatory compliance attorneys can help you build your business with confidence.
Once you obtain your marijuana or hemp business license, you must still work to maintain full compliance with all applicable federal, state, and local laws and regulations. Mistakes or even indifference about regulatory compliance can result in license revocation, monetary penalties, criminal sanctions, and even federal scrutiny and intervention.
Compliance with state and local rules and laws is crucial to the survival of your marijuana or hemp business. Adhering to these regulations is what allows you to keep your business’ most important asset: its license. Because the regulations, laws, and policies surrounding hemp and cannabis are complicated and constantly changing, you need lawyers experienced with both the written requirements and how those requirements are enforced. We have been navigating these waters since 2010 and our cannabis attorneys can help ensure you remain in compliance and your license and your business are safe.
Harris Sliwoski’s cannabis attorneys have served as compliance counsel to hundreds of marijuana and hemp businesses in Arizona, Oregon, Washington, Colorado and various other states, ensuring they remain in compliance with all applicable state and local regulations. Our regulatory attorneys also regularly advise marijuana and hemp businesses of the changing federal regulatory landscape.
Our cannabis and hemp regulatory compliance services include the following:
- Assisting with state license applications
- Drafting and managing operational plans to be submitted to states and municipalities for operational licenses
- Advising and assisting with local permitting and licensing processes
- Creating a legal compliance risk management plan
- Conducting periodic legal compliance audits
- Monitoring existing and changing federal, state, and local regulations for marijuana and hemp businesses
Sound complicated? It is. But with proactive planning and state-specific guidance from Harris Sliwoski’s cannabis regulatory team, you can rest assured that your business is on top of ever-changing federal, state, and local cannabis laws.
Why Choose Harris Sliwoski as Your Cannabis Compliance Lawyers?
Cannabis-based companies worldwide trust Harris Sliwoski for their legal guidance because of our:
- Focus: We prioritize our clients' long-term success by putting their needs and objectives first.
- Experience: Our team has been a thought leader in cannabis law for over a decade.
- Expertise: We stay current with the evolving legal landscape to provide the best possible cannabis regulatory compliance advice.
- Partnership: Our attorneys are strategic business partners who use their expertise and a consultative approach to design customized regulatory compliance roadmaps.
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View All Team MembersCompliance, Enforcement, Advertising, Trademarks, and Employment: Frequently Asked Questions
Do ancillary businesses face cannabis legal risk even if they never touch the plant?
Software providers, landlords, packaging companies, lenders, and marketing agencies often assume they're outside cannabis risk because they don't grow, process, or sell the product. The exposure is lower than an operator's, but it isn't zero. A bank may ask about cannabis-related revenue. An insurer may exclude cannabis-related claims. A contract with a cannabis client may need termination and indemnity provisions a standard vendor agreement doesn't include.
What are the most common cannabis compliance mistakes?
The mistakes we see most often aren't dramatic. They're missed ownership approvals, sloppy track-and-trace entries, labels that don't match the product, and health claims nobody reviewed before they went live. Bad records and inconsistent disclosures are enough to block a renewal or hand a buyer leverage during diligence.
What should I do if regulators contact me or issue a notice of violation?
Don't fire off a response before you understand the notice, the deadline, and what the regulator is relying on. Preserve the license file, regulator communications, track-and-trace data, and camera footage; texts and internal messages can matter too, especially if they show who knew what and when. Then reconstruct what happened by reviewing the license conditions, prior warnings, and inventory records against the notice.
Can cannabis, CBD, or hemp companies advertise online or on social media?
A campaign can comply with state law and still get rejected by Meta, Google, TikTok, or a payment processor. These platforms heavily restrict cannabis and cannabinoid marketing, and their rules are often narrower than state law. Marijuana advertising is usually prohibited, while limited categories of topical hemp-derived CBD advertising can be allowed in specified markets subject to certification, geographic restrictions, age limits, and platform approval.
The problems we see most often are health claims, youth-oriented imagery, and unapproved testimonials. Hemp and CBD companies run into the same issues if they show the product or if the marketing language starts to sound like a drug claim.
Can cannabis businesses use influencers, AI tools, or user-generated content in marketing?
Yes, but the same rules apply no matter who's writing the copy or what product images are being shown. A claim about sleep, anxiety, or pain relief is risky whether it comes from the company, an influencer, or a customer review.
Put written rules in place for influencers, affiliates, and anyone using AI tools to draft product copy: what claims are prohibited, what disclaimers are required, and who reviews content before it goes live.
Does trademark protection work differently for cannabis brands?
The main problem is federal legality. The USPTO generally won't register trademarks for marijuana goods that remain unlawful under federal law, even where those goods are lawful under state law.
Cannabis brands build protection instead through state registrations, common-law use, and a filing strategy tied to ancillary lawful goods, though ancillary filings only help if the goods are real and actually sold in commerce, not filed as a placeholder. Hemp-derived products may be easier to register, but the analysis still comes back to the same THC, labeling, and state-law questions that run through this whole FAQ.
What employment issues are specific to cannabis businesses?
They vary heavily by state. Drug-testing policies can conflict with state marijuana laws in states that protect off-duty use. Background checks can raise issues with old marijuana convictions that some states now require employers to disregard.
Worker classification matters too. Calling someone a contractor doesn't help if the relationship looks like employment. Some states require badging, training, or age limits specific to cannabis workers, so a generic handbook borrowed from another industry typically falls short.
What happens if my cannabis license renewal is delayed, challenged, or denied?
A renewal problem becomes an operating problem fast. Start by identifying the deadline, the stated basis for the issue, and whether you can keep operating during review. Build a buffer into the timeline rather than assuming approval will arrive on the earliest possible date.
