Coates, Battle & Tyree | Attorneys At Law
Schedule Your Consultation: 804-729-5537
Coates, Battle & Tyree | Attorneys At Law
Call: 804-729-5537
Five Decades Of Legal Excellence

Business Law Attorneys Offering Strategic Legal Guidance On Cannabis Regulation

With the recent changes in Virginia Law concerning the use and sale of cannabis products, Coates, Battle & Tyree is here to guide you through the legalization process.

Our lawyers can assist you with:

  • Starting your cannabis business, branding and website
  • Criminal background reviews and expungements
  • Answering employment questions
  • Preparing your business for licensing
  • Advice on new developments in cannabis legislation

The Path To A Legal Retail Cannabis Market

While personal possession is legal, the framework for retail sales has faced legislative delays, leaving many entrepreneurs in a state of limbo.

At Coates, Battle & Tyree, we guide business owners through this volatile landscape. Whether you are an investor preparing for the future retail market, a hemp/CBD retailer facing aggressive new enforcement or a legacy operator looking to transition into the legal sphere, we provide the regulatory clarity and zealous defense you need.

Our attorneys can also help with these related business services:

Frequently Asked Questions: Cannabis And Hemp Regulation

Cannabis law is still new and constantly evolving. Below, we answer the most common questions we get.

Where can I stay up to date on changes to the law?

Virginia’s cannabis laws are shifting rapidly. The Virginia Cannabis Control Authority (CCA) is the primary regulatory body, but the General Assembly frequently debates bills that alter timelines and licensing criteria.

Our advice: Do not rely on rumors or headlines. If you are serious about entering this market, you need a legal partner who monitors the General Assembly daily.
Stay informed: We recommend bookmarking the Virginia Cannabis Control Authority website for official announcements. However, for interpretation of how these changes affect your specific business model, contact our office for a consultation.

How do federal laws affect my Virginia cannabis business?

This is the biggest risk factor for any cannabis entrepreneur. Because cannabis remains a Schedule I drug under federal law, standard business operations are severely restricted:

  • Banking: Most federally insured banks will not touch cannabis money, forcing businesses to operate in cash, which creates security risks.
  • Taxation: Under IRC Section 280E, cannabis businesses are prohibited from deducting ordinary business expenses (like rent and payroll) from their federal taxes, significantly increasing their tax burden.
  • Trademarks: You cannot get federal trademark protection for a cannabis brand. We can help you explore state-level protections and creative branding strategies to safeguard your intellectual property.

The Intersection Of Criminal History And Business Eligibility

Virginia’s proposed licensing framework places a heavy emphasis on “social equity,” which often includes provisions for individuals who have been disproportionately impacted by past marijuana policing.

Ironically, while a past conviction might make you eligible for social equity status, an unresolved legal issue could disqualify you.

  • Expungements: If you have past charges, we can help determine if they are eligible for automatic sealing or if we need to file a petition for expungement to clear your record before you apply for a business license.
  • Background checks: All “significant owners” will likely undergo rigorous background checks. We review your history before the state does to identify potential red flags.

Defending Your Business: Violations And Enforcement

State agencies are currently cracking down on “gifting” shops and hemp retailers selling noncompliant products (e.g., exceeding THC limits or lacking child-resistant packaging).

Can Coates, Battle & Tyree help with enforcement actions? Yes. We defend businesses against both criminal charges and administrative fines.

Why choose us?

  • Criminal defense backbone: Unlike “corporate-only” firms, we have a deep bench of criminal defense attorneys (led by Tom Coates and John Moore). If your business is raided or you are charged with distribution, we know how to challenge the search warrant, the seizure of assets, and the evidence against you.
  • Regulatory appeals: If the state attempts to revoke your hemp license or issues a massive fine, we can represent you in administrative hearings to fight for your livelihood.

In such a highly-regulated industry, it is important to keep up with the latest legislative developments. Don’t operate in the dark. Contact Coates, Battle & Tyree today to ensure your business is built on a solid legal foundation.

For answers to your questions, call 804-729-5537 or send us an email.