CANNABIS

In an increasingly complex and uncertain landscape, companies operating in the cannabis industry need legal counsel who are not only experienced with the issues specific to this sector of law, but who can also offer a full suite of services to help them with the general legal issues that all businesses face.

Supporting the Cannabis Industry as it Expands Nationwide

The cannabis industry is quickly evolving, and the laws that govern it are evolving just as fast. While state and local governments develop regulations for this industry, cannabis-related activities are still illegal under the Federal Controlled Substances Act and other federal laws. That’s why it’s important, if you are part of this industry, to engage seasoned practitioners in the areas of law relevant to cannabusinesses.

Our multi-disciplinary team is immersed in understanding this ever-changing industry, providing counsel to legalized operators in the industry, as well as clients who provide goods and services to the industry – from start-ups to large national companies.

What Makes Us Unique

Buchanan is a full-service firm with depth of experience helping clients in regulated industries. We have worked directly with relevant agencies such as the Drug Enforcement Agency, Food and Drug Administration, the U.S. Department of Health and Human Services and the National Institute on Drug Abuse. In addition, few firms have our level of experience protecting agricultural- and medical-related intellectual property.

When It Comes to Cannabis Law, We’ve Got You Covered

Government Relations and Advocacy

Our government relations team offers federal lobbying and regulatory services, as well as state services in Florida and Pennsylvania. We have worked with many clients and organizations involved with the cannabis industry and have created support for these clients with members of Congress. Our Congressional work focuses on strategic relationship and support building with representative congressional offices and committees of jurisdiction in order to head off projected opposition. Our government relations team members have been invited to address audiences on legislative efforts surrounding cannabis including at NORML’s annual conference and the Food and Drug Law Institute.

Intellectual property

As science and the law evolve, so do we. Agricultural/medical-related intellectual property is among the many disciplines our IP team supports, including the intellectual property leveraged by the burgeoning cannabis industry. For example, we have experience obtaining U.S. plant patents, which can be used to protect novel strains of cannabis, and in obtaining traditional utility patents, which can be used, for example, to protect new growing methods and equipment and new treatment methods employing cannabis.

Regulatory

We can assist you in all areas of compliance with current and future state and local laws specific to cannabis, while understanding their interplay with federal laws. Among the many regulatory issues with which we can assist you are:

  • Compliance with medical marijuana laws.
  • Navigating restrictions imposed by the Drug Enforcement Administration and the Food and Drug Administration.
  • FDA and health care law, including product warnings and labeling.
  • Licensing and permits.
  • Investigations, information requests and subpoenas.
Transactional

Our team has direct experience helping cannabis industry clients with a wide range of transactional matters. For example, our practice includes agribusiness finance professionals who are alumni of the Farm Credit System. The team has unique experience with agribusiness financings, through loans, leases and private placements of producers, processors and marketers of agricultural products. The team also has experience in the formation and governance of cooperatives, a corporate structure which lends itself to the growing cannabis industry.

Among our many transactional services are:

  • Financing and transactions, including working with traditional lenders, as well as evaluating and advising on non-traditional banking structures that are being created to serve the industry.
  • Real estate and land use/zoning issues for growers, processors, distributors and retailers.
  • Corporate matters such as strategic planning, operations, due diligence, risk evaluation, contracts, mergers and acquisitions, and shareholder agreements.
  • Investment matters including venture capital and private equity.
  • Commercial litigation, including product liability, unfair competition and class action litigation.
  • Labor and employment.
Litigation

Should litigation ever become necessary, our attorneys are prepared to defend you and your business in all federal, state and local jurisdictions, including trial and appellate courts.