Cannabis Law
Cannabis Law
Kelley Drye has extensive experience navigating the rapidly-changing cannabis industry. We represent a multitude of stakeholders in the hemp and CBD ecosystem, from growers and processors to manufacturers, retailers, and investors.  We also counsel financial institutions and service providers regarding compliance with the laws and regulations applicable to the cannabis industry in general.
Hemp and CBD are some of the fastest-growing industries in America — and offer huge business potential and unique challenges for distributors, processors, and investors, as well as companies seeking to capitalize on their emergence.  Kelley Drye’s interdisciplinary team helps companies navigate the full range of hemp and CBD-related legal and regulatory challenges, including: state licensing compliance, food and drug regulations, advertising compliance, intellectual property procurement, corporate formation, real estate issues, tax consequences, banking concerns, employment issues, litigation, trade secret protection, internal investigations, criminal defense, and other issues.  We leverage our nationwide footprint to provide holistic advice and representation to those directly involved in or looking to enter the industry.

Our recent experience includes:
 
  • FDA and Advertising Regulatory Advice:  Assisting multiple companies in navigating complex federal-state issues relative to product labeling and advertising, particularly with regard to CBD products.

  • Intellectual Property:  Actively prosecuting patents directly or peripherally related to cannabis in a variety of technical disciplines.

  • Banking, Securities, and AML: Counseling clients regarding payment transactions, anti-money laundering, and securities issues.

  • State Regulatory: Assisting clients in preparing and filing applications for grower and processor licensing in multiple states.

  • Labor and Employment: Counseling employers throughout the country on cannabis issues in the employment context.
  • Advising numerous parties involved with manufacturing, retailing, and marketing of hemp CBD on compliance with the 2018 Farm Bill and relevant state laws.

  • Counseling a manufacturer of hemp-based cosmetics on labeling issues.

  • Filing Letter of Protest on behalf of luxury fashion brand client regarding registrability of trademark for cannabis-related products.

  • Conducting U.S. trademark clearance searches, prosecuting trademark applications, and advising clients on trademark protection issues for cannabis-related products and services.

  • Drafting patent applications for everything from edible products to containers and transportation systems that promote proper plant flowering.

  • Federal criminal defense of cannabis-related charges.

  • Counseling conventional companies interested in entering the cannabis market.

  • Advising investors, including conducting due diligence on potential investment targets.

  • Representing a variety of public companies in connection with their ongoing reporting and disclosure requirements under the Securities Exchange Act of 1934. Our clients include emerging, middle-market and large public companies.

  • Advising on SPAC transactions, particularly post-IPO, the subsequent business combination, and life as a public company, through our Alternative Investment Practice.

  • Representing public companies and their officers and directors in ongoing compliance with SEC regulatory requirements (i.e., periodic reports, insider reports) through our Corporate and Securities Practice.

  • Counseling financial institutions and payment processors in the provision of financial services to the cannabis industry.

  • Assisting companies with leasing of growing and processing facilities.

  • Representing companies with private investor participations in compliance with related state regulatory considerations, as well as general securities matters.

  • Providing advice and counsel to multi-state employers on employee discipline, separate agreements, employee handbook and hiring policies, including state-by-state drug testing requirements.

  • Providing advice to clients about new laws prohibiting pre-employment drug testing.
 
 

Overview

Kelley Drye has extensive experience navigating the rapidly-changing cannabis industry. We represent a multitude of stakeholders in the hemp and CBD ecosystem, from growers and processors to manufacturers, retailers, and investors.  We also counsel financial institutions and service providers regarding compliance with the laws and regulations applicable to the cannabis industry in general.
Hemp and CBD are some of the fastest-growing industries in America — and offer huge business potential and unique challenges for distributors, processors, and investors, as well as companies seeking to capitalize on their emergence.  Kelley Drye’s interdisciplinary team helps companies navigate the full range of hemp and CBD-related legal and regulatory challenges, including: state licensing compliance, food and drug regulations, advertising compliance, intellectual property procurement, corporate formation, real estate issues, tax consequences, banking concerns, employment issues, litigation, trade secret protection, internal investigations, criminal defense, and other issues.  We leverage our nationwide footprint to provide holistic advice and representation to those directly involved in or looking to enter the industry.

Our recent experience includes:
 
  • FDA and Advertising Regulatory Advice:  Assisting multiple companies in navigating complex federal-state issues relative to product labeling and advertising, particularly with regard to CBD products.

  • Intellectual Property:  Actively prosecuting patents directly or peripherally related to cannabis in a variety of technical disciplines.

  • Banking, Securities, and AML: Counseling clients regarding payment transactions, anti-money laundering, and securities issues.

  • State Regulatory: Assisting clients in preparing and filing applications for grower and processor licensing in multiple states.

  • Labor and Employment: Counseling employers throughout the country on cannabis issues in the employment context.

Experience

  • Advising numerous parties involved with manufacturing, retailing, and marketing of hemp CBD on compliance with the 2018 Farm Bill and relevant state laws.

