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Hemp Legally Speaking Podcast and Blog

Hemp Legally Speaking is a podcast and blog focusing on all the interrelated areas of the hemp-derived CBD business, from cultivation and production to warehousing, transportation, marketing and retail. While compliance remains the principal focus of the blog, our contributors also provide insights on entity formation, product liability, and trademark and patent protections for hemp-related IP, as well as other issues unique to the industrial hemp and CBD marketplaces.

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Recent Posts

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Ohio Cannabis Legalization: Understanding the Basics, Business, and Legal Implications

March 14, 2024 | Blogs

*Note: Stakeholder feedback on the proposed rules requested by March 20, 2024 Last November, Ohio vo...

Retail Store Building Exteriors at Night
Oklahoma Law Creates Additional Burden to Purchasing Property in the State

December 12, 2023 | Blogs

In response to concerns surrounding foreign ownership of property following the legalization of medi...

Red pen editing a manuscript
Texas Medical Marijuana Program Rules Open for Public Comment

April 20, 2022 | Blogs

The rules governing the Texas Compassionate Use Program (TCUP) are currently under review, and publi...

A close-up view of cannabis leaves with the sun setting behind them and clouds in the sky.
In a League of Its Own: The Business of Cannabis & Sports | Webinar

March 9, 2022 | Blogs

This webinar explores the many connections between the world of sports and legal cannabis. Stream th...

Medical Marijuana
Medical Marijuana and Federal Prosecutions – A New Take on Protections for State Licensees

February 25, 2022 | Blogs

In late January, the U.S. Court of Appeals for the First Circuit issued its opinion in United States...

hemp CBD legal
Take Heed: FDA & CDC Release Health Alerts About Delta-8 THC

September 23, 2021 | Blogs

The FDA and CDC each issued warning notices to the public regarding Delta-8 THC products on Septembe...

Text "HEMP LEGALLY SPEAKING with Jonathan Miller" is overlaid on an image of hemp leaves.
Frost Brown Todd Launches Hemp Podcast

September 16, 2021 | Blogs

“Hemp Legally Speaking” hosted by D.C. Member-in-Charge Jonathan Miller The leader of Frost Brow...

A dropper bottle is placed in front of a cannabis leaf, with more bottles in the background.
Webinar: CBD – Future Regulatory Pathways in the U.S.

June 24, 2021 | Blogs

While the FDA continues to delay action regarding regulation of CBD consumable products, lawmakers c...

Cannabis leaves and buds are spread over several U.S. hundred dollar bills.
Webinar: Key Banking and Credit Card Processing Issues All Hemp Businesses Must Get Right

April 6, 2021 | Blogs

Hemp and CBD businesses continue to face challenges with banking, credit card processing and other f...

Medical Cannabis Plant in a Puzzle
Webinar: Hemp/CBD Law 101

January 21, 2021 | Blogs

This webinar provides a primer on the ever-evolving state and federal laws and regulations concernin...

Hemp and CBD products
Webinar: Are You Protecting Your Hemp and CBD-Related IP?

July 30, 2020 | Blogs

Given the lifted prohibition on hemp and CBD under the 2018 Farm Bill, there is currently a gold rus...

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Continued Hurdles for Trademarks in the CBD Industry

July 1, 2020 | Blogs

The U.S. Trademark Trial and Appeal Board (TTAB) just issued a precedential decision that will conti...

Medical Cannabis Plant in a Puzzle
Hemp and CBD Class Actions

June 4, 2020 | Blogs

Early this year, plaintiffs’ lawyers filed seven nationwide class actions in California federal co...

hemp CBD legal
Frost Brown Todd Earns Dismissal in Hemp Lawsuit

May 26, 2020 | Blogs

Colorado-based Elixinol cleared of manufacturing misleading products A team of Frost Brown Todd (FBT...

Hemp rope
Hemp Farmers and the CARES Act

April 3, 2020 | Blogs

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), a sweeping third-wave relief pac...

A close-up view of cannabis leaves with the sun setting behind them and clouds in the sky.
Webinar: Hemp FDA Regulatory Update

March 5, 2020 | Blogs

Overview  Over the past year, hemp products have been springing up everywhere, both online and in r...

