Case studies
Representative Matters
Anonymized matter descriptions illustrating Hoban Law Group's depth of experience across cannabis licensing, M&A, hemp compliance, tax, litigation, and international regulatory counsel.
Farm Bill Preemption: Challenging State Import Restrictions on Federally Legal Hemp
Successfully challenged a state prohibition on importing out-of-state hemp products as preempted by the 2018 Farm Bill's interstate commerce provisions.
Preliminary injunction granted; state amended statute to remove in-state sourcing mandate
Cannabis Banking: Structuring IRC 471(c) Small Business Inventory Accounting for Tax Optimization
Advised a cannabis MSO on adopting IRC 471(c) simplified inventory accounting, reducing effective tax rate by restructuring COGS methodology within 280E constraints.
~$340K estimated annual tax savings; 8-point effective rate reduction
DEA Rescheduling: Administrative Petition and Stakeholder Coalition for Cannabinoid Scheduling Reform
Led a multi-organization coalition petition to the DEA supporting cannabinoid rescheduling, contributing regulatory and evidentiary framework adopted in HHS scheduling review.
Three of four regulatory framework conditions incorporated in DEA proposed rule preamble
Arizona Dispensary Acquisition: Due Diligence Uncovering Latent License Risk in $18M Deal
Performed regulatory due diligence on an Arizona dispensary acquisition that surfaced a latent license defect, enabling client to renegotiate price and secure indemnification.
$1.2M price reduction and $500K indemnification escrow secured; deal closed on revised terms
Cannabis Microbusiness License: Structuring Vertical Integration Within License Tier Limits
Structured a cannabis microbusiness license application enabling full vertical integration within statutory tier caps, maximizing operational scope at licensure.
License granted; full vertical integration approved; profitable in month four
Cannabis Loyalty Program Structuring: Avoiding Securities Classification for Token-Based Rewards
Structured a cannabis loyalty token program to avoid SEC securities classification, enabling consumer launch without registration or Regulation D exemption filing.
Program launched without SEC filing; 90-day consumer adoption exceeded projections
Intoxicating Hemp Rulemaking: Shaping State Regulatory Framework Through Comment Participation
Authored regulatory comments that materially influenced a state's intoxicating hemp rulemaking, securing product category definitions favorable to the hemp industry.
Three of four definitional revisions adopted in final rule; retail carve-out preserved
EU Cannabinoid Market Entry: Navigating Novel Food Authorization and Cross-Border Trade Compliance
Advised a US hemp extract exporter on EU novel food authorization requirements and cross-border trade compliance for CBD isolate and full-spectrum products entering Germany and the Netherlands.
CBD isolate line entered EU market within 4 months; full-spectrum in EFSA authorization pipeline
Cannabis Brand Protection: USPTO Opposition Proceeding Securing National Trademark Rights
Successfully opposed a competing trademark application that threatened a cannabis brand's nationwide expansion, securing uncontested federal registration.
Competing application abandoned; client obtained federal trademark registration
Colorado Adult-Use Retail License: Accelerated Approval for Vertically Integrated Operator
Guided a vertically integrated cannabis operator through Colorado's complex dual-track licensing system, securing retail approval within 90 days.
License granted within 90 days of filing — approximately half the median timeline
Tribal Cannabis Compact: Negotiating a State-Tribal Cannabis Commerce Agreement
Represented a tribal nation in negotiating a cannabis commerce compact with a western state, establishing tax revenue sharing and cross-jurisdictional sale rights.
Compact executed and ratified; tribal cannabis retail launched within 18 months
FDA Warning Letter Defense: Hemp-Derived CBD Ingestible Product Line
Defended a hemp processor against an FDA warning letter targeting CBD-infused ingestibles, securing withdrawal of the enforcement action.
FDA warning letter withdrawn 94 days after issuance
Cannabis Receivership: Preserving License Value Through Court-Supervised Restructuring
Navigated a state court receivership for a distressed cannabis operator, preserving active licenses and enabling a credit-bid acquisition that saved 47 jobs.
All four licenses preserved; $6.2M credit bid closed; 47 jobs retained
Multi-State Cannabis MSO Merger: $45M Cross-License Acquisition Across Three Jurisdictions
Structured and closed a $45M acquisition of a cannabis MSO with active licenses in three states, navigating simultaneous change-of-ownership approvals.
$45M deal closed Q4 2023; all three COO approvals within 118 days
Delta-8 THC State Ban Challenge: Emergency Injunction Preserving Distribution Rights
Obtained an emergency injunction blocking enforcement of a state administrative rule banning delta-8 THC products, preserving client distribution operations.
Emergency injunction granted within 18 hours; state withdrew rule within 60 days
280E IRS Audit Defense: $2.1M Assessment Reduced for Multi-Location Dispensary
Defended a multi-location dispensary chain through an IRS examination targeting Section 280E disallowances, reducing the proposed assessment by 63%.
IRS assessment reduced by 63% — from $2.1M to $775K
Work with Hoban Law Group
Schedule a consultation
Tell us about your matter -- our team prepares a regulatory briefing before you speak. No cost. No commitment.
Engage Hoban Law Group