Hemp Legally Speaking

Establishing a Hemp Business Episode Resources:

Host: Jonathan Miller
Guest: Olivia Snyder Bryant
Blog: Hemp Legally Speaking

Hemp industry questions covered in this episode:

1. What’s in a name?  What are the considerations I have with naming my company?
2. What do I need to do to ensure my name doesn’t get be into any hot water?  Searches, registration?
3. How do I protect my name? 
4. What are the different entity types from which I can choose?  What are the distinctions?
5. What are the tax consequences of my choices?
6. How many officers/directors do I need?
7. How do I prepare bylaws?
8. How should I prepare articles of incorporation?
9. How do I set up a bank account?
10. What do I need to consider before I start hiring employees?
11. What are special considerations for hemp businesses?  CBD businesses?

If you have questions about the episode or ideas for Hemp related topics, email us at [email protected].

Hemp Class Action Suits Episode Resources:

Host: Jonathan Miller
Guest: Martin Rose
Blog: Hemp Legally Speaking

Hemp industry questions covered in this episode: 

1. What is a class action lawsuit – what are some common examples?
2. What is your experience in defending class action lawsuits?
3. Why are so many of these suits being brought in California?
4. What has been the subject matter of class action lawsuits brought in the hemp/CBD space?
5. What were some of the hemp class action lawsuits you defended?
6. What was the result of the lawsuits?  What are the prospects of future developments on these lawsuits?
7. When the FDA finally issues regulations, what would we expect in terms of class action lawsuits?
8. What can companies do now to take themselves out of the crosshairs of future class action lawsuits?

If you have questions about the episode or ideas for Hemp related topics, email us at [email protected].

Hemp Trademarks Episode Resources:

Host: Jonathan Miller
Guest: Karlyn Schnapp
Blog: Hemp Legally Speaking

Hemp industry questions covered in this episode:

1. Explain in general why getting a trademark is a good idea.
2. Explain the different kinds of trademarks – names, marks, etc.
3. Explain the difference between a trademark and patent.
4. What agency(ies) handle intellectual property issues – how do you typically engage with them?
5. What’s the general federal trademark policy when it comes to hemp – how has that changed in recent years?
6. What’s the federal trademark policy when it comes to CBD?
7. If I am a CBD manufacturer and I want to secure a trademark, what are the strategies that I can follow in light of the current policy?
8. What general advice would you give to a CBD manufacturer when it comes to intellectual property?

If you have questions about the episode or ideas for Hemp related topics, email us at [email protected]. 

Novel Cannabinoids Episode Resources:

Host: Jonathan Miller
Guest: Andrea Steel
Related material: Take Heed- FDA & CDC Release Health Alerts About Delta-8 THC
Blog: Hemp Legally Speaking

Hemp industry questions covered in this episode: 

1. Beyond D8, what other novel cannabinoids are appearing on the market and how are they different?
2. What is the significance of “naturally occurring” as opposed to synthetic?
3.  Are these novel cannabinoids illegal?
4.  What other risks should be considered beyond the possibility of criminal prosecution?
5. Are we seeing any regulatory action at the state level?
6. Any thoughts on what may happen in the future?

If you have questions about the episode or ideas for Hemp related topics, email us at [email protected].

CBD Product Labeling Episode Resources:

Host: Jonathan Miller
Guest: Kimera Hall
Blog: Hemp Legally Speaking

Hemp industry questions covered in this episode:

1. Explain the FDA’s role in regulating dietary supplements and food.
2. Explain the FTC’s role in the same
3. The FDA claims that it is illegal to sell ingestible CBD products – please explain their philosophy
4. What has been the FDA’s enforcement experience in recent years?
5. What kinds of health claims are prohibited?  What are alternative ways to label products that won’t get you in trouble?
6. What are structure/function claims and what do I need to do to make them?
7. What are other labeling issues that a manufacturer should be concerned about?
8. Why should I care what the FDA says if they already are claiming that products are illegal?
9. What is happening in the states vis-a-vis labeling regulations?
10. What tips would you give a manufacturer to keep compliant with federal and state laws? 

If you have questions about the episode or ideas for Hemp related topics, email us at [email protected]

Hemp Banking Episode Resources:

Host: Jonathan Miller
Guest: Bill Repasky
Blog: Hemp Legally Speaking

Hemp industry questions covered in this episode:

1. Speaking of cannabis in general, why are hemp businesses having trouble accessing banking services in states where the product is legal?
2. Hemp is federally legal everywhere under the 2018 Farm Bill – so why in the world are hemp businesses still having problems in this area?
3. CBD companies have particularly difficult issues with banking services.  Why is that the case?
4. What are the biggest issues that hemp-related businesses can expect to encounter when opening business accounts at banks or credit unions?
5. Concerning retail hemp-related businesses that directly sell merchandise to customers, what issues exist for accepting consumers’ payments by credit cards?
6. Regarding the U.S. House of Representatives’ SAFE Banking Act, what are the benefits for hemp-related businesses?
7. What are the substantive differences between banks and credit unions for hemp-related businesses?
8. If I am a hemp or CBD business, what steps do you recommend I take to access the full range of banking and credit card services?
9. If I am a consumer who supports hemp and CBD, what should I do to help out?

If you have questions about the episode or ideas for Hemp related topics, email us at [email protected]

Delta-8 Episode Resources:

Host: Jonathan Miller
Guest: Nolan Jackson
Blog: Hemp Legally Speaking

Hemp industry questions covered in this episode:

1. What is delta-8?  How do you manufacture it?
2. What’s the difference between delta-8 and delta-9?
3. Make the argument that delta-8 is LEGAL federally.
4. Make the argument that delta-8 is ILLEGAL federally.
5. Putting aside the letter of the law, what is the spirit of the law, i.e. what were Congress’ intentions?
6. What has the DEA said about delta-8?
7. What is the US Hemp Roundtable’s position on delta-8? 
8. What is the US Hemp Authority’s position?
9. What is the HIA’s position?
10. What is the position of leading cannabis organizations?
11. Have any states passed laws banning or regulating delta-8?
12. Have any states promulgated regulations on the issue?
13. In gray area states, are there agency officials who have made declarations about delta-8?
14. Let’s discuss Kentucky – KDA statement, local enforcement actions, KHA threats.
15. What are your predictions on future legal and regulatory treatment of delta-8? 

If you have questions about the episode or ideas for Hemp related topics, email us at [email protected]