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The state-by-state legalization of marijuana for medical and recreational use has created a complicated legal landscape—and with it new demands for lawyers to responsibly advise cannabis clients and companies in adjacent industries. This special report features Law.com's in-depth coverage of emerging legal issues, key regulatory developments, and the lawyers who are helping to shape a new industry.
Cheryl Miller | September 26, 2019
We reached out to attorneys in the cannabis space for their views on the U.S. House vote backing a landmark bill.
Cheryl Miller | September 20, 2019
The case has been closely watched by the marijuana industry and employment lawyers advising businesses in the cannabis space.
Amy Guthrie | September 09, 2019
One estimate puts the potential value of the Mexican market for legal cannabis at $12 billion by 2029.
Dan Clark | August 22, 2019
The lawsuit would have been filed by the Los Angeles-based cannabis firm, Zuber Lawler, and would have sought relief under California’s Unfair Competition Law. The law prohibits false advertising and illegal business practices.
Dan Clark | August 20, 2019
In-house counsel and their employers in publishing should focus on working with cannabis customers who comply with state and federal laws and have strong internal policies on what goes into their advertising.
Cheryl Miller | July 23, 2019
"Failure to promptly correct these violations may result in legal action without further notice," the FDA said in a letter to Massachusetts-based Curaleaf.
Charles Toutant | July 16, 2019
The case raises the issue of whether an employer is required to accommodate the use of medical marijuana as allowed under the state's Compassionate Use Medical Marijuana Act.
Dara Kam | July 10, 2019
The First District Court of Appeal’s decision sent shock waves through the state’s highly restricted but rapidly growing medical marijuana industry, in which licenses are routinely selling for upward of $50 million.
Dan Clark | June 05, 2019
The SEC is investigating allegations that the co-founder of Covalent Collective may have "violated the registration provisions of the securities laws in an unregistered offering of securities" and "made misleading representations to investors and potential investors about the operations, acquisitions, and projected stock price.”
Dan Clark | June 03, 2019
In-house lawyers and other industry executives are still waiting for regulations on CBD and CBD-infused products after the FDA held its first public comments session.
Cheryl Miller | May 31, 2019
Coleen Klasmeier: "It's one of the first early baby steps toward setting up policies addressing what is really a sort of unprecedented stress test to the FDA regulatory scheme."
Cheryl Miller | May 30, 2019
The bill was designed to add to the nearly 600 licensed marijuana sellers in California.
Robert Storace | May 30, 2019
With five days before the end of the state legislative session, both sides agree there will not be a vote to legalize recreational marijuana in Connecticut this year. It appears the voters might make that choice in a referendum in 2021.
Cheryl Miller | March 28, 2019
The bill, approved by the House Committee on Financial Services, is a top priority for a marijuana industry largely shut out of mainstream banking.
Cheryl Miller | March 05, 2019
The Tenth Circuit ruling was the latest blow for marijuana-related businesses seeking to take the full range of tax deductions available to other companies.
Cheryl Miller | February 22, 2019
California legislators this week introduced a bill that would require the state starting in 2020 to accept "stablecoins."
C. Ryan Barber | February 11, 2019
The lobbying boom, mainly involving trade associations, comes as the alcohol industry considers whether the booming legalized marijuana business represents a competitor or corollary.
Phillip Bantz | September 26, 2019
John Malone, an expert on corporate governance and regulatory compliance, joins Shryne as general counsel after having helped several cannabis startups navigate a complex regulatory environment.
Dan Clark | September 19, 2019
Gabriel García is tasked with overseeing Natura Life + Science’s legal department and will be responsible for its growth in the future.
Dan Clark | September 17, 2019
CEO Bharat Vasan has been ousted as general counsel Lisa "LD" Sergi Trager, formerly of MedMen, will serve as the interim CEO.
Dan Clark | September 11, 2019
Linda Menzel will lead the legal department at Ignite International Brands Ltd. from Toronto.
Dan Clark | September 11, 2019
Marshall Horowitz began working as the top lawyer to TILT Holdings Inc. in July. He most recently served in an of counsel role at Morrison & Foerster in Singapore.
