Cannabis Law and Regulation

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Baker Donelson attorneys and public policy advisors are well-positioned and well-equipped to advise companies, financial institutions and investors in this burgeoning industry, on a wide range of legal and public policy issues.

Featured Video

D.C.'s Cannabis Employment Protections Amendment Act of 2022: What Employers Need to Know July 21, 2022

Practice Overview

With the increasing demand for legalized cannabis products and the proliferation of states approving state-level marijuana programs, the legal landscape regarding businesses that interact directly and indirectly with cannabis-related transactions is rapidly changing at the federal, state, and municipal level. Baker Donelson attorneys and policy advisors have the experience and knowledge to advise financial institutions and other businesses connected to the cannabis industry on virtually all of its legal and public policy needs.

Some of the areas in which we advise cannabis industry clients are:

Acquisitions, mergers, and sales, including private equity
Business formation and financing
Corporate and capital markets
Corporate growth and expansion strategies
Cultivation, manufacturing, and distribution
Data security
Employment counseling
Financial institutions and banking
Government investigations and enforcement
Health care
International law
Intellectual property
Licensing and registration
Litigation, including class actions
Marketing and advertising
Product labeling
Public policy and government relations
Real estate, land use, zoning, and environmental
Regulatory compliance
Retail sales
Risk assessment
Tax matters and audits

Advised cannabis retailers on point-of-sale issues and concerns, marketing and advertising, online versus brick-and-mortar sales, as well as shipping and delivery, both within the client (e.g., internal distribution networks) and externally with respect to end users/purchasers.
Advised retailers, including national "big box" stores, on entering the legal cannabis market, whether to sell delta-9-tetrahydrocannabinol (THC)-containing products, zero-THC products such as ingestible and topical cannabidiol (CBD), or a combination of both.
Represented a nationally leading CBD company in defending multiple putative class action lawsuits alleging violation of various state consumer protection statutes.
Represented a company seeking a Class 1 or Class 2 low-THC oil production license, which included full cultivation and manufacturing into oil, in the highly regulated state of Georgia.
Advised a cannabis start-up in California on cultivation, manufacturing and distribution.
Advised farmers and agricultural clients on qualifying as a licensed/regulated cannabis grower, processor, or both.
Advised multiple financial institutions on compliance issues related to the handling of funds derived from cannabis-related transactions.

"D.C. Council Approves the Cannabis Employment Protections Amendment Act of 2022" (July 2022)
"Got Pot? Can You Test to Find Out?" (May 2021)
"Cannabis Users Getting Greater Employment Protections in Some States" (March 2021)
"USDA Unveils New Federal Hemp Production Rules" (October 2019)
"Growing Interest in Regulation of Hemp" (September 2019)
"Florida Approves Plan for Hemp Production, Despite FDA Constraints on CBD" (August 2019)
"New Hope in Georgia – The Landscape for the Application/Licensing Process for Cannabis" (July 2019)
"USCIS Clarifies: Immigrants Cannot Establish Good Moral Character if Involved in State Licensed Marijuana-Related Activities" (May 2019)
"DOJ Marijuana Memo Goes Up in Smoke – Should Companies Inhale or Exhale?" (January 2018)
"It's Not Reefer Madness, It's Risk Management: Providing Investment Services to the Marijuana-Related Industry" (July 2017)
"Provider Concerns When Recommending Medical Marijuana," reprint, Law360 (June 2017)
"Arkansas Goes to Bat on Medical Marijuana: Hits Homerun for Employers" (May 2017)
"Weed in the Workplace: What You Need to Know" (October 2016)

"Alabama Medical Cannabis Association's Medical Cannabis Banking & Regulatory Symposium" (June 2023)
"International Cannabis Business Conference" (February 2017)
"Weed in the Workplace 2: Still Smoking (Nashville)" (January 2017)
"Cannabis and Its Medicinal Potential: State of the Research and Policy" (December 2016)
"Weed in the Workplace: If Smoke, Do You Fire? (Atlanta)" (November 2016)
"Weed in the Workplace: If Smoke, Do You Fire? (Memphis)" (October 2016)

D.C.'s Cannabis Employment Protections Amendment Act of 2022: What Employers Need to Know (July 2022)
Weed, Leave, and CBD, Oh My! (October 2021)
Medical Marijuana: More Headache than Cure? (September 2019)
Legalized Marijuana and Hemp: From A to Z and Everything in Between (August 2019)
Weed, Trump, and the Workplace: What You Need to Know (May 2017)