  • Counseling a manufacturer of hemp-based cosmetics on labeling issues.

  • Filing Letter of Protest on behalf of luxury fashion brand client regarding registrability of trademark for cannabis-related products.

  • Conducting U.S. trademark clearance searches, prosecuting trademark applications, and advising clients on trademark protection issues for cannabis-related products and services.

  • Drafting patent applications for everything from edible products to containers and transportation systems that promote proper plant flowering.

  • Federal criminal defense of cannabis-related charges.

  • Counseling conventional companies interested in entering the cannabis market.

  • Advising investors, including conducting due diligence on potential investment targets.

  • Representing a variety of public companies in connection with their ongoing reporting and disclosure requirements under the Securities Exchange Act of 1934. Our clients include emerging, middle-market and large public companies.

  • Advising on SPAC transactions, particularly post-IPO, the subsequent business combination, and life as a public company, through our Alternative Investment Practice.

  • Representing public companies and their officers and directors in ongoing compliance with SEC regulatory requirements (i.e., periodic reports, insider reports) through our Corporate and Securities Practice.

  • Counseling financial institutions and payment processors in the provision of financial services to the cannabis industry.

  • Assisting companies with leasing of growing and processing facilities.

  • Representing companies with private investor participations in compliance with related state regulatory considerations, as well as general securities matters.

  • Providing advice and counsel to multi-state employers on employee discipline, separate agreements, employee handbook and hiring policies, including state-by-state drug testing requirements.

  • Providing advice to clients about new laws prohibiting pre-employment drug testing.
Partner
Email (202) 342-8805(202) 342-8805
Kristi Wolff is a partner in the Advertising practice group and chair of the firm’s Food and Drug Law and Cannabis Law practices.  She has extensive experience advising clients whose pro...
Partner
Email (212) 808-7853(212) 808-7853
Andrea Calvaruso chairs the firm’s Trademark and Copyright practice group and is a member of the firm’s Executive Committee.  She represents clients from a wide range of industries...
Partner
Email (213) 547-4906(213) 547-4906
Kimberly Carter is managing partner of the firm’s Los Angeles office. Kimberly focuses her practice on a wide array of employment law matters including defense of high-stakes single plaintiff...
Partner
Email (973) 503-5922(973) 503-5922
A formidable litigator, compelling advocate and dynamic negotiator, Jeff Castello has represented a number of large corporations in complex food, beverage and consumer product false advertising and...
Partner
Email (973) 503-5917(973) 503-5917
Glenn Graham focuses on all aspects of civil litigation.  His experience includes consumer class action defense, commercial litigation and contract disputes, and law enforcement investigations...
Partner
Email (202) 342-8849(202) 342-8849
Joe Green advises on complex environmental regulatory matters for large and small corporate clients and national trade associations.  He is particularly skilled in translating complex business...
Partner
Email (212) 808-7628(212) 808-7628
Barbara Hoey is a member of the firm’s Executive Committee.  In her third decade of practice, Barbara’s experience includes counseling clients in all areas of employment law, and d...
Partner
Email (212) 808-7959(212) 808-7959
Mark Konkel is a nationally recognized advocate for employers across industries and chairs the firm’s Labor and Employment practice.  He has a long track record of winning judgments and ...
Partner
Email (212) 808-7573(212) 808-7573
For over 20 years Bob has been representing secured and unsecured creditors, landlords, asset purchasers, vendors, intellectual property licensors, creditors’ committees, lenders and trustees...
Partner
Email (312) 857-2623(312) 857-2623
Matthew Luzadder is managing partner of the firm's Chicago office.  Matt focuses his practice on white-collar crime and internal investigations, commercial litigation and labor and employm...
Partner
Email (212) 808-7843(212) 808-7843
Jaclyn Metzinger focuses her practice on commercial and complex civil litigation in both state and federal courts.  Her experience includes consumer class actions, false advertising claims, an...
Partner
Email (212) 808-5052(212) 808-5052
James Saylor has managed complex litigations and arbitration for a diverse breadth of firm clients, including national brick and mortar and online retailers, internationally-recognized brands, tech...
Partner
Email (202) 342-8431(202) 342-8431
Allan Weiner co-chairs the firm’s Washington, D.C. business team and is a senior member of the firm’s Corporate, Real Estate and Private Client groups.  His practice is focused on ...
Partner
Email (973) 503-5964 (973) 503-5964
Michael Zinna’s practice comprises all aspects of intellectual property, with a focus on patent matters and including complex patent litigation, patent licensing, due diligence, patent cleara...
Senior Advisor
Email (202) 342-8638(202) 342-8638
Joan Galvin advocates on behalf of client interests before the U.S. Congress and federal agencies, including the U.S. Department of the Interior and U.S. Department of Agriculture, in the areas of ...
Special Counsel
Email (212) 808-7552(212) 808-7552
Patricia Werner is a member of the firm’s Trademark and Copyright and Litigation practice groups.  Patricia manages worldwide intellectual property portfolios and related protection and ...