Dan Clark | September 04, 2019
Two Major, Lindsey & Africa recruiters say in-house lawyers who likely take risks work in highly regulated industries. Those are the candidates cannabis companies are looking for.
Dan Clark | August 08, 2019
Cannabis remains illegal at the federal level, and every state where it is legal has a different take on advertising.
Dan Clark | July 30, 2019
Benjamin Rootman said in an interview Tuesday that over the last year the company has been in the process of moving to California and selling off its Canadian assets. As a Canadian citizen, he said U.S. immigration laws would not allow him to work for a cannabis company.
Dan Clark | July 15, 2019
Many in-house counsel, according to the report, have growing concerns over cannabis-related litigation.
Dan Clark | June 18, 2019
Before coming to Leafly, Yoko Miyashita worked in-house at Getty Images from 2005 to this year where she served as director of corporate counsel, deputy general counsel and general counsel.
Dan Clark | June 13, 2019
Nicole Stanton has been named the general counsel of Harvest Health & Recreation Inc. She will begin her new job June 24.
Phillip Bantz | June 12, 2019
Alissa “Ali” Jubelirer, general counsel of Revolution Enterprises, describes her new position as a "big undertaking. For me, I’ll have to get up to speed very quickly on the regulatory framework for each state and make sure that we have processes and policies in place so that we’re complying."
Dan Clark | June 05, 2019
The GC started working at Organa Brands in 2014 as an intern under the company's then-general counsel while he was finishing up his law degree. Two years later, he was asked to become the top lawyer when the company was still private.
Dan Clark | May 31, 2019
"I think the hardest part is trying to navigate the cannabis laws in each state with all of them being so different and they’re changing all of the time," Clifton says on her first year as a cannabis company's general counsel. "You have to be really agile as a company to be able to adapt quickly."
Dan Clark | April 29, 2019
Patrick Goggin, who is also a senior attorney at the San Francisco-based Hoban Law Group, has joined the council newly formed to continue the work of Vote Hemp after last year's Farm Bill took hemp off the Controlled Substances Act.
Dan Clark | April 22, 2019
Those in the industry say that while cannabis law expertise is important, those with a corporate background to help the expansion of their companies will be among the first offered jobs for the in-house legal department.
Jonathan Ringel | August 16, 2019
The GC said with expanding vertical operations that run from cultivation, processing, manufacturing and selling, "We do use a lot of outside counsel."
Dan Clark | April 08, 2019
A Colorado-based cannabis consulting company announced it has found a new general counsel as the previous one leaves to pursue other opportunities in the cannabis space.
Mike Evers | April 04, 2019
I just took my search firm’s first order within the cannabis industry, a general counsel role for a leading grower of legal marijuana. Interest in the role is high (OK, the puns are easy!), but I’ve already rejected one of my favorite candidates.
Dan Clark | October 23, 2019
An issue outlined in the report surrounding disclosures is that a handful of securities class action suits are being filed against cannabis companies in Canada.
Dan Clark | October 18, 2019
The pulmonary disease seemingly caused by vaping has sickened and killed users of a black market THC product, which could be a call for companies to bolster their supply chains and fill out their in-house legal departments.
Dan Clark | October 16, 2019
Until marijuana is no longer a Schedule I drug under the Controlled Substances Act or exceptions to the law are passed, banks will still be taking a risk when it comes to providing financial services for cannabis companies, a panel at the Minority Corporate Counsel Association’s 2019 Creating Pathways to Diversity Conference in New York said Wednesday.
Dan Clark | October 10, 2019
Stacey Hallerman started working at Lowell Herb Co. in September and also holds the title of chief administrative officer.
Dan Clark | October 10, 2019
The general counsel of Square discusses what led to the company’s decision to offer CBD sellers payment processing services and the challenges that go along with it.
MP McQueen | October 03, 2019
The Federal Trade Commission announced Thursday that it had demanded reports from six e-cigarette manufacturers about their sales, promotion and advertising practices.
Catherine Wilson | August 26, 2019
Politicians and others specializing in everything from licensing to election law are leading the field in Florida, where a legalization vote is expected next year.
