Industrial Hemp & CBD

LoFaro & Reiser represents cultivators, producers, suppliers and product manufacturers applying for industrial hemp licenses in New Jersey and New York.   With the passage of the 2018 Farm Bill, the cultivation, production and sale of industrial hemp is now legal throughout the United States.  While hemp will no longer be in the jurisdiction of the Department of Justice, prospective growers will have to submit cultivation plans to the U.S. Department of Agriculture (USDA), either through the state government or the USDA itself.  Cannabis plants must contain less than 0.3 percent THC in order to be classified as hemp.

In response to the Farm Bill, the Food and Drug Administration (FDA) published a lengthy press release responding to the legislative development—including a pledge to pursue pathways that would allow businesses to legally market products containing cannabis or cannabis-derived compounds, including CBD.  The FDA stressed that it retains the right to regulate products containing cannabis and would take enforcement action against businesses that make unsanctioned claims about the therapeutic potential of cannabidiol (CBD) products, including those derived from hemp, or attempt to introduce such products into interstate commerce.  Given the FDA’s strict stance, it is imperative that CBD and hemp businesses retain competent counsel to help navigate them through the FDA’s complex set of rules and regulations.

In addition to assisting clients with hemp license applications, our firm drafts corporate agreements, business transaction documents, co-packing agreements, commercial leases and financing documents for hemp and CBD companies and provides general legal advice. Beyond start-up, we help clients understand and maintain full compliance with all applicable rules in this highly regulated industry.

Contact Eric D. Reiser to schedule an appointment to discuss your cannabis business venture or litigation matter.

Cannabis Law Disclaimer 

Please be aware that marijuana remains a Schedule I controlled substance; possessing, using, manufacturing, distributing, and/or selling marijuana or marijuana-derived products is illegal under federal law notwithstanding the existence of any state law to the contrary. No legal advice given by LoFaro & Reiser, LLP is intended to provide any guidance or assistance in violating federal law nor will it provide any guidance or assistance in complying with federal law. By reading this overview, you understand there is no attorney/client relationship between you and LoFaro & Reiser, LLP  unless evidenced by an executed legal engagement letter. Although federal policy may, at times, recommend enforcement discretion when a business or individual is in compliance with existing state marijuana law that is deemed to comply with federal enforcement priorities, it is important to understand that compliance with state law does not equal compliance with, confer any immunity from, or provide any shield from prosecution under federal law. At any time, federal and/or state law and policy may change either to enhance or inhibit the cannabis industry.