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Cannabis Industry

Benesch’s Regulated Industries Group provides counsel on complex legal, business and regulatory issues relating to one of the nation’s fastest-growing industries – recreational and medical cannabis. Our team of attorneys and professionals combines broad-based legal experience across numerous practices including corporate, healthcare, intellectual property, information technology, transportation and logistics, labor and employment, regulatory, environmental, litigation, real estate, construction and public law in both the private and public sector in order to help our clients handle the business challenges and opportunities in this unique industry. Benesch is experienced in the intersection of state-sanctioned medical marijuana regulations and the above practice areas.

The firm’s attorneys have considerable experience across the country and understand the regulations and laws that vary by state. Benesch has the experience to help your business navigate through the multi-faceted and ever changing regulatory framework for the cannabis industry.

Of critical importance are the legal services related to the underlying purchase or lease of real estate that will be utilized in connection with the operation of the cannabis-related business. Formation of investment vehicles necessary to fund these projects requires extensive corporate and securities expertise, and intellectual property protection is fundamental to marketing the finished product and building brands that will grow in value.

The legalities of cannabis also reach into the sphere of public policy. Currently dozens of townships and municipalities are placing temporary moratoriums on cannabis operations as they weigh how to respond to the new and fast-changing laws. The attorneys at Benesch are able to help communities draft ordinances reflecting their sensibilities and core values.

Our range of experience is extensive and covers all areas to help businesses navigate the complex state licensure requirements applicable to cannabis cultivators, processors, and dispensaries as well as advising clients on medical and recreational cannabis programs and how such programs would affect business.

If you want to be a part of the emerging cannabis industry, or properly manage its consequences, Benesch’s Regulated Industries Group will help make you a smart, well-prepared and successful player.

Services include:

  • Preparing and processing medical marijuana applications with state regulatory agencies and boards
  • Legal analysis on medical marijuana programs
  • Strategic counseling for entities operating in the cannabis industry
  • Counseling for entities expanding current cannabis operations into other jurisdictions
  • Legal analysis on Hemp and Cannabidiol products including analysis of relevant FTC and FDA regulations
  • Preparing and filing United States Trademark applications for cannabis products
  • Government relations, including providing regulatory compliance support and advocacy before legislative and regulatory bodies
  • Drafting and negotiating contractual agreements, including negotiating the purchase and/or lease of property for grow sites & zoning
  • Counseling for employers regarding employment policies procedures related to employee cannabis use
  • Counseling for health care providers in developing, implementing and monitoring policies for patient/resident use of medical marijuana in the health care settings including inpatient settings
  • Investigations related to drug diversion including medical marijuana in health care settings