Site Map

Practice Areas

• Cannabis Licensing & Permits—

  Full-cycle licensing strategy — application drafting, regulatory navigation, and post-award compliance for cannabis operators in every legal market.

• Cannabis Mergers & Acquisitions—

  Strategic M&A counsel for cannabis operators navigating complex multi-state transactions, regulatory approvals, and post-close integration.

• Cannabis Litigation—

  Battle-tested cannabis litigators defending operators, investors, and license holders in regulatory disputes, breach of contract actions, and constitutional challenges.

• Cannabis Regulatory Compliance—

  Proactive compliance programs and real-time regulatory guidance for cannabis operators across all 50 states—built to prevent problems before they become enforcement actions.

• Hemp & THC Compliance—

  Precision legal guidance for hemp cultivators, processors, and brands navigating the 2018 Farm Bill, state hemp programs, and the evolving Delta-8/Delta-9 THC regulatory landscape.

• Cannabis Banking & 280E Tax—

  Specialized counsel on federal tax strategy under IRC § 280E, cannabis banking access, financial structuring, and the real cost of operating in a cash-intensive regulated industry.

• Cannabis Intellectual Property—

  Trademark registration, brand protection, licensing, and IP strategy for cannabis and hemp companies navigating federal registration barriers and state-law alternatives.

• International Cannabis Policy—

  Cross-border cannabis law, international regulatory frameworks, export/import compliance, and global expansion strategy for cannabis operators and policy stakeholders.

Representative Matters

16 anonymized matters — View all matters

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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%.

Insights & Topic Clusters

• Section 280E Tax Strategy for Cannabis—

  How cannabis businesses legally minimize the impact of Section 280E — cost allocation methods, entity structures, and the status of rescheduling as a potential legislative fix.

• Cannabinoid Rescheduling Impact—

  What moving cannabis from Schedule I to Schedule III would mean for operators, banking, taxes, research, and state law — a practical analysis of the rescheduling proposal.

• Cannabis Licensing 101—

  A foundational guide to obtaining and maintaining cannabis business licenses — from application strategy to compliance calendars.

• Cannabis Licensing by State — 2026 Map—

  A state-by-state overview of adult-use and medical cannabis licensing status, key regulatory agencies, and application window timing across the United States.

• Cannabis Litigation Landscape 2026—

  The categories of cannabis disputes most commonly reaching state and federal courts — license revocations, investor disputes, IP enforcement, and regulatory challenges.

• Cannabis M&A Due Diligence—

  Structured diligence frameworks for acquiring, merging with, or investing in licensed cannabis operators — covering license transferability, regulatory liabilities, and 280E exposure.

• Cannabis Regulatory Enforcement Trends—

  How state cannabis regulators are shifting enforcement priorities — from advertising and packaging violations to track-and-trace gaps and social equity compliance — and how operators should respond.

• Cannabis Trademark Protection—

  Why the USPTO rejects most cannabis trademark applications and the alternative strategies — state registrations, trade dress, copyright, and common law rights — that cannabis brands use to protect IP.

• Hemp & THC Under the 2018 Farm Bill—

  The regulatory landscape for hemp-derived cannabinoids, delta-8 and delta-9 THC, and the compliance risks emerging from federal and state enforcement divergence.

• International Cannabis Policy Shifts—

  How Germany, Thailand, Canada, and emerging markets are reshaping the global cannabis regulatory map — and what that means for operators building cross-border strategies.

Cannabis Law Glossary

30 terms — View full glossary

• 2014 Farm Bill—

  The Agricultural Act of 2014 that first authorized hemp pilot programs for research purposes in states with industrial hemp laws, creating the regulatory foundation that preceded full hemp legalization in 2018.

• 2018 Farm Bill—

  The Agriculture Improvement Act of 2018 that federally legalized hemp by removing it from Schedule I of the Controlled Substances Act, defining it as Cannabis sativa L. with no more than 0.3% delta-9 THC.

• Broad-Spectrum CBD—

  A hemp extract containing CBD and most naturally occurring cannabinoids and terpenes, but with THC removed to non-detectable levels — positioned between full-spectrum and CBD isolate.

• Cannabinoid FDA Regulation—

  The FDA has authority over CBD and other cannabinoids in food, dietary supplements, and drugs; it has determined that CBD in food and supplements is unlawful without explicit approval, creating regulatory uncertainty for the hemp-CBD industry.

• Cannabis and Tribal Jurisdiction—

  Federally recognized tribes have sovereign authority over their lands; DOJ guidance permits tribes to authorize cannabis activities on tribal land using state-law-equivalent regulatory frameworks, creating unique opportunities and compliance challenges.

• Cannabis Conditional License—

  A provisional cannabis license granted to an applicant that has passed initial vetting but has not yet completed all build-out, inspection, or operational requirements needed for a full license.

• Cannabis Licensing Priority—

  State licensing frameworks use scoring criteria — known as merit or priority criteria — to evaluate and rank license applications, with criteria varying by state and license type.

• Cannabis Microbusiness License—

  A small-scale cannabis license type that allows a single entity to perform limited cultivation, processing, and retail functions, designed to lower barriers to entry and support independent operators.

