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Hemp / CBD
At the Crossroads of Hemp / CBD and Business
Our hemp and CBD team (based in Australia, China, Mexico, Portugal, Spain, Thailand, and the United States) provide industry-specific legal planning, regulatory support, corporate guidance, and compliance strategies for the hemp and CBD industries in Australia, China, Colombia, Mexico, Portugal, Spain, Thailand, and the United States.
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Key State Variations
The legal landscape for Hemp CBD varies significantly across states, complicating the U.S. Hemp CBD industry and making it challenging to create and maintain a lawful CBD business. For instance, a company may need to adjust their product labeling or even their product line entirely depending on the specific regulations of the state(s) they operate in. These variations can create significant hurdles, such as:
- Difficulties in achieving national brand consistency: A CBD company with nationwide aspirations may struggle to maintain consistent labeling and product offerings due to the patchwork of state regulations.
- Increased compliance costs: Businesses operating across multiple states may need to comply with a variety of regulations, requiring additional legal and administrative resources.
- Limited scalability: The complexities of navigating state-by-state regulations can make it difficult for companies to scale their operations efficiently.
Our Hemp CBD Legal Services
Our team of experienced Hemp CBD business attorneys understands the interplay between federal law, state law, FDA regulations, and USDA regulations. We can help you navigate these complexities with a variety of legal services, including:
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Compliance Audits: We can assess your current operations and identify any potential areas of non-compliance with federal or state CBD regulations. This includes reviewing contracts, marketing materials, labeling, and internal control procedures to ensure your business adheres to all relevant regulations.
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Product Labeling Review and Development: Our team can ensure your CBD product labels are accurate, compliant, and informative for consumers. We stay up-to-date on the latest labeling requirements and can help you develop clear and compliant labels that meet all state and federal regulations.
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State-Specific Regulatory Guidance: We stay up-to-date on the ever-changing legal landscape and can advise you on the specific regulations applicable to your state. Our hemp lawyers are particularly active in handling Hemp CBD matters in Arizona, California, Hawaii, Illinois, Minnesota, Oregon and Washington. We can help you understand the nuances of state regulations and develop strategies for compliance.
International Hemp CBD Legal Representation
In addition to our hemp CBD work in the United States, we also handle hemp matters involving countries outside the United States, especially in:
- Australia
- China
- Colombia
- Mexico
- Portugal
- Thailand
- Spain
Our Hemp CBD Team Stands Ready to Assist
If you face legal challenges related to your CBD business in the United States or abroad, our attorneys can provide representation and advocate for your interests. By partnering with our experienced legal team, you can gain the confidence and knowledge necessary to navigate the U.S. CBD maze and run a successful, compliant CBD business.
Local, National and International Hemp Lawyers
We serve the entire Hemp CBD industry, from startups to established companies looking to expand in this booming market. Our Hemp CBD business attorneys have extensive experience in navigating the complex and evolving legal landscape, offering a comprehensive suite of services to ensure your business thrives:
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Licensing and Permitting: We guide clients through the process of obtaining all necessary licenses and permits for hemp cultivation, processing, and distribution, ensuring compliance with federal and state regulations.
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Investigating Product Sources and Risk Analysis: We help clients verify that their hemp products are derived from legal hemp sources and do not contain prohibited levels of THC. Our team also assesses risks associated with transporting hemp interstate and internationally.
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Best Practices Advising: We provide comprehensive guidance on the entire lifecycle of your hemp products, including manufacturing, labeling, and distribution, ensuring adherence to best practices and regulatory requirements.
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Regulatory Response and Updates: We don't just advise on compliance, we actively defend your interests. Our team will help you respond to complaints and seizures, while keeping you informed of the latest regulatory changes across the country.
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FDA and USDA Compliance: We advise clients on developing policies and procedures that align with the evolving regulations from the FDA and USDA.
Our international Hemp CBD lawyers have extensive experience representing companies involved in buying, selling, importing, and exporting hemp and Hemp CBD around the world. We assist these companies with navigating the complexities of international transactions and import/export issues, including (consider adding specific countries your team has experience with here, if allowed).
With our comprehensive legal guidance, you can navigate the complexities of the Hemp CBD industry with confidence and focus on growing your successful business.
Contact These Locations for Hemp & CBD Law Expertise
Our Hemp CBD business attorneys work with a wide range of businesses within the industry, from small start-ups to large-scale, established enterprises looking to expand into this rapidly growing market. We have extensive experience in the following hemp matters:
- Investigating Product Sources: Verifying that hemp products are not derived from marijuana and do not contain prohibited levels of THC.
- Risk Analysis: Assessing risks associated with transporting hemp interstate and internationally.
- Licensing: Obtaining licenses for the cultivation or processing of hemp.
- Best Practices Advising: Providing guidance on the manufacture, labeling, and distribution of hemp products.
- Regulatory Response: Responding to complaints and seizures of Hemp CBD products.
- Regulatory Updates: Keeping clients informed as regulations and laws change across the country.
- Seed Sourcing and Compliance: Managing hemp seed sourcing, importation, certification, and labeling.
- FDA and USDA Compliance: Advising clients on developing policies and regulations from the FDA and USDA.
