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.

  • 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.

  • 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 chair of the firm’s Cannabis Law practice.  Kristi focuses her practice on food, drugs, dietary supplements, medical devices, personal care and consumer health products, ...
Partner
Email (310) 712-6170(310) 712-6170
Kimberly Carter focuses her practice on a wide array of employment law matters including defense of high-stakes single plaintiff litigation, wage and hour class action and compliance counseling. &n...
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 (212) 808-7628(212) 808-7628
Barbara Hoey is co-chair of Kelley Drye’s Labor and Employment practice group, and a member of the firm’s Executive Committee.  In her third decade of practice, Barbara’s exp...
Partner
Email (212) 808-7959(212) 808-7959
Mark Konkel is co-chair of Kelley Drye's Labor and Employment practice group.  Mark is committed to protecting and maximizing the interests of employers of all sizes, from the major multin...
Partner
Email (212) 808-7573(212) 808-7573
Robert LeHane represents secured and unsecured creditors, landlords, asset purchasers, vendors, intellectual property licensors, creditors’ committees, lenders and trustees in all aspects of ...
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) 808-7695(212) 808-7695
Jaimie Nawaday is chair of the firm’s White Collar, Investigations and Compliance practice group.  Jaimie focuses her practice on government investigations, white collar defense and civi...
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 (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...
Special Counsel
Email (212) 808-7542(212) 808-7542
Tara Marciano is special counsel in the Intellectual Property and Privacy Litigation practice groups.  Tara’s practice focuses on helping clients strategically protect their brands by pr...
Special Counsel
Email (202) 342-8422(202) 342-8422
Bezalel Stern’s practice focuses on commercial and advertising litigation.  Bez has represented a diverse array of clients in a wide variety of matters at the trial and appellate levels ...
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 ...
Associate
Email (202) 342-8845(202) 342-8845
Lee Baumgardner is an associate in the firm’s Washington, D.C. office. His practice focuses on litigation and consumer protection law matters. Lee provides practical legal advice on a variety...

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