The cannabis industry is rapidly evolving, presenting businesses and individuals with a complex web of legal and regulatory challenges. Navigating this landscape requires the guidance of experienced legal counsel. For over a decade, Duane Morris has stood at the forefront, providing comprehensive legal services as a leading Cannabis Lawyer team, helping clients succeed in this dynamic sector.
Duane Morris is nationally recognized as a leader in cannabis law, consistently earning top rankings from prestigious organizations like Chambers and Partners, and The Legal 500. Law360 has also repeatedly honored Duane Morris as a “Cannabis Group of the Year,” underscoring the firm’s deep commitment and expertise in this area. This recognition reflects our firm’s pioneering role as one of the first AmLaw 100 firms to serve the cannabis industry and our continued leadership today.
We represent a diverse clientele across all tiers of the cannabis supply chain. From state-licensed adult-use and medical marijuana cultivators, processors, distributors, and dispensaries to hemp businesses and investors, Duane Morris provides tailored legal strategies. We also counsel vendors who supply critical products and services to the cannabis industry, including technology providers, advertising agencies, security firms, and more. Our experience extends to advising traditional businesses outside the cannabis space—such as consumer goods companies, real estate developers, and financial institutions—seeking to understand the regulatory and business implications of entering this burgeoning market.
Duane Morris cannabis lawyers possess in-depth, practical experience, advising clients across the United States, Canada, and internationally. We provide crucial guidance on the intricate federal, state, and local regulations governing cannabis operations and investments. Our expertise includes navigating the complexities of the Controlled Substances Act (CSA), the 2018 Farm Bill, the Bank Secrecy Act, and anti-money laundering (AML) statutes. We are adept at interpreting and applying regulations and guidance from agencies such as the DEA, USDA, and FDA, as well as state-specific cannabis and hemp laws.
Our comprehensive legal services cover a full spectrum of needs for cannabis businesses:
Regulatory Compliance and Licensing
Navigating the regulatory maze is paramount in the cannabis industry. Duane Morris assists clients with securing licenses to cultivate, process, and dispense adult-use marijuana, medical marijuana, and hemp. We provide thorough risk assessments, helping businesses and individuals understand their obligations and potential liabilities under federal and state cannabis laws. Our team also handles all administrative matters related to licensure, ensuring smooth and compliant operations.
Cannabis Litigation and Dispute Resolution
Disputes are inevitable in any industry, and cannabis is no exception. Duane Morris represents clients in a wide array of civil litigation matters, including RICO actions, contract disputes, fraud claims, and partnership disagreements. We also handle product liability cases, intellectual property disputes such as trademark and patent infringement, and employment-related claims. Furthermore, we defend clients in challenges to state licensure programs, protecting their business interests.
Corporate and Business Law for Cannabis Companies
Structuring your cannabis business for success requires specialized corporate legal expertise. Duane Morris advises on corporate formation and structure, addressing the unique challenges arising from conflicting state and federal laws. We guide public and private cannabis companies through capital formation activities, including public and private securities offerings and lending transactions. Our team also excels in mergers and acquisitions, joint ventures, and drafting partnership and operating agreements. We facilitate both domestic and cross-border transactions, ensuring compliance and maximizing value.
Taxation Strategies for the Cannabis Industry
Taxation in the cannabis industry is uniquely complex due to federal restrictions. Duane Morris provides federal and state tax planning and advice, particularly concerning IRS Section 280E, which significantly impacts cannabis businesses. We develop strategies to optimize tax efficiency and ensure compliance for cannabis companies at every stage of development.
Real Estate and Construction in the Cannabis Sector
Real estate and construction are critical components of cannabis operations. Duane Morris advises on zoning regulations, water rights, and land use issues specific to cannabis facilities. We handle leasing and landlord-tenant matters, and guide clients through the complexities of civil forfeiture risks associated with cannabis real estate.
Intellectual Property Protection for Cannabis Brands
In a competitive market, protecting your brand and innovations is crucial. Duane Morris assists cannabis companies with securing trademarks and patents, developing licensing agreements, and crafting effective marketing and branding strategies. We vigorously enforce intellectual property rights and defend against infringement claims.
Health Law Considerations in Cannabis and Research
The intersection of cannabis and health law is increasingly important, particularly for research institutions and healthcare providers. Duane Morris advises university research centers on cannabis-related research and licensing, and assists hospitals with compliance issues related to cannabis and cannabinoid products.
Labor and Employment Law in the Cannabis Workplace
Managing employees in the cannabis industry requires specialized labor and employment law expertise. Duane Morris provides workplace training, drafts and enforces non-compete and trade secret agreements, and develops executive employment and severance packages. We also navigate compliance with the National Labor Relations Act (NLRA) in the cannabis context.
In addition to these core areas, Duane Morris also provides counsel on bankruptcy matters, information technology and management software, public and community relations, and environmental considerations relevant to the cannabis industry.
Duane Morris’s deep commitment to the cannabis industry is further demonstrated through our strategic partnership with the American Trade Association of Cannabis and Hemp (ATACH). As the national law firm partner of ATACH, we collaborate on national issues affecting the legal cannabis and hemp industry, driving positive change and shaping the future of the sector. Our attorneys are thought leaders in the cannabis space, frequently presenting at industry conferences, providing expert commentary to media outlets, and keeping clients informed through our Cannabis Industry Blog and webinar series.
For businesses and individuals seeking to thrive in the cannabis industry, having a knowledgeable and experienced cannabis lawyer is essential. Duane Morris offers the comprehensive legal support you need to navigate complexities, capitalize on opportunities, and achieve your business goals. Contact us today to discuss your cannabis legal needs with our dedicated team.
