Hemp Brand

While some hemp brands will want to be vertically integrated to control their supply chain and increase margins, other brands will want to focus on simply serving its customers while maintaining strong relationships down the supply chain to ensure good quality and good pricing. There are pros and cons to both models. We will help you assess which of these models fits your company, and we will help you protect your brand so that it flourishes in the hemp market.

• Intellectual Property Protection – With the 2018 Farm Bill and the USDA’s approval of Florida’s hemp program in April 2020, there is a rush for new brands to enter the market. It is imperative that any new brands or existing brands protect their brand, including the name, logo, the phrase, or the like. This is generally achieved by registering those items as trademarks. We will assist with protecting your brand to the fullest extent of the law.
• Company Formation – There are a lot of variables to consider when forming your company. We will assist with ownership type, ownership structure, and preparing formation documents.
• Sourcing the Hemp – The recently-passed hemp bill includes specific provisions for distribution and retail sale of hemp extract. It requires that there is a certificate of analysis prepared by an independent testing laboratory and that there is specific information on the packaging. The bill also permits the hemp to be transported across state lines consistent with federal law. We will assist you through the entire sourcing process including identifying the right source to suit your needs, complying with the legal requirements, and negotiating the supply contracts.
• Reporting/Testing Compliance – In order for hemp to be legal, it must contain no more than 0.3% THC. This creates various requirements with reporting/testing compliance. We will assist you in setting up procedures so that your operations comply with all reporting and testing requirements.
• Labeling and Packaging Compliance – The recently-passed hemp bill requires specific information on the packaging of hemp extracts, including a scannable barcode or quick response code linked to the certificate of analysis of the hemp extract by an independent testing laboratory; the batch number; the internet address of a website where batch information may be obtained; the expiration date; the number of milligrams of hemp extract; if specific cannabinoids are marketed, the milligrams per serving of the specific cannabinoid must be listed along with its corresponding serving size; and a statement that the product contains a total delta-9-tetrahydrocannabinol concentration that does not exceed 0.3% on a dry-weight basis. Moreover, each hemp-derived product must follow non-hemp-specific packaging requirements, which include, but are not limited to, a compliant Supplements Facts Panel or Nutrition Facts Panel. We will assist you with ensuring that your packaging complies with all the laws, rules, and other regulations for Florida’s hemp program.
• USFDA/USDEA Approval – One of the previous hemp bills that was filed in the 2019 Legislative Session contained certain requirements for USFDA or USDEA approval for distributing or selling extracts as a prescription drug or an over the counter drug. While such language did not make it into the final version of the hemp bill, other laws and regulations may still impact the sale of extracts as prescription drugs or over the counter drugs. We will help you navigate any USFDA and/or USDEA approval process so that you can ensure your extract sales are legal.
• Bookkeeping and Accounting – Like any business, bookkeeping and accounting are key to understanding your business as well as complying with legal requirements. We will assist you in implementing proper accounting systems to properly capture the necessary data.
• Employment Matters – Like any business, there are various employment matters that must be properly dealt with. We will assist you with various employment matters including offer letters, equity compensation, separation agreements, employee handbook, and litigating employment disputes.
• Commercial Litigation – Most businesses have to deal with some amount of litigation. But, litigating a case in the hemp industry has its own set of complications and challenges. We are experienced and aggressive litigators.
• CBD – Having a hemp-derived CBD brand comes with its own opportunities, challenges, and legal hurdles. Please see Hemp-derived CBD Business page for more information.