Medical Cannabis Plant in a Puzzle
Hemp-chising – Why Hemp Companies Should Consider Franchising?

February 20, 2020 | Blogs

Franchising is not an industry. It is a distribution model that can be utilized within any industry ...

Hemp money
Webinar: Banking America’s Hemp Businesses

December 11, 2019 | Blogs

Overview  The new industrial hemp industry presents financial institutions with exciting business o...

hemp CBD legal
Is a regulatory “pathway” to the marketing of CBD food and supplement products farther away than...

December 10, 2019 | Blogs

The Food and Drug Administration (“FDA”) has just issued a batch of new warning letters and a co...

Hemp and CBD products
Which Hemp and CBD Trademarks Can be Registered?

December 5, 2019 | Blogs

Wave of Trademark Applications Filed for CBD-Related Products On May 2, 2019, the U.S. Patent and Tr...

Hemp field at sunset
How Do I Grow Hemp in Ohio?

December 4, 2019 | Blogs

Soil. Seeds. Sunlight. A license – AND A LOT OF HARD WORK. With the explosion of the hemp-derived ...

Business Marijuana Hemp Leaves Cannabis Stock Exchange Market
Bank Regulators Get into the Weeds About Industrial Hemp

December 4, 2019 | Blogs

Four key federal banking regulatory agencies, joined by the Conference of State Bank Supervisors, is...

Rows of hemp growing on a farm
The latest hemp laws state-by-state: October 2019

November 19, 2019 | Blogs

The U.S. Department of Agriculture (USDA) released its interim final rule for the U.S. Domestic Hemp...

Hemp and CBD oil
Webinar: Hemp, CBD and Federal Regulation

November 18, 2019 | Blogs

Overview  The USDA recently issued its Interim Final Rule on U.S. hemp production.  The FDA contin...

A close-up view of cannabis leaves with the sun setting behind them and clouds in the sky.
Are CBD Products Really Legal?

November 5, 2019 | Blogs

Over the past year, hemp products have been springing up everywhere, both online and in retail outle...

Hemp farmer in a field
Hemp Production Regulation in Final Stages

October 31, 2019 | Blogs

On October 29, 2019, the U.S. Department of Agriculture (USDA) released a draft version of the inter...

Rows of hemp growing on a farm
The latest hemp laws state-by-state: September 2019

October 21, 2019 | Blogs

In September, three states authorized the retail sale of hemp-derived CBD, one state Board of Pharma...

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You Down with CBD? Yea You Know Me – States Look to Incentivize and Tax Growing Hemp Industry

October 2, 2019 | Blogs

Planting the Seed – How the Hemp Industry Began to Bloom Few products have ever taken the market b...

Rows of hemp growing on a farm
The latest hemp laws state-by-state: August 2019

September 11, 2019 | Blogs

The hemp industry took a step forward as one state expanded its hemp program and one non-hemp progra...

Rows of hemp growing on a farm
The latest hemp laws state-by-state: July 2019

August 9, 2019 | Blogs

One state established a hemp growth program, one governor vetoed legislation expanding his state’s...

A network of metal gears is inscribed with the words "RULES," "REGULATIONS," "STANDARDS," "POLICIES," and "COMPLIANCE."
Ohio, Let’s Talk About C-B-D, Let’s Talk About Hemp Baby

July 31, 2019 | Blogs

It’s official — with Governor DeWine’s signature, Senate Bill 57 legalized hemp-derived produc...

Cannabis Marijuana Oil Extracts In Jars And Leaves For Treatment.
Obtaining Federal Trademark Protection for Hemp and CBD Products

July 23, 2019 | Blogs

Background While marijuana remains illegal at the federal level, decriminalization of marijuana in o...

Rows of hemp growing on a farm
The latest hemp laws state-by-state: May 2019

June 12, 2019 | Blogs

Hemp growth programs took root in four different states, expanded in two states, and legislation awa...

hemp CBD legal
Hemp and CBD Sales Bill Cultivated in Ohio

March 29, 2019 | Blogs

Hemp is not marijuana – let us start there. This is a critical distinction the Ohio legislature ha...

hemp CBD legal
Frost Brown Todd Attorneys Earn Dismissal in Groundbreaking Hemp Lawsuit

March 11, 2019 | Blogs

The United States District Court for The Southern District of West Virginia dismissed the case again...

