How the law applies to your retail store will likely depend on the type of products you are selling. For example, retailers selling ingestible hemp products will likely need to obtain a food permit. Make sure you consult an attorney if you are considering selling hemp-derived products in your retail store.
- Hemp Licensing and Registration – A bill was recently passed in Florida’s 2019 Legislative Session that directs Florida’s Department of Agriculture to adopt rules for Florida’s hemp program. While the bill references certain licensing requirements for cultivators, there is no mention of any licensing requirements for retailers. Nonetheless, Mr. Cannabis Law predicts that the final FDACS rules will require retailers of ingested hemp products to obtain a Retail Food Hemp Permit. We will be monitoring the rulemaking process very closely to ensure our processing clients are prepared to fulfill any requirements for a processing license or registration.
- Intellectual Property Protection – With the recent 2018 Farm Bill, there is a rush for new brands and retailers to enter the market. It is imperative that any new retailer or existing retailers 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 with setting up procedures so that your operations comply with all reporting and testing requirements.
- 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 if milligrams of hemp extract; 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, the Department of Agriculture may add additional rules to these packaging requirements. We will ensure that you have a process in place to ensure all items have the required packaging information.
- 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.
- CBD – Having a hemp-derived CBD business comes with its own opportunities, challenges, and legal hurdles. Please see Hemp-derived CBD Business page for more information.