Hemp lawyers can be hard to find because the hemp industry is so young, but Rod Kight in NC and Tom Howard in IL are industrial hemp attorneys for your ag business.
Hemp lawyers, Tom Howard and Rod Kight discuss the business issues confronting Hemp Farmers, while Attorney Jeff Hall explains the real world consequences of law enforcement confusion about Hemp businesses.
If you want to start or maintain your cannabis business, you need to consult a hemp lawyer about the possible actions and regulations. Different rules apply in different states across the U.S., and a good hemp lawyer can help you comply with regulations and keep your cannabis business safe. Here are the things that the right hemp lawyer can help you with.
Hemp Contract Drafting and Review
When you start a cannabis business, even in hemp, there are several contracts you need to make. Defining your position in the cannabis business is the most important. Whether you want to be a processor, grower, or seller, you need to know what your rights and obligations are in the specific case. A hemp lawyer can help you draft the right contract that applies to your exact position.
Contracts between hemp business owners should contain different aspects and roles in the business. You need a contract if you plan to:
• Purchase or sell hemp or hemp products
• Purchase or sell a business or business property
• Make a business partnership agreement
• Make a rental agreement
• Make an agreement to process hemp
• Make an agreement for disputes that involve money and personal rights
There are many more types of contracts you can make between the parties and a hemp lawyer can help you draft, review, or negotiate the right contract that applies to your business. Drafting a contract is crucially important for business interaction because you can protect yourself from situations when one party doesn’t follow the points of agreement.
A handshake or verbal agreement cannot protect you properly comparing to a way that a written agreement can protect your rights.
USDA Hemp Regulatory Compliance
The United States Department of Agriculture (USDA) published the official regulations on Thursday, October 31, 2019. In these regulations, the U.S. Domestic Hemp Production Program comes into effect with details that affect hemp production. The interim regulations are seen as an opportunity to improve the production and sales of domestic hemp, which can benefit both U.S. producers and consumers. States and Indian tribes will have primary authority within the approved plan of the USDA.
As part of the interim regulations, we can identify the most common concerns that address the following:
• Seed certification based on location, terroir, and overall cultivation conditions
• Total THC content regulations that apply to both THC and THCA concentrations
• Testing in registered labs that comply with the Drug Enforcement Administration (DEA)
Within these regulations, the states and tribes can submit a plan that monitors and regulates hemp production. The key requirements for state plans must include sharing and collection of information, sampling and testing of THC concentration levels, disposal of non-compliant crops, and enforcement that regulates that hemp is being produced according to the interim regulations.
Many questions arise when it comes to the specific state regulations, and that is why a hemp lawyer can give you proper instructions that apply to your state. It is important to take into account all the matters that are relevant to the USDA plans in the specific state. This way, you protect yourself and your property in the cannabis business.
State Hemp Compliance
The 2018 Farm Bill’s passage changed the definitions and restrictions related to industrial hemp regulations from the previous 2014 Farm Bill. In the current 2018 Farm Bill, we can see that the law changes the regulations about the growing and cultivation of industrial hemp. As a result, states and tribes can now submit a plan and application about the production of hemp in the state or tribal territory.
Related Article: How the Farm Bill Legalized Hemp….and Marijuana???
State policymakers can address various policy issues—from the definition of hemp to licenses, certifications, commissions, and protection rights. At least 47 states have legislation to make programs for industrial hemp cultivation and production.
Specific states including Idaho, South Dakota, Mississippi, and District of Columbia are still in the process of getting the full allowance for the cultivation of hemp.
Law Enforcement Education and Avoidance
In the case of the state of Illinois, we can see how the state prepares to comply with the new law enforcement. The official authorities say that the new law is no longer on the books, but it is coming into force in many different ways. In the state of Illinois, everyone is preparing to completely legalize recreational marijuana. Enforcing the new rules will completely change the perspective of many cannabis business owners.
A similar situation happened to Colorado six years ago when recreational marijuana was legalized in the state. One day, cannabis was illegal, and the next one, it was legal by the official regulations. This change affected many areas of life, from driving regulations to THC level regulations. The state of Colorado was the first to experience practical implementations of the new law. We are still able to see drivers who are driving under the influence of marijuana, which is one of the consequences of legalized marijuana.
Cannabis has become mainstream in Colorado. The possession of marijuana is allowed under certain conditions. Along the roadways, we can see many beautification programs sponsored by marijuana companies. Many businesses base their plans on the promotion and advertising of marijuana products. Colorado is the first example of how the cannabis industry can change the business conditions in one state.
It is left to see what kind of change will happen in the state of Illinois and other states that prepare for recreational marijuana legalization. According to actual predictions, the amount under 30 grams of cannabis flower will be legal in most parts of Illinois in 2020.
The new law enforcement will create a possible open-air market for drug dealers and criminal activities. However, citizens will be advised to take THC products only from legal sources. This will create many opportunities for business owners to legally distribute marijuana and cannabis products.
In the matter of legal compliance to the law, a business owner must take necessary actions to protect the business and financial plans. Speaking to the hemp lawyer can significantly increase the chances of getting the right licenses under the official state regulations.
Contact a Hemp Attorney for your business:
In North Carolina – but serving hemp clients nationwide on federal issues – Attorney Rod Kight
In Illinois, and also serving hemp clients on federal issues and consulting all over the country – Attorney Thomas Howard
Serving hemp business owners wrongfully accused of having marijuana – Attorney Jeff Hall.
Thomas Howard has been in business for years and can help yours navigate towards more profitable waters.
Thomas Howard was on the ball and got things done. Easy to work with, communicates very well, and I would recommend him anytime.
Our cannabis business attorneys are also business owners. We can help you structure your business or help protect it from overly burdensome regulations.