Cannabis

Stakeholders navigating the challenges of doing business in this highly regulated and rapidly evolving industry rely on our well-resourced team for innovative and forward-thinking solutions.

From new entrants to established entities, our team helps clients throughout their business cycle enter or expand into the cannabis space. Our clients include companies that cultivate, process, distribute, and sell cannabis, as well as investors, financial institutions, real estate developers, and retailers.

Our clients’ matters take us to the forefront of the industry’s legal developments — whether related to product development, the regulatory landscape, significant deals, or financial compliance. The team’s experience in cannabis and other highly regulated industries, such as tobacco and banking, helps us to effectively handle the industry’s unique complexities.

We combine the resources in areas such as corporate and transactional, regulatory law, intellectual property, and real estate, among others, to provide comprehensive services, including:

• Banking compliance: compliance with federal laws and regulations such as Bank Secrecy Act/Anti-Money Laundering Law (BSA/AML) and Foreign Corrupt Practices Act (FCPA).

• Corporate and transactions: entity formation, corporate governance, capital raises, public and private securities offerings, licensing and partnership development agreements, venture capital and private equity, mergers and acquisitions, real estate transactions, and tax issues.

• Dispute resolution: white collar and criminal defense, intellectual property litigation, advertising claims, and product safety.

• Financing: structuring, negotiating, and documenting complex financial transactions and post-closing issues.

• Labor and employment: employment, equity incentive, non-compete, and labor union agreements. Our team is also equipped to review employer cannabis-use policies in accordance with federal and state laws.

• Licensing: licensing for state-legal cannabis businesses, from new applications to renewals and changes of ownership. Our team offers deep experience in merit-based applications for emerging jurisdictions, preparing comprehensive proposals that help pave the way for successful licensure.

• Real estate: zoning and environmental due diligence, leasing, construction regulations, land use permitting, sales, and acquisitions.

• Receiverships: representing receivers in state cannabis markets in the U.S., including Colorado, who assist struggling cannabis businesses with the opportunity to stabilize, restructure, or liquidate. We assist receivers with maximizing value for all stakeholders.

• Regulatory compliance: solutions for state-by-state compliance, from daily matters to strategic guidance and representation in state attorneys general actions, investigations, and litigation. We bring a wealth of experience advocating for cannabis businesses before authorities and administrative bodies at both the state and local levels, helping our clients protect their rights while remaining compliant.

We also assist clients with investigations, state and federal enforcement actions, and matters involving various agencies, including the DEA and the DOJ.

Our practice is limited to states that permit cannabis operations and that allow attorneys to advise on matters related to cannabis.