Regulatory

In regulatory compliance work for clients in the legalized cannabis space, Fox attorneys serve as strategic advisers to growers, distributors, processors, investors, manufacturers, technology companies and market leaders.

Our national team has extensive experience drafting, tracking and navigating constantly evolving matrix of state and federal regulations related to hemp and cannabis. We have guided government authorities on cannabis-related legislation and have worked closely with clients to craft effective comments and opinions on legislation affecting their respective cannabis markets. On an international basis, we provide regulatory guidance to a range of foreign companies seeking to enter U.S. hemp and cannabis markets.

Select Regulatory Compliance Experience

  • Advised a national cannabis company on complex compliance matters involving federal and state regulations related to advertising, manufacturing and white labeling of products.
  • Secured approvals for over 100 variance requests on behalf of various Florida cannabis operators, facilitating the expansion of cultivation and processing facilities, the introduction of new product offerings and changes in corporate control.
  • Negotiated and structured genetic license agreements for a multistate cannabis operator, ensuring protection of intellectual property and compliance with state and federal regulations.
  • Assisted numerous cannabis cultivators, craft growers and dispensaries in the successful application of medical and adult-use licenses in Arizona, Arkansas, California, Colorado, Connecticut, Illinois, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, Vermont, Virginia and West Virginia.
  • Helped cannabis dispensary Deo’s Garden to secure one of the first adult-use conditional retailer licenses in New Jersey and enter the recreational cannabis market.
  • Helped write the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, which legalized recreational use of cannabis in the Garden State.
  • Successfully partnered with clients to secure multiple adult-use licenses in Illinois and New Jersey.
  • Represented Cresco Labs, LLC, (a Canadian publicly traded cannabis company) as its multistate regulatory counsel in the preparation of its Canadian reverse takeover.
  • Formulated legal opinions for multiple clients to provide to the SEC for cannabis industry mutual fund and ETF formations.
  • Advised numerous Canadian publicly traded, multistate cannabis operators (MSOs) as regulatory counsel in Illinois, Pennsylvania, Maryland, Florida and other states.
  • Guided an e-cigarette maker on FDA-related issues, including proper positioning of dual-use devices.
  • Represented clients in multiple states with proposed revisions, additions and challenges to medical and adult-use cannabis regulations.
  • Advised numerous domestic and international clients regarding regulatory, transactional and distribution issues for hemp-based (CBD) products under the 2018 Farm Bill and state laws.
  • Defended numerous cannabis clients from regulatory disciplinary complaints in multiple states.
  • Numerous multistate cannabis licensees across the country with regulatory investigations and related administrative law proceedings.