• Cannabis Rescheduling—

  The federal administrative process of moving cannabis from Schedule I to a lower schedule under the Controlled Substances Act, which would relax or eliminate certain federal prohibitions.

• Cannabis Social Equity License—

  A cannabis license type or priority designation designed to increase participation from communities disproportionately harmed by the War on Drugs, often featuring reduced fees, technical assistance, and priority application scoring.

• Cannabis Vertical Integration—

  A business model in which a single operator holds licenses for multiple supply chain activities — cultivation, processing, and retail — within a state's cannabis licensing framework.

• CBD Isolate—

  A purified form of cannabidiol containing 99%+ CBD with no other cannabinoids, terpenes, or plant compounds; generally the most legally straightforward CBD ingredient for food and supplement products.

• Cole Memo—

  A 2013 DOJ policy memo that directed federal prosecutors to deprioritize cannabis enforcement in states with robust regulatory frameworks, focusing instead on eight priority areas.

• Cole Memo Priorities—

  The eight specific federal enforcement priorities outlined in the 2013 Cole Memorandum that state-licensed cannabis businesses must avoid to minimize federal prosecution risk.

• Controlled Substances Act—

  The federal law enacted in 1970 that established the scheduling framework for controlled substances and classified marijuana as Schedule I — the foundation of federal cannabis prohibition.

• CSA Schedule I—

  The most restrictive federal drug classification under the Controlled Substances Act, reserved for substances with no accepted medical use and high abuse potential — including marijuana since 1970.

• Delta-10 THC—

  A minor hemp-derived cannabinoid isomer of delta-9 THC, produced synthetically from CBD; its legal status mirrors delta-8 THC as a contested gray-area compound under the 2018 Farm Bill.

• Delta-8 THC—

  A psychoactive cannabinoid found in trace amounts in cannabis, often synthesized from hemp-derived CBD via isomerization; its federal legal status is disputed under the Controlled Substances Act.

• Delta-9 THC—

  The primary psychoactive compound in cannabis; federally a Schedule I controlled substance above 0.3% dry weight in hemp, and the threshold compound separating legal hemp from federally controlled marijuana.

• Full-Spectrum CBD—

  A hemp extract containing CBD along with the full range of naturally occurring cannabinoids, including trace amounts of delta-9 THC (up to 0.3%), terpenes, and flavonoids.

• HHC (Hexahydrocannabinol)—

  A hydrogenated form of THC produced by adding hydrogen atoms to THC's molecular structure; marketed as a hemp-derived intoxicant and subject to the same contested legality as delta-8 THC.

• Intoxicating Hemp—

  Hemp-derived cannabinoid products that produce psychoactive effects, including delta-8, delta-10, and HHC products, which occupy a contested legal gray area under the 2018 Farm Bill.

• IRC 471(c) and Cannabis Accounting—

  A provision added by the Tax Cuts and Jobs Act of 2017 that allows small businesses to use a simplified inventory accounting method, which cannabis operators have used to expand their allowable COGS under Section 280E.

• Marijuana Business Loan—

  Conventional bank loans are generally unavailable to plant-touching cannabis businesses due to federal prohibition; operators rely on private lending, sale-leaseback, and debt structures from specialized cannabis lenders.

• Marijuana Rescheduling—

  The formal DEA and HHS process of moving marijuana down the Controlled Substances Act schedule; the term "marijuana" is used in the CSA and DEA rulemaking, while "cannabis" is preferred in state law.

• Ogden Memo—

  A 2009 DOJ memorandum directing federal prosecutors not to target individuals acting in compliance with state medical marijuana laws, the predecessor to the Cole Memo.

• RICO and Cannabis—

  Federal civil and criminal RICO (Racketeer Influenced and Corrupt Organizations Act) claims have been asserted against cannabis businesses and their investors, creating litigation risk for operators in legal states.

• SAFE Banking Act—

  Federal legislation passed multiple times by the House that would give banks a safe harbor for providing services to state-licensed cannabis businesses, addressing the industry's lack of access to conventional banking.

• Section 280E—

  IRS code provision that disallows federal tax deductions for businesses trafficking Schedule I or II controlled substances, forcing cannabis operators to pay tax on gross profit.

• USDA Hemp Program—

  The federal regulatory program established by the 2018 Farm Bill under USDA authority that governs commercial hemp production, including licensing, testing, disposal, and state/tribal plan approval.

Attorneys

• Robert Hoban—

  Principal & Managing Attorney, Hoban Law Group

Site Surfaces

• Schedule a Consultation—

  Matter-matched intake form — select buyer type, jurisdiction, and matter area. Our team prepares a briefing before you speak.

• Pulse Briefings — US Federal—

  Latest federal cannabis regulatory intelligence from the Hoban team.

• Insights — Topic Clusters—

  Evergreen topic-cluster hubs binding practice areas, briefings, and attorney analysis.

• Representative Matters—

  Anonymized case studies illustrating Hoban Law Group's experience across licensing, M&A, hemp, 280E, litigation, and international cannabis law.

• llms.txt — AI Crawler Manifest—

  Structured plain-text index of all Hoban content for LLM crawlers (llmstxt.org convention).