Cannabis Business Lawyers for FDA, USDA & DEA Compliance
Cannabis businesses face complex FDA, USDA, DEA, and state regulations. OFW Law’s Washington DC attorneys provide compliance counsel and enforcement defense for hemp cultivators, CBD manufacturers, and cannabis-adjacent businesses.
Our Cannabis Legal Services
FDA Cannabis & CBD Compliance
Navigate FDA restrictions on cannabidiol in foods, dietary supplements, and cosmetics. We review product formulations, respond to warning letters, and advise on regulatory compliance for hemp-derived ingredients.
- CBD product label review and compliance assessment
- FDA Form 483 and warning letter response
- Structure/function claims guidance
- Food additive and GRAS considerations
- Cannabis pharmaceutical regulatory pathways
USDA Hemp Program Guidance
Advise hemp farmers and cooperatives on USDA domestic hemp program requirements, including licensing applications, compliance with THC testing protocols, and regulatory matters.
- USDA hemp producer license guidance
- State and tribal hemp plan compliance
- THC testing requirement interpretation
- Hemp cultivation regulatory matters
- USDA program compliance counseling
DEA Controlled Substance Matters
Provide counsel on DEA controlled substance regulations, cannabis scheduling issues, and federal-state law conflicts affecting cannabis businesses.
- Controlled Substances Act compliance
- Cannabis scheduling developments
- Federal-state regulatory conflicts
- DEA policy interpretation
- Enforcement matter guidance
Cannabis Import/Export & Trade
Guide hemp and CBD product companies through international trade requirements, customs compliance, and cross-border regulatory coordination.
- Hemp product import/export guidance
- Customs compliance counseling
- International supply chain matters
- Trade regulatory coordination
- Certificate requirements
Cannabis Product Labeling & Marketing
Review cannabis and hemp product labels and marketing materials for FDA, FTC, and state regulatory compliance considerations.
- Product label compliance review
- Marketing claim assessment
- FTC advertising considerations
- State regulatory requirements
- Brand protection strategies
Cannabis Policy & Government Relations
Provide Congressional strategy, regulatory comment preparation, and federal policy advocacy for cannabis trade associations and industry groups.
- Legislative tracking and analysis
- Federal rulemaking comment preparation
- Congressional testimony support
- Industry coalition coordination
- Cannabis policy advocacy
Why Cannabis Companies Choose OFW Law
Three Decades Combined Regulatory Experience
Washington DC-based attorneys with combined experience in food, drug, healthcare, and international trade sectors representing clients before FDA, USDA, and DEA.
Best Lawyers® Recognition
OFW Law attorneys recognized in Best Lawyers for food and drug law, government relations, and administrative regulatory practice.
Cannabis Industry Specialization
Attorneys and policy advisors with backgrounds in government, industry, science, and medicine focusing on cannabis regulatory matters.
Interdisciplinary Approach
Team includes specialists in foods, crops, pharmaceuticals, controlled substances, dietary supplements, cosmetics, and international supply chains.
MEET OUR TEAM
Faqs About Cannabis Business Lawyers
What is the difference between hemp and marijuana under federal law?
Hemp is cannabis containing 0.30% or less delta-9 THC by dry weight, legalized under the 2018 Farm Bill. Marijuana is cannabis exceeding 0.30% THC and remains a Schedule I controlled substance under federal law. This THC threshold determines whether a cannabis plant is subject to USDA hemp regulations or DEA enforcement.
Is CBD legal in the United States?
Hemp-derived CBD containing less than 0.30% THC is legal under the 2018 Farm Bill. However, FDA has not approved CBD as a food additive or dietary supplement ingredient. The only FDA-approved CBD product is Epidiolex, a prescription drug for seizures. Companies marketing CBD products face regulatory enforcement risk despite hemp legalization.
What does a cannabis business lawyer do?
Cannabis business lawyers help companies comply with FDA, USDA, and DEA regulations while addressing state licensing requirements. They review product labels, prepare regulatory submissions, respond to agency enforcement actions, and provide policy advocacy. Unlike criminal defense attorneys, cannabis business lawyers focus on regulatory compliance and government relations for legitimate cannabis operations.
When should I hire a cannabis attorney for my business?
Hire a cannabis attorney when launching CBD products, applying for USDA hemp licenses, responding to FDA warning letters, addressing import/export matters, navigating federal-state regulatory conflicts, or developing cannabis pharmaceuticals. Early legal counsel helps identify compliance requirements before regulatory issues arise.
What federal agencies regulate cannabis businesses?
FDA regulates cannabis-derived drugs, CBD in foods and cosmetics, and product marketing claims. USDA administers the domestic hemp program covering cultivation licensing and THC testing. DEA enforces controlled substance laws for marijuana. State agencies issue cannabis business licenses and impose additional requirements beyond federal regulations.
Cannabis Regulatory Counsel
Whether you’re a farming cooperative cultivating hemp under the USDA domestic hemp program, a manufacturer of cannabinoid-containing cosmetics, foods, and dietary supplements, a pharmaceutical developer navigating FDA processes for cannabis compounds, a retailer managing CBD marketing considerations, or a trade association seeking Congressional strategy counsel – OFW Law’s Cannabis Team can assist.
- Tish Pahl: tpahl@ofwlaw.com
- Kyla Kaplan: kkaplan@ofwlaw.com
- Denise Calle: dcalle@ofwlaw.com
- Ben Dash: bdash@ofwlaw.com