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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.

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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.

  • Represented a west coast cannabis cultivator in acquiring a cultivator's license in Washington, D.C. and provided assistance with writing the application, as well as managing all corporate formation and structuring to comply with D.C. regulations.

  • Wrote a winning courier license application for a national logistics and delivery operator in the first round of courier applications in Washington, D.C.

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