Marijuana Field During Sunset
Now is the Time to Plan IP Strategies for Industrial Hemp

February 22, 2019 | Blogs

The use case for industrial hemp – defined under federal law as cannabis plants or plant parts con...

Hemp plant in the sunlight
The Era of Hemp Prohibition is Over

December 20, 2018 | Blogs

With the signing of the 2018 Farm Bill, hemp is now fully and permanently removed from drug control ...

Hemp Industry Team

Breaking new ground in the hemp field.

After leading federal and state lobbying efforts to legalize the crop, and founding and serving as General Counsel to the U.S Hemp Roundtable — the industry’s leading national business advocacy organization — we’ve emerged as the leading national full-service law firm representing the industry. Not only have our attorneys been there since the beginning of the hemp resurgence and the birth of CBD, but we’ve done so in a geographical footprint overlapping with what many industry professionals see as the epicenter for hemp seed and crop production.

We currently represent more than five dozen hemp-related companies, and many more traditional companies that have entered the CBD space. These clients range in size from large to small companies, spanning every element of the industry, from seed to farming, to processing and final products. Our services involve a variety of subject matters including FDA counsel, litigation, banking, corporate formation, regulation and intellectual property. We have the substantive legal knowledge, backed by relevant industry experience, to offer the right advice and solutions for your needs.

Hemp Services


Since the initial authorization of hemp production in 2014, we have helped clients structure their new hemp-related businesses; negotiated and prepared growing, processing and distribution agreements on behalf of growers, processors and others in the hemp industry; advised both companies and investors in connection with investments in hemp-related businesses; documented loan transactions using hemp as collateral; and advised buyers looking to acquire hemp-related businesses.

Product Labeling, Marketing & Advertising

We assist hemp product companies in the both the routine review of their marketing collateral, both written and digital, and advise clients on the design and development of product packaging and labeling. We bring deep subject-matter knowledge to claims review, helping ensure that our clients’ hemp and CBD products comply with applicable laws and regulations. We understand that in a very public and highly competitive industry, companies must walk a fine line between what’s cutting-edge and what crosses the line with respect to conflicting state, federal and local rules. We invest time to understand the level of risk our clients are comfortable taking and work with them to ensure that their messaging stays well within legal boundaries.

Intellectual Property

We recognize that the intellectual property assets of hemp companies can be as valuable as their tangible assets. Recent changes in policy at the U.S. Patent and Trademark Office have opened the door for the federal registration of hemp-related trademarks.  This enhancement of trademark rights facilitates the expansion of hemp-related businesses across the United States and allows for nationwide enforcement of trademarks for those in the hemp industry. We have many IP attorneys who are registered patent practitioners experienced in the business and legal aspects of hemp-related IP counseling, licensing, litigation and portfolio management services. We help clients enforce their IP rights and develop creative strategies for maximizing the return on their IP investments.


The expansion and maturation of the hemp industry is ushering in increasing litigation and enforcement action. Because of the nascency of federal and state hemp laws, many of these new cases involve complex legal arguments and matters of first impression, where clients can draw on our experience in establishing the statutory and regulatory framework. We represent clients involved in legal proceedings at all levels of the hemp supply chain, from seed to sale. Our representative experience includes the following:

  • Developing arguments in support of federal preemption of state hemp prohibitions and product limitations.
  • Defending hemp product distributors and retailers against criminal trafficking and wrongful possession charges.
  • Representing hemp clients in front of administrative agencies, including Departments of Agriculture.
  • Prosecuting and defending hemp-related breach of contract and fraud lawsuits in federal and state court.
  • Crafting hemp supply and processing agreements, warranties, and disclaimers in anticipation of litigation.

Key Contacts

Jonathan S. Miller Profile Image
Jonathan S. Miller

Office Partner-in-Charge

Washington, D.C.

Lexington, KY

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Samantha M. Quimby


Columbus, OH

Washington, D.C.

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Nolan M. Jackson


Washington, D.C.

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Jason M. Halligan


Lexington, KY

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Karlyn A. Schnapp, Ph.D.


Cincinnati, OH

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