Xiumei Dong | August 14, 2019
Fast-growing midsize law firm Rimon adds a five-attorney group from Los Angeles cannabis boutique firm, Frontera Law Group.
Patrick Smith | August 05, 2019
There's nothing mellow about the country's biggest litigation firm getting into the cannabis business.
Patrick Smith | July 28, 2019
Law firms are rushing to open cannabis practices as the industry booms, including many among the Am Law 200. Why is the top tier taking a pass?
Cheryl Miller | July 15, 2019
Manatt joins a growing list of major U.S. law firms that have announced specialized cannabis practices.
Patrick Smith | June 05, 2019
Practice leader Whitney Hodges said the firm, with 40 cannabis clients already, is taking a "boots-on-the-ground" approach.
Cheryl Miller | April 15, 2019
The McGuireWoods lobbyists will advocate for the Global Alliance for Cannabis Commerce, based in Costa Mesa, California, according to a new federal registration.
Xiumei Dong | March 15, 2019
It’s one of several Pennsylvania-based Am Law 100 and Am Law 200 firms that have spent the past few years honing their abilities to service clients in the marijuana industry.
Cheryl Miller | October 03, 2019
Brownstein Hyatt Farber Schreck's cannabis practice. Dykema's take on Illinois and Michigan. Nevada's new cannabis regulator. The revolving cannabis door in California.
Cheryl Miller | September 26, 2019
We've rounded up early commentary from lawyers about the U.S. House's vote embracing cannabis banking legislation. Scroll down for Who Got the Work, headlines and our calendar. Thanks for reading!
Cheryl Miller | September 19, 2019
Seth Goldberg of Duane Morris talks with Higher Law -- welcome! -- about some observations about vaping and liability. Plus: check out our new podcast with a Quinn Emanuel partner about cannabis cases. And scroll down for Who Got the Work. Thanks for reading!
Cheryl Miller | September 12, 2019
The ABA's got a first-ever marijuana conference coming up, and here's what to expect. Plus, Sacramento's US attorney talks with us about marijuana enforcement. Scroll down for our headline roundup, and a calendar of events. Thanks for reading!
Cheryl Miller | September 05, 2019
One week after hearing oral arguments, a panel for the U.S. Court of Appeals for the Ninth Circuit punted Big Sky Scientific v. Bennetts, the case surrounding a seized shipment of hemp, to the Idaho state courts.
Cheryl Miller | August 29, 2019
Attorneys for Big Sky Scientific on Wednesday tried to make the case to a Ninth Circuit panel that the company's truckload of Colorado-bound hemp nabbed by Idaho police in January should be returned under provisions of the 2018 Farm Bill.
Cheryl Miller | August 22, 2019
Catch up with an Akerman lawyer about the Florida landscape, and scroll down for the latest court action, headlines and more. Thanks for reading!
Cheryl Miller | August 15, 2019
This is Higher Law, and welcome to our coverage of news and analysis for lawyers with cannabis-touching clients. Check out our Q&A with a Bradley Arant attorney as the Alabama firm positions itself in the market, and scroll down for Who Got the Work and quick-read headlines. Thanks for reading!
Cheryl Miller | August 08, 2019
Quinn Emanuel and cannabis. Movement on a marijuana banking bill. A southern firm's new pot practice. And a Florida lawyer's return to pot politics. Welcome to Higher Law, your home for news and analysis on the cannabis front. Thanks for reading!
Cheryl Miller | August 01, 2019
Highlights from ALM reporting on how Big Law is, or isn't, chasing some of the green rush. Plus, a quick snapshot on new legislation confronting insurance in the cannabis industry. Thanks for reading!
Cheryl Miller | July 25, 2019
You've reached Higher Law, where we chronicle news, analysis and trends for lawyers with cannabis clients. Thanks for reading!
Cheryl Miller | July 11, 2019
Welcome to Higher Law -- our weekly snapshot of cannabis lawyering, lobbying and legislating. Thanks for reading!
Cheryl Miller | June 27, 2019
Welcome to Higher Law -- our weekly snapshot of news, trends and analysis. Your thoughts matter to us -- feedback and tips are welcome. Thanks for reading!
