With the legalization of medicinal and recreational cannabis in various regions of the U.S., the cannabis industry has rapidly expanded to thirty-two states that allow medical cannabis use and 10 states, including the District of Columbia, that allow recreational use of cannabis by adults.
The interaction between federal and the various state laws is complex. Clients whose businesses are affected require attorneys who have a sophisticated understanding of the nuances of applicable state and federal laws, combined with a deep understanding of the economic, regulatory and operational issues that confront the emerging cannabis industry.
Carr Maloney represents clients who face these issues by: advising on federal, state and local laws, regulations and government guidance applicable to cannabis businesses (e.g. The Controlled Substances Act (CSA)), Agriculture Improvement Act of 2018 (also known as the 2018 Farm Bill), The Drug Enforcement Administration (DEA), Department of Agriculture (USDA) and Food and Drug Administration (FDA) regulations and guidance, and state-specific marijuana and hemp regulations); litigating commercial cannabis based matters; providing day-to-day advice and general business counsel; and providing labor and employment counsel, including workplace training and litigating workplace claims.
Carr Maloney’s attorneys possess the experience, knowledge and skill to assist their clients who participate in, or who are otherwise involved with, the cannabis industry in these areas:
- Assessment of business and individual risks under federal and state cannabis-related laws, regulations and guidance
- Civil matters, such as RICO actions, breach of commercial contracts, fraud/misrepresentation and partnership/shareholder disputes
- Products liability, manufacturing defects and failure to warn
- Employment claims
- Challenges to state licensure programs
and Employment Litigation, Training and General advice
- Employment Law Litigation
- Workplace training
- Non-compete and trade secrets
- Executive employment agreements and severance agreements
- National Labor Relations Act (NLRA)
- Business Immigration Laws
Because most cannabis related businesses are entrepreneurial in nature, we also play a critical role in serving as outside general counsel, advising on enforcement of contracts, employment and business immigration laws, intellectual property, and other areas of law related to day-to-day business operations.