Practice Group / Cannabis
Our Cannabis law group is comprised of experienced attorneys with the knowledge to assist clients navigate increasingly complex federal, state and local compliance issues associated with cannabis.
Businesses with cannabis-related policy issues
Cannabis entrepreneurs and growers
Areas of strength / serving your needs
As drug laws change from state to state and on a national level, we remain ready to adapt and assist your business across all aspects of cannabis law.
LABOR AND EMPLOYMENT
- Drug-free workplace compliance
- Updating handbook policies
- Advising clients on drug testing
- Guidance on medical marijuana accommodations
HEALTHCARE/REGULATORY
- Navigating state agency and local permitting licensure
- Post-licensing compliance
- Evaluating cannabis treatment plans and alternatives
CORPORATE
- Assisting clients with business formation, management agreements, contract drafting/negotiation and related tax matters
- Providing clients guidance on joint ventures, mergers and acquisitions
REAL ESTATE
- Assisting clients with business formation, management agreements, contract drafting/negotiation and related tax matters
ENVIRONMENTAL
- Helping clients comply with environmental regulations
- Providing guidance on OSHA safety issues
INTELLECTUAL PROPERTY
- Assisting with patent applications and prosecution
- Trademark selection, registration, and infringement
- Provide copyright counsel and services
- Licensing
LITIGATION
- Pre-litigation advice and guidance
- Defending employment disputes related to workplace policies and procedures
- Court challenges to state and local licensing decisions
- Defense of enforcement and environmental actions
- Patent litigation
- Appellate counsel
Contact us today to discuss your specific needs
Frequently Asked Questions
What legal issues should cannabis businesses consider when starting or expanding?
Cannabis businesses face a range of legal issues beyond obtaining a license. Business owners and investors need to analyze the following: entity structure, ownership and management agreements, tax (state and federal), financing, vendor contracts, real estate (acquisition or leasing), employment policies, intellectual property, environmental requirements, and state and local regulatory compliance. Because cannabis laws vary by state and continue to evolve at both the state and federal levels, businesses should address these issues early and revisit their legal and compliance strategies regularly as their operations grow.
What licenses and permits does a cannabis business need?
Cannabis businesses will likely need both state and local licenses, permits, and approvals depending on the nature and location of their operations. The requirements can vary significantly from one state, one town, or one city to another and should be taken as fluid continue to change as cannabis laws and regulations develop. Legal counsel can help businesses understand applicable licensing requirements, navigate the application process, and maintain compliance after licensing.
Can cannabis businesses have drug-free workplace and drug-testing policies?
Yes, but cannabis businesses and other employers need to carefully consider applicable state and federal laws when developing workplace policies involving cannabis, drug testing, and medical marijuana. Employers may need to update employee handbooks, drug-free workplace policies, and testing procedures and understand when accommodations may be required for medical marijuana use.
What legal issues arise when buying, selling, or investing in a cannabis business?
Cannabis mergers, acquisitions, private investments, and other transactions involve unique regulatory and business considerations. In addition to the usual corporate and financial due diligence, parties may need to evaluate cannabis licenses, regulatory compliance, ownership restrictions, contracts, real estate, intellectual property, tax considerations, and potential enforcement risks.
What should a cannabis business do if it faces a regulatory or licensing dispute?
A cannabis business facing a licensing challenge, regulatory investigation, enforcement action, or other dispute should seek legal advice early. Counsel can help assess the business's options, address potential compliance issues, negotiate with regulators, and, when necessary, pursue or defend court challenges involving state or local licensing decisions.
Practice Chair
James P. Reidy
“Cannabis is a rapidly evolving area of law. Our team of experienced lawyers regularly research and write about industry developments, challenges and best practices as we remain committed to providing optimal legal advice and solutions to our clients.”
