Recent efforts to permit and promote the growth of cannabis-based industries have resulted in a complicated federal, state and local regulatory structure. While the passage of the Agriculture Improvement Act of 2018 is likely to lessen the restrictions on production and interstate commerce of hemp based products (including CBD), the interplay between federal and state regulations is complex and new regulations will take time to be implemented. Federal criminal risk and associated legal complications remain significant issues despite legalization of medical marijuana or adult use “recreational” marijuana. In this context, businesses operating and investing in these sectors will have challenging regulatory compliance burdens and face evolving legal risks. Lippes Mathias Wexler Friedman’s Cannabis Practice Team offers clients a broad range of legal and Federal/State lobbying and advocacy services, as well as  expertise to help clients understand and navigate the complex and changing regulatory climate in order to take advantage of new opportunities, and structure and conduct their business in alignment with best practices and within the confines of the various state and regulatory schemes.  

We also offer services to support cannabis industry businesses and investors in Canada whose executives, managers, board members and employees are entering the U.S., which can create challenges based on U.S. federal law.

Our team can provide legal services on the following areas impacted in the growth, cultivation, processing, distribution, marketing, transportation, and sale of cannabis products, including:

  • Advising doctors, physician groups, hospitals and other medical facilities on medical marijuana and other cannabis-related health law issues.
  • Regulatory guidance in regulatory compliance matters including federal compliance (e.g., DEA, FDA, USDA), state regulation and licensing, and civil and criminal investigations.
  • Advisory, and lobbying and advocacy services related to pending federal and state statutes and regulations affecting the cannabis industry.
  • Hemp based products under the Agriculture Improvement Act of 2014 and Agriculture Improvement Act of 2018. 
  • Advising landlords, tenants, buyers and sellers in connection with the leasing, purchase and sale of commercial real estate.
  • Regulatory applications for cannabis-based businesses.
  • Jurisdictional issues applying to the cannabis industry on Indian reservations.
  • Corporate and operational transactions in the cannabis industry including partnership agreements, shareholder agreements, operating agreements, joint venture agreements, supplier, distribution, and reseller agreements.
  • Banking, finance, investment transactions, and compliance.
  • Federal, state and local tax compliance.
  • Intellectual property and trade/service mark protection.
  • Product liability risk and litigation.
  • Immigration, cross-border and import/export restrictions.
headshot of team member Scott V. Carroll
Scott V. Carroll Partner | Team Co-Leader - Health Care 716.853.5100 x1368
headshot of team member Carol E. Heckman
Carol E. Heckman Partner | Team Co-Leader - Indian Law 716.853.5100 x1268
headshot of team member Thomas B. Hughes
Thomas B. Hughes Senior Associate 716.853.5100 x1325
headshot of team member Elizabeth M. Klarin
Elizabeth M. Klarin Partner 716.853.5100 x1288
headshot of team member Christian M. Lovelace
Christian M. Lovelace Partner | Team Leader - Franchising & Licensing; Co-Leader - Asset Receivable Management & Consumer Financial Services 716.853.5100 x1222
headshot of team member Benjamin F. Macaluso
Benjamin F. Macaluso Associate 716.853.5100 x1322
headshot of team member Michael G. Rossetti
Michael G. Rossetti Office Partner-in-Charge, Washington, D.C. | Team Co-Leader - Indian Law 202.888.7610 x1601
headshot of team member Richard M. Scherer, Jr.
Richard M. Scherer, Jr. Partner | Team Leader - Business & Commercial Litigation 716.218.7598 x1355
headshot of team member Ryan V.  Stearns
Ryan V. Stearns Senior Associate 716.853.5100 x1364
headshot of team member David J.  Yovanoff
David J. Yovanoff Associate 716.853.5100 x1394