Cannabis

 

• Cannabis is classified as a Schedule I substance under the Controlled Substances Act (CSA), and thus distribution, production or use of cannabis in any form is a Federal offense.

 

• Familiarity with state laws regulating cannabis (which is still illegal at the Federal level) for medical and recreational purposes, such as California, Colorado, Delaware, the District of Columbia, Florida, Illinois, Maryland, Massachusetts, Nevada, New Jersey, New York, Ohio, Pennsylvania and Washington.

 

• Consultation for cannabis growers, distributors, processors and investors regarding issues such as advertising, branding, commercial transactions, compliance, corporate governance, cross-border (Canada and Mexico) transactions, dispositions, distribution, edibles, employment and labor law, export, financing, franchising, import, infused products, intellectual property (IP), international transactions, licensing and registration, litigation, logistics, mergers and acquisitions (M&A), privacy, real estate, regulatory, retail, supply chain, taxes, transportation.

 

• Working knowledge of and compliance with the applicable laws in United States (US) jurisdictions in which cannabis is fully-legal for all uses.

 

• Working knowledge of and compliance with the applicable laws in US jurisdictions in which cannabis is legal for very restricted uses only.

 

• Working knowledge of and compliance with the applicable laws in US jurisdictions in which cannabis is legal for medical uses only.

 

• Working knowledge of and compliance with the applicable laws in US jurisdictions in which some cannabis laws have been decriminalized, but cannabis may be illegal for some uses.

 

• Working knowledge of and compliance with the applicable laws in US jurisdictions in which cannabis is fully-illegal for all uses.

 

• Working knowledge of the differing legal treatments for hemp (as an agricultural crop) and marijuana (as a horticultural crop).

 

• Representation for cultivators (hemp, medical marijuana, state-licensed adult-use marijuana), dispensaries, distributors, extractors, edibles producers, growers, infusers, investors, manufacturers, processors.

 

• Familiarity with the basic stages of a cannabis business, such as formation, application, licensure, operation and eventual exit.

 

• Familiarity with the legal issues regarding the various forms of cannabis products, such as alternative cannabis products, cannabutter, concentrates, edibles, flower, infusions, medicinal, oils, vapes.

 

• Familiarity with various components and chemicals related to cannabis production, such as cannabidiol (CBD), cannabidiolic acid () cannabigerol (CBG), cannabinol (CBN), tetrahydrocannabinol (THC), tetrahydrocannabinolic acid (THCA).

 

• Types of cannabis with more CBD are more commonly used to treat medical conditions, whereas the types of cannabis with more THC are typically used to relax and for their psychoactive effects, and so are used mostly for recreational purposes.

 

• Familiarity with the various conditions and diseases eligible for treatment with medicinal cannabis in various United States jurisdictions.

 

• Legal support for all cannabis business issues, such as advertising, banking limitations, capital investments, changing laws, collaboration, collections, communications, compliance, connected products – such as the internet of things (IoT) and “smart” devices – consumer data protection and security, corporate formation, criminal allegations, cross-border issues, customer relationship management, data privacy and security, disposal, distribution, drug-free workplace, ecommerce, emerging businesses, employee safety, employment issues, environmental, external audits, Federal treatment (illegal) as opposed to state treatment (illegal in some states, legal in others for particular uses), financing, Food and Drug Administration (FDA) investigations, growth-stage businesses, internal audits, international issues, investment issues, joint ventures, labor issues, lending limitations, licensing, litigation, manufacturing, marketing, mergers and acquisitions (M&A), money laundering, patent and trademark, partnerships, privacy, private equity, public relations, recalls, regulatory, sales, social media marketing (such as the use of “influencers”), software application development, startups, strategic alliances, supply chain, technology, transportation, venture capital, website data privacy, zoning.

 

• Recommendation to potential participants in the cannabis business to use of the California Medical Marijuana Regulation and Safety Act (MMRSA) as a model to create vertical integration by cannabis companies (controlling and owning all the various seed-to-sale functions in the supply chain) as opposed to a standalone cannabis business (controlling and owning perhaps only one or two of the functions, such as only a distributorship, or a testing laboratory).

 

• Drafting and implementation of Standard Operating Procedures (SOPs) and operating manuals for the cannabis business.

 

• Provided training to employees and management relating to the legal aspects of cultivation facilities and dispensaries.

 

• Provided strategies for proposed corporate transactions involving cannabis-related products.

 

• Reviewed proposed advertising, content, marketing, packaging, product claims, promotions and sponsorship documentation.

 

• Implemented legal operations and legal spend management software platforms to improve daily workflow, reduce spend and streamline routine legal tasks.

 

• Collaborated with and supported the internal legal department.

 

• Authored and implemented corporate policies, protocols and procedures for all aspects of the cannabis business.

 

• Assisted in the strategic planning for the development of new products.

 

• Continually updated the privacy policies and terms of use to accommodate new consumer protection laws, products, domestic and international regulations.

 

• Consultation for banking, financing and franchising opportunities relating to cannabis.

 

• Consultation for distressed cannabis business, lacking Federal bankruptcy protection because cannabis distribution is illegal under Federal law.

 

• Consultation for environmental issues related to cannabis production.

 

• Consultation regarding cross-border transactions with Canadian cannabis businesses and international transactions with Israeli cannabis research businesses.

 

• Consultation regarding state-by-state tax treatment for cannabis-related businesses.

 

• Management of city, district, state and Federal tax subject matter experts (SMEs) for advice and analysis of cannabis-related tax issues, such as city, district, state and Federal taxes, franchise taxes, specialized marijuana taxes, Internal Revenue Code (IRC) Section 280E (forbidding businesses from deducting otherwise ordinary business expenses from any gross income associated with the trafficking of Schedule I substances, as defined by the Controlled Substances Act, such as cannabis).

 

• Familiarity with the Veterans Administration (VA) guidelines regarding the use of smoked marijuana for treating post-traumatic stress disorder (PTSD).

 

• Legal support for investigating the source of cannabis products, to verify that they are fully-derived from hemp and not from marijuana, and so they do not contain prohibited levels of THC.

 

• Analyzed risks associated with transporting hemp-derived cannabis products interstate (avoiding any routes through US jurisdictions where cannabis is fully-illegal for any use) and internationally.

 

• Consultation for best practices for the distribution, labeling and manufacturing of cannabis products.

 

• Responded to law enforcement legal complaints and seizures of cannabis products.

 

• Provided updates to management and relevant personnel regarding any legal implications of changes in applicable regulations, rules and statutes.

 

• Consultation for businesses similar to cannabis production, such as emerging medicines derived from legal medical cannabis (such as ketamine, and psilocybin), as well as other cannabis products, such as beverages, CBD oils, edibles, entheogenic plants (such as certain mushrooms used for some religious purposes, containing any psychoactive substance that induces alterations in behavior, cognition, consciousness, mood or perception), hemp-derived products, lifestyle supplements, nutritional supplements, organic farming products, performance enhancements, topical applications (such as creams or ointments).

 

• Consultation for businesses ancillary to cannabis production, such as brand licensing, fashion, fitness, health and wellness technology (including mobile applications and IoT smart devices), pet products, wellness certification programs, wellness retail, wellness tourism, yoga.

 

• Consultation for legal issues related to exporting and importing cannabis products out from and into the US and other jurisdictions.

 

• Performed legal research on cannabis-related cannabis research, cultivation, processing and distribution.

 

• Participated in ongoing education and professional development opportunities, such as continuing legal education (CLE) courses, industry events and live seminars.

 

    Last updated 200817_1204