Common causes include unresolved violations, unpaid taxes, ownership-disclosure gaps, and track-and-trace discrepancies. Keep the response factual, documented, and consistent with what's already in the license file.
What are the penalties for noncompliance?
Noncompliance penalties vary by the governmental level, issuing agency, and extent of the alleged infraction. They can include criminal charges, financial penalties and fines, and license loss. You can ask your Harris Sliwoski advisor for more information during a consultation.
What is a legal compliance risk management plan, and why does my cannabis business need one?
A comprehensive compliance risk management plan helps you proactively identify your cannabis business's unique risks. By considering the potential damage of a realized risk, you can develop internal controls to limit your exposure successfully. It's also an effective tool for monitoring and tracking how well the processes you implement work.
At Harris Sliwoski, we focus on gaining a deep understanding of your needs and operations to help you build practical solutions for managing your cannabis regulatory compliance risks.
What is a legal compliance audit, and how often do I need one?
A legal compliance audit is a complete review of your cannabis business's compliance with federal, state, and local regulations. During the audit, your cannabis compliance attorney evaluates your company and its operations to ensure you follow all the laws. This thorough assessment helps identify potential risks so we can develop mitigation solutions to reduce them.
The timing of your business's audit will depend on factors like:
- Previous noncompliance violations.
- The role you play in the industry.
- Your business's unique risk landscape.
- The federal, state, and local laws that apply.
Our team will help you establish the best schedule for your needs.
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“Harris Sliwoski expertly guided us through the formation of our company. They continue to assist with necessary registrations and compliance with numerous regulations. They were able to promptly answer all our many questions and provide understandable options, explanations and practical advice. We expect to continue to use Harris Sliwoski on a regular basis as our company expands. They were also able to introduce us other professional experts. We would not hesitate to recommend Harris Sliwoski to any companies in need of legal advice.”
Three Continents Foods LLC
This law firm was a huge help as our company went through the process of commercial licensing in the California cannabis industry. They have helped us with a variety of legal issues in a timely fashion, while clearly communicating with us throughout the process. Everyone we’ve worked with at Harris Sliwoski is an expert in their field and we have always felt that we were in good hands through our legal representation.
Wil Crummer, CEO PRO Farms
Legal stuff is always scary. And I've had to play offense a couple times, begrudgingly. To have Harris Sliwoski have my back? It made things a lot less prickly. They quickly walked me through my options, and were refreshingly consistent in their communications, timing and billing. I've been lucky to stay out of the legal side of things my whole career, thankfully. When things went a little wrong, Harris Sliwoski quickly made things right.
Aaron Draplin, Founder Draplin Design Co.
I am impressed with this law firm. They answered all my questions regarding cannabis businesses and the California cannabis framework, and they have helped me with a variety of legal issues in a timely fashion, while always clearly communicating with us throughout the process. They also redirected me to other quality people for my business needs. Everyone I worked with at Harris Sliwoski is an expert in their field, and I was in good hands throughout my legal representation.
Corey T., CEO Thinc Cubed, LLC
I have been working with the lawyers at Harris Sliwoski for more than 20 years both as a business owner and as an executive at a large east-coast health system and that is because they have always efficiently provided high level and clear international law advice. Most recently, Harris Sliwoski provided legal support on many matters related to procuring medical products worldwide. Their support was particularly helpful to during the onset of COVID, when there was a big need for securing PPE quickly, all while navigating complicated international and domestic legal requirements. Harris Sliwoski’s team of international lawyers helped by conducting rapid-fire due diligence on potential suppliers, navigating the legal logistics for getting product from overseas and through U.S. customs, and drafting contracts to protect against various sorts of horribles. They did this by essentially providing what amounted to 24/7 service. I cannot recommend them highly enough.
Dan Pak Hospital Supply Chain Executive
Harris Sliwoski has represented our company in the legal cannabis industry for years. Harris Sliwoski has advised us in a wide variety of legal matters, and they are truly experts in their field. I would highly recommend Harris Sliwoski to anyone with questions about cannabis law, or any legal matters. They have been great for our Company, and will continue to guide us as our industry evolves
Matt Hurt, COO Cannabis Nation
You won't find a better partner than Harris Sliwoski when trying to navigate the complex world of healthcare regulations. They not only give sound and reliable legal advice, but they are also very responsive and are able to guide you in a way that helps you reach your business objectives as well.
Joseph Axelrod, General Counsel Irwin Naturals
When we started the process of building a 'seed to sale' cannabis company in Oregon, we saw the need for expert legal counsel. The cannabis sector is fraught with potential peril at every turn, and we wanted the best legal advice we could find. After talking to several firms and individuals, we feel extremely fortunate to have chosen Harris Sliwoski as our legal counsel.
Tony Theiss, CEO and Co-Founder Redbarn Cannabis
We use Harris Sliwoski on all our international legal matters, including on our international litigation matters. We have over the last few years been involved in a couple big international legal disputes and Harris Sliwoski’s international dispute resolution team provided us with expert legal assistance on both matters. They were always very careful to explain to us what they were doing and why and what their actions would likely cost us in legal fees. Most importantly, we did extremely well on both cases and I have no doubt Harris Sliwoski was a big factor in that.
Kevin English, CEO We Are Camp
We have used Harris Sliwoski for legal help related to our international manufacturing. The lawyers with whom I worked had extensive familiarity with the international legal issues involved in our various projects and offered us key insights. I particularly appreciated how they always quickly and efficiently do what they say they will do and always within their cost estimates.
Andrea Barona Valladolid, Senior Legal Counsel Fairphone