Baker Donelson Continues to Expand Baltimore Team with Addition of Louis Cannon as Shareholder (July 31, 2023)
Baker Donelson Expands Baltimore Team with Addition of Justin E. Tepe as Of Counsel (July 26, 2023)
Corporate Counsel Name Four Baker Donelson Attorneys to BTI Client Service All-Stars 2023 (June 13, 2023)
Baker Donelson Expands Team in DMV Region with Addition of Jordan Savitz as Shareholder (February 16, 2023)
Experienced Regulatory IP Attorney Mark Yacura Joins Baker Donelson (May 31, 2022)
Martha L. Boyd Named Vice Chair of Baker Donelson's Labor & Employment Group (February 14, 2022)
Sara M. Turner Elected as a National Director of DRI (November 10, 2020)

Will Somerville Quoted in AL.com on Negotiations Regarding Alabama Medical Cannabis License Disputes (September 7, 2023)
Justin Tepe Quoted in Baltimore Sun on Launch of Maryland's Recreational Cannabis Market (March 27, 2023)
Law360 Highlights Addition of Corporate Attorney Jordan Savitz (February 17, 2023)
Justin Tepe Comments in Baltimore Sun on Legalization of Adult-Use Recreational Cannabis in Maryland (November 11, 2022)
Justin Tepe Discusses Legal Questions Regarding Maryland's Legalization of Recreational Cannabis in Baltimore Sun (November 9, 2022)
Justin Tepe Quoted in Baltimore Sun on Maryland Voters Approving Legalization of Recreational Cannabis (November 8, 2022)
Justin Tepe Featured in Law.com Higher Law Q&A on Maryland's Marijuana Legalization Measure (September 15, 2022)
Zachary Busey Comments on U.S. Supreme Court's Ruling on California's Private Attorney Generals Act in Sacramento Bee (June 17, 2022)
Regulatory IP Attorney Mark Yacura Discusses His Move to Baker Donelson in Law360 (May 31, 2022)
Justin Tepe Discusses Cannabis Industry Concerns in Baltimore Sun (April 21, 2022)
Justin Tepe Quoted in Baltimore Business Journal on Maryland Cannabis Licensing Issues (February 21, 2022)
Andrea Powers Quoted in SHRM on Long-Term Disability Benefits for COVID-19 Long-Haulers (February 11, 2022)
Zachary Busey Shares Thoughts on Justice Breyer's Employment Law Legacy in SHRM (February 3, 2022)
Zachary Busey Quoted in Corporate Compliance Insights on Supreme Court's Vaccine-or-Test Federal Mandates Ruling (January 14, 2022)
Paula Estrada de Martin Featured Among New Orleans CityBusiness Leadership in Law 2021 Honorees (October 12, 2021)
Martha Boyd and Donna Glover Offer Guidance in SHRM on Employer Vaccine Mandates for Employees Who've Been Infected with COVID-19 (July 28, 2021)
Sara Turner Profiled Among Birmingham Business Journal's 2020 Women to Watch Honorees (December 11, 2020)
Kenneth Abel Comments on Appellate Ruling Regarding Federal Rules of Evidence in ABA Litigation News (July 15, 2020)
Paula Estrada de Martin Featured Among CityBusiness 2019 Women of the Year (November 8, 2019)
Paula Estrada de Martin Featured Among New Orleans Magazine's "Leaders in Law" (November 1, 2019)
Sara Turner Talks with AL.com About Baker Donelson's Generous Parental Leave Policy (October 3, 2019)
Martha Boyd and Jonathan Cole Featured Among Nashville Business Journal's 2019 Best of the Bar Honorees (June 27, 2019)
Paula Estrada de Martin Featured Among Profiles in Diversity Journal's 2018 Women Worth Watching (September 1, 2018)
Martha Boyd Profiled Among Nashville Business Journal's 2018 Best of the Bar (June 29, 2018)
Paula Estrada de Martin Featured in New Orleans CityBusiness's "Ones to Watch" (February 17, 2017)

Key Contacts

Sean B. O'Connell

T: 202.508.3435

Email Professional

Justin E. Tepe

T: 410.862.1142

Email Professional

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Related Practices

Featured Media

Will Somerville Quoted in AL.com on Negotiations Regarding Alabama Medical Cannabis License Disputes

News / September 7, 2023

Baker Donelson Continues to Expand Baltimore Team with Addition of Louis Cannon as Shareholder

Press Release / July 31, 2023

Baker Donelson Expands Baltimore Team with Addition of Justin E. Tepe as Of Counsel

Press Release / July 26, 2023

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Baker Donelson is a national law firm with more than 650 attorneys and public policy advisors representing more than 30 practice areas to serve a wide range of legal needs. Clients receive knowledgeable guidance from experienced, multi-disciplined industry and client service teams, all seamlessly connected across 22 offices in Alabama, Florida, Georgia, Louisiana, Maryland, Mississippi, North Carolina, South Carolina, Tennessee, Texas, Virginia, and Washington, D.C.