Cannabis

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 services and 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 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. 
  • 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.