Recent Matters

Cannabis industry clients turn to Fox for advice and assistance in forming corporations, employment issues, marketing and advertising, complying with state regulations and tackling the complexities of banking that are unique to cannabis-related businesses, as well as leasing real estate, securing licenses and handling FDA-related issues.

Below is a select list of our current and recent cannabis industry matters.

  • Assisted client in Maryland with private placement of securities under Reg. D.
  • Advised device manufacturer on plans to enter cannabis market, including advertising parameters, banking matters and the status of state legislation.
  • Represented numerous cannabis clients in Colorado in tax audits.
  • Assisted with structuring for-profit management companies for nonprofit cannabis dispensaries with cannabis-related services, including agreements and intellectual property licensing.
  • Working with e-cigarette maker on FDA-related issues, including proper positioning of dual-use devices.
  • Advising Colorado company on plans to market debit card specifically for use in cannabis retailing venues.
  • Secured medical cannabis cultivation and dispensary licenses for more than a dozen applicants in California, Illinois and Pennsylvania.
  • Currently representing clients in Pennsylvania in application for medical cannabis license applications for both cultivator and dispensary.
  • Assisted clients in Illinois and Pennsylvania with proposed revisions and additions to medical cannabis regulations.
  • Advised regional bank regarding cannabis banking opportunities and risks pursuant to federal laws.
  • Advised landlords and tenants with leases for medical cannabis dispensary facilities.
  • Advised client on whether creating the smell of marijuana synthetically from plants other than cannabis plants would fall under federal definition of a “controlled substance.”
  • Advised client on employment law issues related to state legalized medical marijuana.
    • Analyzed whether employer’s zero-tolerance drug policies are still legal.
    • Researched and delivered opinion on whether employees may be fired for consuming marijuana when they are off work.
    • Examined unemployment benefits for an employee fired for consuming medical cannabis.
    • Outlined duty to provide reasonable accommodation for employees using medical cannabis.
  • Advised a client on whether it can extract the terpenes from cannabis plants for use in consumer products sold in the United States.
  • Counselled client in response to an RFI to partner with a medical cannabis academic clinical research center in Pennsylvania.
  • Advised cannabis clients on real estate and zoning matters.
  • Represented a client in Illinois in challenging an illegal municipal sales taxes on medical cannabis and an illegal impact fee imposed on a medical cannabis dispensary.
  • Represented dispensaries, management companies and cannabis-related startups in debt and equity financing matters.