Industries & Practices

Cannabis

Cannabis

    Managing this dynamic and rapidly evolving area of law, we help clients in various industries navigate the intricacies of local, state and federal law related to cannabis.

    Our multidisciplinary team guides clients through all aspects of the emerging legal issues presented by the legalization of medical marijuana, hemp, CBD and related products. As the use of medical marijuana, CBD-infused products, and industrial hemp spreads across the county and state, we are positioned to advise clients on the changing legal landscape and help them foresee and eliminate issues and capitalize on industry opportunities.  

    Both federal law and Ohio’s Medical Marijuana Control Program (MMCP) oversee a complex set of guidelines related to cultivation, processing, dispensing and sales, as well as medical care and treatment. Since the MMCP was first launched, our attorneys have worked with hemp and marijuana-related businesses, financial institutions, employers, school districts, business owners, health care providers and trade associations on a variety of issues, including licensing, contracts, banking, financing, transactions, real estate, employment, government relations and intellectual property matters.

    For growers/processors/distributors of medical marijuana and hemp products:

    • Licensing for cultivation, processing and dispensing
    • Litigation, enforcement actions and administrative proceedings
    • State, local and federal regulatory compliance advice and planning
    • Banking and finance
    • Entity formation, mergers, acquisitions and other corporate transactions
    • Real estate development, land use and leasing
    • Intellectual property protection
    • Taxation issues

    For employers:

    • Workplace policies and procedures concerning the use, possession and disposal of controlled substances
    • Drug testing obligations and standards
    • Management training to observe, document and react to suspected drug use or impairment
    • Obligations under the Americans with Disabilities Act
    • Workers’ compensation considerations

    For school districts:

    • Presence of medical marijuana and CBD products on school grounds
    • Staff member possession or administration of marijuana or CBD products
    • Staff or student impairment
    • Student athlete considerations
    • Parent use/administration requests
    • Employee accommodation

    For health care entities:

    • Policies and procedures governing whether employed physicians can recommend medical marijuana
    • Liability issues surrounding the use or administration of medical marijuana
    • Policies regarding employees’ possession and use of medical marijuana
    • Policies regarding patients’ possession and use of medical marijuana
    • Policies regarding the disposal of medical marijuana and other controlled substances
    Marijuana remains a controlled substance. Its possession, use, distribution and/or sale is prohibited by federal law. The advice of our attorneys is limited to assistance of clients regarding conduct expressly permitted under Ohio’s Am. Sub. H.B. 523 of the 131st General Assembly, authorizing the use of marijuana for medicinal purposes and any state statutes, rules, orders or other provisions implementing the act, as expressly permitted by Rule 1.2(d)(2) of the Ohio Rules of Professional Conduct. No advice or resources provided by one or more of our attorneys is intended to provide any guidance or assistance in violating federal law or the laws of any state.

    Areas of Focus

    Agriculture & Environmental

    Our team of environmental attorneys assist farmers, cultivators and processors in navigating agricultural and environmental regulations that impact the hemp and medical marijuana industries.

    Employment & Labor

    Our attorneys are committed to providing the insightful employment advice and dedicated representation that lives up to our reputation for success. We educate employers on how cannabis law affects their organizations and employees by anticipating complications, assisting them in preventative measures and helping maintain a flexible and accommodating employment operation.

    Education Law

    We partner with administrators and school leaders to help them understand and comply with federal, state and local cannabis laws and assist school districts in proactively managing student and staff issues regarding the possession and use of marijuana, hemp and CBD products.  

    Litigation

    The legalization of cannabis has created unique legal issues that can easily lead to hotly contested disputes and regulatory minefields. Whether facing civil litigation or regulatory scrutiny, our clients rely on us to deliver results while preserving resources and protecting relationships. Specifically, we are experienced in litigation and administrative enforcement proceedings arising from cannabis-related matters.

    Health Care Law

    Our health care attorneys are known, both individually and collectively, for their knowledge of our clients’ operations and the unique policy, regulatory and business issues they face. When it comes to medical marijuana, we ensure that providers are able to compliantly manage the recommendation, distribution and administration of cannabis products, as well as the various regulatory issues that arise with medical marijuana. 

    Intellectual Property

    Our team’s technical background, broad legal and business knowledge, and deep experience in evaluating, protecting, enforcing and licensing intellectual property helps health care organizations safeguard their portfolios of intangible resources.

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    Government Relations

    Our team of lawyer-lobbyists uses firsthand knowledge of election, ethics, lobbying and contracting law to influence the cannabis-related issues that directly impact the operations of our clients. Our longstanding service to companies, associations and coalitions, especially the Ohio Manufacturer’s Association, has earned us an effective voice with legislators and regulators.