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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.

Featured Videos

Medical Marijuana: More Headache than Cure? September 12, 2019
Legalized Marijuana and Hemp: From A to Z and Everything in Between August 6, 2019

Practice Overview

With the increasing demand for legalized cannabis products and the proliferation of states approving state-level marijuana programs, the legal landscape regarding cannabis is rapidly changing at the federal, state and municipal level. Baker Donelson attorneys and policy advisors have the experience and knowledge to advise 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 and sales, including private equity
  • Business formation
  • 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
  • Tax matters and audits
  • Advised cannabis retailers on point-of-sell 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 THC-containing products, zero-THC products, such as ingestible and topical 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 private equity firm in the sale and acquisition of multiple dietary supplement/CPG brands, including several that offer CBD and related cannabis products.

  • Advised farmers and agricultural clients on qualifying as a licensed/regulated cannabis grower, processor, or both.

  • Represented multiple multi-national consumer products companies on issues related to label claims risk assessment and product formulation issues, including counseling on issues related to use of structure function claims, disease claims, nutrient content claims, natural claims, gluten-free claims, and other regulated labeling and advertising content.

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