What is a Cannabis Business Lawyer? An Overview

As the cannabis industry continues to grow in every sector, more businesses are turning to cannabis business lawyers and CBD business lawyers for guidance and counsel to better navigate legal processes and regulations. But what exactly is a cannabis lawyer, and why are they necessary? Where did they come from, and what do they bring to the table? Cannabis business attorneys bring valuable expertise, helping businesses understand their development and the benefits they provide, including navigating state and federal law related to controlled substances.

What exactly is a cannabis business lawyer?

A cannabis business lawyer, also referred to as a marijuana business lawyer or a hemp business attorney, focuses on one or several areas within the legal cannabis industries, including marijuana, hemp, cannabidiol (CBD), or ancillary cannabis businesses. Primarily, a cannabis attorney helps individuals and entities in the industry navigate the complicated startup procedures, transactional and compliance requirements, extensive licensing processes, and other related challenges. Cannabis business lawyers provide day-to-day regulatory advice to their clients, ensuring they stay compliant with ever-changing cannabis laws. While some cannabis lawyers specialize in one specific aspect of the cannabis industry in only one state, some are well versed in a variety of processes and regimes across several regions. Laws and regulations differ greatly from state to state and are constantly fluctuating, and different lawyers may be better suited for one circumstance over another.

What experience do cannabis business lawyers have, and where did they come from?

Most cannabis lawyers began their careers in a different practice area because cannabis legal groups are a relatively new practice. The Agriculture Improvement Act of 2018 has significant implications for hemp cultivation, highlighting the need for understanding various regulatory frameworks set forth by the Department of Agriculture. Additionally, cannabis law is a bit of a misnomer, as cannabis lawyers work within established practice areas such as transactional work, intellectual property, real estate, and others. With experience stemming from civil litigation, transactional law, trademarks, and other business litigation, cannabis attorneys often bring a well-rounded and beneficial background to help individuals through complex state and federal procedures.

Cannabis lawyers also frequently transition from an existing industry, such as vaping or e-commerce, that moves into hemp and cannabis.Their expertise in federal law helps businesses stay compliant with ever-changing regulations, ensuring proper licensing and operational approvals. Additionally, cannabis attorneys provide essential regulatory compliance services, assisting clients with risk management, contract negotiations, and dispute resolution in a highly regulated industry. Some cannabis attorneys, such as Chelsie Spencer, even possess deep knowledge of the science behind THC-infused products, including THC beverages, helping businesses ensure their products comply with both legal and regulatory requirements.

What types of processes can a cannabis business lawyer help with?

Cannabis lawyers assist individuals and cannabis entities in an array of different processes and actions. In such a highly regulated industry, every step of starting a cannabis business requires substantial compliance and significant licensing, and the regulatory expertise of an experienced cannabis lawyer becomes highly valuable.

Business formation is another critical area where cannabis attorneys provide guidance, helping entrepreneurs choose the best legal structure—such as LLCs, corporations, or partnerships—to align with their long-term goals and regulatory requirements. Understanding how cannabis intersects with a variety of regulations and compliance is crucial as businesses navigate the complexities of cannabis legalization. Licensing is of major importance to a myriad of cannabis businesses, including cultivators, extractors, dispensaries, manufacturing, and distribution. Additionally, cannabis attorneys offer support and guidance through the startup and formation of a company, marketing and advertising, packaging and labeling, banking and financing, taxes, and trademarks and copyrights on new strains or products.

What makes a qualified cannabis business lawyer?

When searching for a qualified cannabis business lawyer for your startup dispensary business or any hemp or cannabis entity, it is essential to identify demonstrated expertise in the industry. Though cannabis business attorneys are relatively new since the industry recently emerged, there are plenty of cannabis business lawyers that have experience in the hemp and cannabis industries. Look for cannabis lawyers well versed in your local and state regulations, but also in applicable federal law. Additionally, the best cannabis lawyers may offer connections and guidance throughout the cannabis industry and remain active in lobbying and legislative activity. This enables you and your business to stay up to date on cannabis, marijuana, and hemp trends, as well as legal fluctuation. The internet is a wonderful resource and you can often vet a cannabis lawyer simply by googling them.

Experienced Cannabis Business Attorneys

Our law firm has extensive expertise in cannabis law, with a deep understanding of the complexities of the industry. Our attorneys have experience advising clients on a wide range of cannabis-related matters, including corporate formation, intellectual property protection, licensing, employment law, and more. We stay up-to-date on the latest developments regarding federal and state laws in the cannabis and hemp industries, and evolving regulations. Given the complexities of regulatory compliance, we help clients navigate licensing, operational requirements, and risk management.

Our team also provides strategic counsel on business disputes and commercial litigation, ensuring clients are well-prepared to prosecute or defend legal challenges. We also provide guidance for businesses producing hemp-derived products, such as THC beverages and infused beverages, ensuring compliance with labeling, licensing, and safety regulations.

The cannabis and CBD business lawyers at Ritter Spencer Cheng work with a myriad of clients in the marijuana and hemp industries, including the CBD market. We remain active in legislative activity in the cannabis fields and continue to represent hemp and legal cannabis companies for their business, transactional, and compliance needs. Contact Ritter Spencer Cheng or give us a call at 214.295.5070 for more information.

Benefits of Working with a Cannabis Business Lawyer

Working with a cannabis business lawyer can provide numerous benefits for your business. Our attorneys can help you navigate the complexities of the cannabis industry, including compliance with federal and state laws and regulations. We can advise you on corporate formation, intellectual property protection, and employment law, helping you to avoid costly mistakes and ensure the success of your business. Our attorneys are proud to provide personalized and professional legal representation to our clients, working closely with them to understand their unique needs and goals. By working with a cannabis business lawyer, you can ensure that your business is well-positioned for success in the rapidly evolving cannabis industry.