Cannabis & Cannabis-Related Businesses
Cross-border Business and Legal Team for Cannabis Companies and Investors
Practitioners in our cross-border Cannabis & Cannabis-Related Businesses Practice have been at the forefront of advising US- and Canada-based companies operating in or impacted by the cannabis business since the inception of the industry. Cannabis comprises both hemp, which is lawful in both Canada and the US, and marijuana, which has been legalized in Canada but remains a controlled substance in the US. Our multidisciplinary and multi-jurisdictional team of professionals can address legal and risk-related issues associated with both hemp and marijuana that may arise during complex transactional, litigation, or regulatory matters.
Disclaimer:
Possessing, using, distributing, and/or selling marijuana or marijuana-based products is illegal under US federal law, regardless of any state law that may decriminalize such activity under certain circumstances. Although federal enforcement policy may at times defer to states’ laws and not enforce conflicting federal laws, interested businesses and individuals should be aware that compliance with state law in no way assures compliance with federal law, and there is a risk that conflicting federal laws may be enforced in the future. No legal advice we give is intended to provide any guidance or assistance in violating federal law.
Chambers Canada
Band 1 Lawyer in Cannabis Law
Financial Post
Team member recognized in the “20 power players putting down roots in the cannabis industry”
The Legal 500 Canada
Individual recognition in Cannabis Law
Best Lawyers Canada
Team member named “Lawyer of the Year” for Cannabis Law, Toronto (2022 and 2024)
Our Approach
Our diverse team includes leading US and Canadian attorneys, as well as state and federal government affairs professionals, with deep knowledge of the regulatory and compliance requirements that govern this complex industry. Clients range from cultivators, manufacturers, and retailers of cannabis-related products and investors/owners of cannabis-related enterprises to employers navigating regulations regarding off-duty marijuana use and innovative product developers seeking to secure governmental approval for cannabis-derived medicinal products.
Corporate
- Domestic and cross-border corporate transactions, including joint ventures, affiliations, mergers, and acquisitions
- Complex commercial arrangements, including licensing, royalty, supply, consulting, and celebrity partnership agreements
- Capital formation activities, including public and private securities offerings and lending transactions
- Public company reporting and filing with the SEC, Canadian Securities Administrators, and other regulatory agencies
- Cross-border and domestic tax structuring
Regulatory
- Banking and anti-money laundering compliance counseling
- Clinical trials and research guidance
- FDA, FTC, and Health Canada regulatory and compliance counseling
Litigation and Restructuring
- Risk assessment and mitigation under federal and state cannabis-related laws
- Commercial litigation and product liability matters
- Patent and trademark litigation
- Restructuring and bankruptcy
- Deceptive advertising and marketing lawsuits
- Defense of employer discrimination or retaliation claims involving cannabis-related fact patterns
Government Affairs
- Our Washington, DC–based government affairs team is uniquely situated to guide industry clients on the changing politics of cannabis legalization and other normalization efforts. The team participates in the Congressional Cannabis Working Group, which includes outside advocates, industry players, and congressional staff, and maintains close relationships with members of the congressional committees of jurisdiction on both sides of the aisle, including Judiciary, Financial Services, Banking, Appropriations, and others.
Other Capabilities
- Real estate and zoning, including water rights, land use, leasing, and landlord/tenant matters
- Intellectual property matters, including patent strategy, trademark protection, and portfolio management
- Employment counseling
- State and federal government relations and advocacy
- Pursuit of state and local dispensary or other forms of business applications, including advocacy at public hearings or other adjudicatory forums
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