The Fox Rothschild Cannabis Law Practice provides a comprehensive suite of services to cannabis businesses.

In addition to our litigation, regulatory and transactional work, our experience in advising and representing cannabis clients includes:

Corporate

• Assisted cannabis startup Mollitiam NJ in securing $1.6 million in seed and bridge equity funding and $5.4 million in debt to establish a new cultivation and processing facility in in Plainfield, NJ.
• Advised multistate operator in a $300 million strict foreclosure transaction.
• Represented nonprofit organization comprising a coalition of Florida's leading cannabis operators, known as Medical Marijuana Treatment Centers (MMTCs).
• Assisted numerous clients in multiple states with private placement of securities under Reg. D.
• Counseled client in response to an RFI to partner with a medical cannabis academic clinical research center in Pennsylvania.
• Advised a financial advisory firm regarding loan transactions to cannabis.
• Assisted with structuring for-profit management companies for nonprofit cannabis dispensaries with cannabis-related services, including agreements and intellectual property licensing.
• Drafted and successfully filed a Regulation A/Form 1-A with SEC, pursuant to which the client qualified to raise up to $75,000,000 of equity capital.

Intellectual Property

• Represented a manufacturer of cannabis industry devices in federal court in litigation involving enforcement of patents concerning vape-filling technology.
• Advised clients in the cannabis industry in developing patent portfolios covering cannabis plants, devices and apparatus, as well as cannabis-containing food and beverages and methods of extracting cannabinoid.
• Represented cannabis licensee in federal trademark litigation.
• Represented multiple cannabis permittees in seeking federal and/or state trademark and copyright protection.
• Advised on patent work related to processes for extracting THC and CBD and cleansing pesticides.
• IP due diligence and clearance assessments in context of a major merger.

Real Estate & Zoning

• Represented multiple cannabis clients in zoning, appeals and land use approval matters.
• Represented investment firm in issues with purchase, lease and sale of real estate associated with a Pennsylvania medical marijuana grower/processor.
• Represented a publicly traded, vertically integrated cannabis and medical marijuana company in obtaining a Pennsylvania (region 5) cannabis license.

Tax

• Advised cannabis businesses regarding the ability to use 401(k) plans as part of employee benefits plans.
• Assisted clients in the identification of allowable deductions under Section 280E.
• Advised cannabis businesses on the identification of potential successor liability issues in connection with acquisition of target entities.
• Counseled cannabis entities on a variety of tax considerations, including excise taxes, sales and use taxes and state corporate taxes.

Insolvency

• Represented a multistate cannabis operator in ensuring its priority payment rights through complex receivership process.
• Represented the custodian of a New Jersey-based medical cannabis dispensary and serve as independent counsel for their restructuring, general corporate and insolvency matters.
• Represent one of the nation’s largest privately held cannabis companies in state-by-state foreclosure, receivership, ABC and dissolution analyses, real estate matters and litigation support.
• Represented a multistate cannabis brand and delivery platform in their creating and eventually enforcing priority rights for a $40 million senior secured credit facility from a syndicate of investors to a Canadian borrower.
• Served as counsel in an Illinois matter involving contested UCC sales of equity used as collateral for a Nevada operation.
• Served as lead counsel to a leading cannabis wellness company through ongoing turbulence in the California market, including restructuring the company’s maturing debt obligations and strategizing to bring new products to a national marketplace and raise additional capital.
• Represented a New York cultivator applicant in its corporate reorganization and multiple follow-on convertible debt raises.