Barclay Damon
Barclay Damon

Cannabis

A growing number of jurisdictions across the United States are legalizing cannabis, spurring development of new industrial hemp, medical cannabis, and adult-use cannabis industries. Consequently, strong capabilities and experience in this complex area of law are increasingly important to our clients and the broader business community.

Barclay Damon’s multidisciplinary cannabis team represents individuals and organizations participating in or impacted by legal cannabis operations, including large and small private and public-sector employers, both union and non-union. With nearly a decade of cannabis-specific experience and a distinguished history of representing businesses in highly regulated fields, Barclay Damon attorneys are exceptionally qualified to counsel clients across the full spectrum of cannabis-related legal issues.

For businesses operating in emerging and rapidly evolving cannabis industries, access to experienced attorneys is central to navigating the legal complexities affecting cannabis marketplaces. Members of Barclay Damon’s cannabis team understand the multifaceted statutory and regulatory frameworks that impact cannabis businesses and how cannabis laws and regulations intersect with mainstream organizations and individual rights. This allows our attorneys to efficiently assist clients in complying with federal and state requirements.

For clients involved with cannabis, we have the capabilities necessary to help businesses establish a reliable foundation for long-term success, and we routinely counsel them as they grow. To provide timely guidance, members of the cannabis team monitor legislative developments and industry trends throughout the United States and Canada and promptly report those developments to our clients, enabling them to agilely respond to changes in the legal landscape.

Our cannabis team is supported by the following Barclay Damon practice areas:

  • Branding, Trademarks & Copyrights
  • Commercial Litigation
  • Corporate
  • Environmental
  • Health Care & Human Services
  • Insurance Coverage & Regulation
  • International
  • Labor & Employment
  • Land Use & Zoning
  • Project Development
  • Real Estate
  • Regulatory
  • Tax
  • Torts & Products Liability Defense
  • White Collar

Our clients include licensed cannabis operators, investors, cultivators, processors, transporters, dispensaries, distributors, providers of ancillary cannabis products and services, property owners, financial institutions, insurers, municipalities and government subdivisions, and other organizations and individuals impacted by legalized cannabis.

Representative Matters

  • Represented one of the first five licensees to grow and sell medical marijuana in New York State.
  • Counseled multiple cannabis organizations on corporate structure and capitalization.
  • Assisted multiple clients in forming entities for the purpose of engaging in licensed cannabis-related activities and advised on all matters pertaining to organization and business startup, including all tax issues involved in operating a cannabis activity.
  • Represented a buyer in the acquisition of property to be used for cannabis cultivation and subsequent site development.
  • Prepared applications for medical marijuana operations resulting in licensure.
  • Prepared applications for industrial hemp operations resulting in licensure.
  • Represented a client in licensing marijuana-infused edible products.
  • Counseled cannabis businesses on trademark, copyright, and branding matters.
  • Serve as general corporate counsel to a licensed medical marijuana company.
  • Negotiated the resolution of a dispute between a medical marijuana company and the manufacturer of marijuana processing equipment.
  • Prepared and negotiated partnership agreements, shareholder agreements, operating agreements, and joint venture agreements for multiple cannabis companies.
  • Advised on security law and related issues when raising funds from investors.
  • Advised applicants for medical marijuana licensure on statutory and regulatory requirements in multiple states.
  • Represented licensed cannabis operators in regulatory compliance matters and related investigations.
  • Assisted cannabis companies in negotiations with an information technology provider for proprietary seed-to-sale tracking software.
  • Advised financial institutions on cannabis issues and business opportunities and risks under federal law.
  • Counseled multiple clients on employment law issues relating to legal medical marijuana, including employee drug testing, zero-tolerance drug policies, and compliance with the Americans With Disabilities Act requirements for reasonable accommodations.
  • Counseled cannabis clients on zoning and land use matters.
  • Assisted a cannabis client with nonprofit and campaign finance compliance. 
  • Advised cannabis clients in lease negotiations for commercial and industrial properties and prepared lease agreements on behalf of both cannabis companies and landlords.
  • Counseled a cannabis client in a landlord-tenant dispute.
  • Represented cannabis companies in litigation involving disputes over ownership rights, joint ventures, and development agreements.
  • Advised multiple cannabis clients on taxation matters, including 280E.
  • Counseled doctors, physician groups, and hospital and other medical facilities on cannabis-related issues.
  • Represented a client through all phases of development for a large-scale greenhouse facility, including securing project incentives, environmental reviews, zoning, permitting, and infrastructure upgrades.
  • Prepared supply agreements for industrial hemp farmers and CBD oil extract producers.

Disclaimer: Possessing, using, distributing, or selling marijuana or marijuana-based products is illegal under federal law, even where a state law decriminalizes or legalizes such activities. Compliance with state law does not assure compliance with federal law. Any information on our website or in other written materials is not intended to provide any assistance in violating federal law.