Cheryl Miller | June 20, 2019
We're closely watching the next steps in an Oakland dispensary's tax fight. Plus: NY's cannabis legislative effort fizzles. Scroll down for Who Got the Work. Thanks for reading!
Cheryl Miller | June 13, 2019
An in-house lawyer tells us why she jumped into the green rush, and a hemp company fighting in the Ninth Circuit hopes a new USDA guidance memo benefits it. Welcome to Higher Law -- and thanks for reading!
Cheryl Miller | May 30, 2019
Welcome to Higher Law -- our weekly roundup of news and analysis for cannabis industry lawyers. Thanks for reading!
Cheryl Miller | May 23, 2019
Welcome to Higher Law, our weekly look at news and trends. Thanks for reading!
Cheryl Miller | May 16, 2019
We're looking at the hundreds of comments the FDA's received on CBD regulations—some highlights. Plus: cannabis headlines that caught our eye. Thanks for reading!
Cheryl Miller | May 09, 2019
Check out our Law.com Legal Speak podcast with Fox Rothschild's Joshua Horn, and state AGs make a new plea for a banking system for the cannabis industry. Thanks for reading!
Mitchell Pawluk and Meaghan Lambert | August 14, 2019
The New York State Legislature has passed legislation which, if signed by Governor Cuomo, will establish one of the most comprehensive regulatory frameworks for hemp and hemp extracts in the country and could significantly impact the burgeoning hemp industry in New York by adding new regulatory requirements. This article provides a summary of some of the legislation’s more notable (and controversial) provisions.
Sean Mack | August 08, 2019
Employers should be aware of developments in NJ cannabis law: a recent court decision ('Wild') involving the disability discrimination claims of a worker who used medical marijuana, and the newly enacted Jake Honig Compassionate Use Medical Cannabis Act.
Meghana Shah and Melissa L. Fox | July 30, 2019
FDA regulations may not be released for years, and some local authorities like the New York City Department of Health are not waiting and have begun to crack down on the sale of food and beverages containing CBD.
Scott D. Locke | July 24, 2019
For the businesses that wish to push forward on this uncertain landscape, cautious and strategic marketing may be the best—although not risk free—course of action.
Barney Weinkle | July 22, 2019
Due to the ever-increasing number of condominium developments in South Florida, associations, owners and residents are abuzz about restrictions and regulations preventing owners who wish to indulge in smoking marijuana in the privacy of their own apartments or on their balconies.
Ryan V. Stearns | July 18, 2019
While cannabis remains illegal under federal law, it is imperative for owners and operators in this space to mitigate as many risks as possible.
Jeremy H. Temkin | July 17, 2019
In his Tax Litigation Issues column, Jeremy Temkin discusses how the conflict between state laws legalizing the cannabis industry and federal tax law precluding participants in that industry from deducting business expenses disadvantages cannabis businesses from a federal tax perspective.
Steve Schain | July 10, 2019
Yet, despite irrationally exuberant investment in cannabis and industrial hemp growing, processing and sale, massive unrealized early stage funding opportunity exists for tackling environmental issues including organic and hazardous waste collection, processing and disposal.
Brandyne Russell and Mindy Sircus | July 09, 2019
With more states working to decriminalize or legalize marijuana use, routine workplace drug screening deserves a closer look.
Lisa Brown | July 08, 2019
Katy Young, managing partner of Ad Astra and the current president of the National Cannabis Bar Association, recently shared insights into leasing retail space for cannabis use.
Justin M. L. Stern, Robert A. Zinn, Jay Steinman and Jennifer A. Migliori | July 01, 2019
According to a research report published by Cowen & Co. earlier this year, the investment bank believes that the U.S. market for cannabidiol (CBD) consumer goods could reach $16 billion—a “conservative” forecast—by 2025, up from between $600 million and $2 billion in 2018 retail sales. As the third-most populous state in the country, this is a very big deal for Florida.
