Cannabis Business

Our attorneys collaborate to provide proactive and integrated strategies in all aspects of business operations, including corporate formation, mergers and acquisitions, debt and equity financing, fund formation, real estate, intellectual property, tax, and regulatory matters for marijuana and hemp businesses across the country, no matter the size of your operation.

Think of us as skilled business and litigation attorneys with the necessary knowledge and experience within the cannabis industry to help you reach your goals.

Fennemore attorneys cover a broad range of areas within cannabis law, serving as a one-stop-shop for your business’s legal needs, including, but not limited to:

• Business formation and restructuring
• USDA, FDA, and FTC compliance, including labeling, and federal, state, and local regulatory compliance
• Affiliations, mergers and acquisitions, and corporate transactions
• Private placements, public securities offerings, and lending transactions
• Intellectual property counseling, licensing agreements, and trademark applications
• Executive compensation structuring and employee benefits
• Cross-jurisdictional considerations from the local to the international levels
• Supply chain considerations Risk-mitigation and management
• ESG/sustainability: environmental, social, and corporate governance policies and procedures
• International expansion
• Government and policymaking counsel and state and federal legislative and policy advocacy

Our goal is to keep you out of the courtroom; however, when business disputes arise, you need experienced trial lawyers who know your business. As a leader in cannabis law, we have years of extensive experience negotiating shareholder and member disputes, breach of contract or fiduciary duties, and more. Navigating any business dispute can be complicated enough; having a team of litigators with cannabis experience is what you need to earn a favorable result.

Running a business in the cannabis industry can have its challenges. At Fennemore, we can help you with the following cannabis disputes or litigation matters:

• Receiverships; Membership/partnership disputes; Cannabis securities litigation; Commercial cannabis license disputes;
• Lender litigation; Land use and entitlement disputes; Employment disputes; and Alternative dispute resolution.

Finding success in an industry as complex as marijuana requires reliable, consistent legal support with a diverse portfolio to back it, which is precisely what Fennemore provides. Our team has successfully assisted clients in securing merit-based licenses in several states, along with prosecuting non-merit-based applications, and is well-experienced in navigating the many regulatory hurdles cannabis businesses face. As the cannabis industry grows and evolves, assisting clients in implementing a multi-state strategy is becoming increasingly important. Our team regularly assists clients through every step of the process, including: formation and corporate structuring considerations, tax/280E mitigation, forming a strong and effective plan for financing and valuation, applying for necessary licenses in a prepared and comprehensive manner, successfully operating a profitable and compliant business, and managing risks.

Fennemore understands and appreciates the changing nature of hemp legislation and the tremendous growth of the industry. We provide practical counsel in all aspects of our client’s business life cycle, including, corporate formation and structuring, commercial contracting, debt and equity financing and M&A, coupled with nuanced and interlinked counsel on state and local regulatory issues, licensing and labeling compliance, customs import/export issues to federal (FDA and FTC) regulatory considerations, and more. Our team’s institutional understanding and depth of experience will help ensure regulatory compliance while also helping you navigate and succeed in a complex emerging industry.

Although marijuana and hemp have their similarities, our attorneys at Fennemore have a full understanding that each of them carries its own unique set of rules, laws, and regulations. From farm to table, whether you’re a cultivator, processor, product manufacturer, brand, or retailer/dispensary, turn to Fennemore for thoughtful, creative, and strategic guidance.