Our international Hemp CBD lawyers have also represented numerous companies involved in buying, selling, importing, and exporting hemp and Hemp CBD around the world. We assist these companies with their international transactions and navigate the import and export issues they face.
With the guidance of our Hemp CBD business attorneys, you can rest easy knowing your business is doing all it can to comply with these complex and evolving laws, allowing you to push your business full speed ahead.
Hemp, CBD, Delta-8, THCA, and Other Cannabinoid Products: Frequently Asked Questions
What is the legal difference between marijuana and hemp?
They come from the same plant, but federal and state law treat them very differently. Hemp is defined by a THC threshold, though that threshold is only the starting point. Federal production rules, total THC testing, finished-product rules, medical or therapeutic claims, and state-specific restrictions all matter too.
A hemp product can be lawful to produce and still unlawful to sell in a particular state, unlawful in a particular form, or risky because of its label, claims, testing, or intoxicating effect.
Why are Delta-8, THCA, HHC, and other hemp-derived cannabinoids so legally unstable?
They sit in the least stable part of the cannabis market right now. Delta-8, delta-10, THCA, HHC, hemp-derived THC beverages, gummies, vapes, and flower raise different questions depending on the product, the state, the testing method, and how it's marketed.
A "hemp-derived" label won't protect a product if regulators view the finished product as mislabeled, synthetically converted, over the THC limit, or packaged to appeal to children. Total THC, conversion chemistry, and potency claims draw particular scrutiny. Labeling problems trigger enforcement on their own, too. Missing warnings, inflated potency claims, and packaging that doesn't match what the state or FDA requires for a product sold in interstate commerce are common triggers.
My product is legal under the federal hemp definition. Can state law enforcement still shut me down or seize my inventory?
Yes. A product can satisfy the federal hemp definition and still violate state law. Ingestible products also face a separate federal problem. FDA's position is that foods containing added CBD or THC cannot lawfully be introduced into interstate commerce and that CBD or THC products cannot be marketed as dietary supplements. FDA-approved drugs, certain hemp-seed ingredients, cosmetics, and other product categories require separate analysis.
Further, some states treat certain hemp-labeled products as illegal, including smokable hemp, THCA flower, intoxicating edibles, converted cannabinoids, and products that exceed state potency limits or use prohibited formulations.
There's also a federal deadline coming. Barring a delay or repeal, Section 781 of Public Law 119-37 takes effect November 12, 2026, one year after enactment. Among other changes, it shifts the federal hemp definition to total THC and excludes final hemp-derived cannabinoid products containing more than 0.4 milligrams per container of total THC plus other cannabinoids that have, or are marketed as having, similar effects. Most current intoxicating hemp products won't survive that test without reformulation or withdrawal. If you sell intoxicating cannabinoid products, start modeling reformulation, SKU cuts, state-by-state withdrawal, or a move into licensed cannabis now.
Can I sell CBD or hemp products as foods, beverages, supplements, cosmetics, or pet products?
This is a separate question from state cannabinoid laws, and it catches many businesses off guard.
The FDA regulates cannabis-derived ingredients and finished products that move in interstate commerce, regardless of whether they are derived from hemp. The agency has generally exercised enforcement discretion for many hemp-derived products, but companies that make unapproved drug or therapeutic claims still draw scrutiny. What qualifies as a medical claim can be broader than many businesses realize, so review labels, packaging, websites, and marketing before launch.
State law runs independently of the FDA. Compliance with one does not establish compliance with the other. States can impose their own ingredient, labeling, testing, registration, and licensing requirements, and pet products raise separate safety and formulation issues.
Treat foods, beverages, dietary supplements, cosmetics, and pet products as separate regulatory categories. Each needs its own federal and state analysis.
Can I sell hemp, CBD, Delta-8, or THCA products across state lines or online?
Interstate and online sales both need a product-by-product, state-by-state review covering formulation, THC testing, product form, label, claims, and the destination state's rules.
Marijuana is stricter. Online sales are generally limited to licensed businesses inside a state cannabis program, and a state allowing online orders doesn't make interstate shipment lawful.
For any cannabinoid product sold online, review the product pages as carefully as the products. Claims about sleep, pain, anxiety, inflammation, or medical benefits create exposure even when the product itself is fine. Resolve payment processing, age-gate, and shipping questions at launch rather than after a shipment is flagged.
International sales bring their own set of requirements: customs rules, controlled-substance rules, and destination-country product standards, all separate from the domestic analysis. Hemp has more lawful pathways than marijuana, but more room is not the same as fewer steps.
Can marijuana inventory move from one legal state to another legal state?
No. State-legal marijuana stays inside its state market. A product lawful in Oregon can't simply ship to Washington, California, New York, or any other legal state. Assume interstate movement is prohibited unless cannabis regulatory counsel confirms a specific exception.
Do the same laws apply to hemp, cannabis, and CBD products?
No. Cannabis is regulated much differently than hemp, CBD and other cannabinoid products. Further, each U.S. state has its own set of laws surrounding cannabis, and many different local statutes also apply. International cannabis laws can be even more challenging to interpret and navigate successfully. The best solution is to consult with a Harris Sliwoski attorney about your unique business needs. We have the global cannabis expertise to provide effective legal guidance for your situation.
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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.
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