Joshua Horn and Ellis W. Martin | June 25, 2019
While the president and Congress gave hemp the go-ahead, it is now on the regulators to take the next step. The FDA has authority to regulate cannabis-derived compounds, including CBD, under the Federal Food, Drug, and Cosmetic Act. So far, though, the FDA has not done much regulating in regards to CBD.
Joshua Horn and Jesse M. Harris | June 21, 2019
Among other things, the 2018 Farm Bill removed hemp from the Controlled Substances Act, unlocking a new industry that is poised to make serious waves throughout the agricultural sector and beyond.
David S. Gold | June 21, 2019
Branding is not a new concept, nor are the various intellectual property laws that protect brands. What is new to most is how this burgeoning industry can take advantage of those laws within the context of state and federal restrictions.
Michael Rave and Megan Bedell | June 20, 2019
Due to marijuana's illegality under federal law, any financial institution that provides banking services to a marijuana related business is engaging in money-laundering. Those banks that have chosen to work with the marijuana industry have been operating under a semi-official set of rules.
Nikolas S. Komyati and Risa D. Rich | June 20, 2019
In the area of social justice reform, legislators attempted to take steps to address the significant impacts for thousands of New Jerseyans who have been arrested and convicted of minor cannabis-related offenses.
Nicole A. Maguire | June 19, 2019
The lack of guidance at a federal level represents a situation whereby businesses in the cannabis industry should proceed with caution.
Lisa Gora and Michael F. Schaff | June 19, 2019
Despite the constant political movement surrounding the medicinal marijuana program, New Jersey can certainly expect a change in the landscape that will provide increased access to the patient population served by the program.
Christine Sexton | June 11, 2019
The board agreed to change its medical-marijuana rules so that physicians can certify that the benefits of smoking marijuana for medical use outweigh the risks.
Chris Meuse | June 10, 2019
If Texas legalizes marijuana, courts and family law practitioners should not presume parents are negligent or endangering their child if they are consuming marijuana as authorized.
Louis Locascio | June 03, 2019
OP-ED: In a nutshell, the court concluded that “the Compassionate Use Act does not immunize what the LAD prohibits.” This decision makes sense.
Evan P. Zimmerman, Paul T. Colella and Patrick S. Convery | May 31, 2019
Until cannabis is legalized at the federal level, it appears that cannabis producers operating in the United States will not be able to fully capitalize on the high level of demand exhibited by U.S. investors.
Matthew J. Smith | May 24, 2019
With a growing number of states legalizing medical and adult-use marijuana, anti-cannabis plaintiffs have turned to innovative legal theories, including RICO racketeering and conspiracy claims, aimed at disrupting cannabis businesses.
Denise Elliott | May 24, 2019
The legal landscape for employers grappling with the impact of medical marijuana on their workplaces remains quite hazy (pun intended).
Joann Needleman | May 22, 2019
Despite this exponential growth, the cannabis industry still suffers from the lack of even the most basic financial services. It’s a problem that over-anxious legislatures have simply avoided and swept under the rug, so as to not disturb the potential tax revenue that awaited them on the upside.
Carlton L. Johnson and Thomas W. Nardi | May 22, 2019
One challenge, however, presents a significant business opportunity for those who are willing to champion the cause: Creating diversity in the cannabis industry.
Michael Warren | April 12, 2019
The legalization of recreational cannabis presents unique challenges to employers’ efforts to maintain a drug-free workplace.
Gretchen L. Temeles | March 25, 2019
Law students are taught that one purpose served by the civil legal system is to provide predictability in business. For the cannabis industry, predictability remains a work in progress in view of conflicting federal and state laws and regulations.
Vanessa Blum Leigh Jones | September 13, 2019
As players in the fledging industry grow, their business disputes are going to land in court. Quinn wants to be the first law firm that comes to mind.
Vanessa Blum Leigh Jones | September 05, 2019
Demands from existing clients and the lure of new business opportunities have overtaken the taboo around marijuana for many major law firms.
Vanessa Blum Leigh Jones | May 03, 2019
Fox Rothschild partner Joshua Horn describes what it's been like getting in on the green rush and how he keeps up with regulatory change. His first rule for cannabis lawyers is "Don't dabble."
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