Innovative Industries Need an Innovative Law Firm
Cannabis Law
To effectively represent a business client, a lawyer needs to understand not only the law, but also the business. This is even more true for the cannabis industry. Cannabis businesses face challenges unique to cannabis and requires that you have a lawyer who has a true understanding of how the cannabis industry operates and can recognize opportunities and protect you from pitfalls.
We strive to provide the highest level of service to entrepreneurs in the cannabis space. Providing guidance to start-ups or companies in virtually all phases of their lifecycles, we can act as outside general counsel, advising on contract issues, compliance, intellectual property, employment law, and other areas of law from day-to-day business operations to beyond. Our commitment is to always provide our clients with exceptional value by combining our in-depth, cannabis industry-specific knowledge with solutions carefully tailored to our clients needs.
- Start-Up Advisory, Business Plan Development, and Business Strategy Planning
- Business Entity Selection and Registration – Drafting of Governance Documents
- License Application Services for Cultivators, Manufacturers, and Retailers
- Vetting Properties for Suitability for Cannabis Use
- Public and Community Relations
- Federal and/or State Trademark and Copyright Protection
- Commercial and Employment Contracts, Non-Disclosure, Non-Circumvention, Non-Competition Agreements, Licensing Agreements
- Intellectual Property Protection
- Federal, State, and Local Law and Regulatory Compliance
- Commercial Lease Drafting, Review and Advisement
- Due Diligence Review
- Litigation and Dispute Resolution
Hemp and CBD Law
The legal landscape facing Hemp and CBD businesses is incredibly complex and extremely challenging to navigate without a clear pathway. The Agricultural Act of 2014 (2014 Farm Bill) established hemp research pilot programs and spurred the launch of the CBD industry. The Agriculture Improvement Act of 2018 (2018 Farm Bill) marked a watershed in the regulation of cannabis in the United States. The 2018 Farm Bill made hemp production and distribution legal under federal law and established shared oversight by federal, state, and tribal authorities.
Since 2014, 40 states have implemented Hemp cultivation programs. Each state’s hemp regulations are unique. To further complicate matters, attorneys need to understand the intersection of federal law, state law, FDA regulations, and provide guidance and risk assessment when state and federal laws are frequently in conflict with each other. We can guide hemp businesses through this maze to emerge with a legal, compliant enterprise.
- Application and License Assistance for Industrial Hemp Cultivation and Processing
- Entity Formation and Structure, Accounting for Complexities Resulting from State-Specific Laws and Regulations
- USPTO Trademark Applications and Prosecutions
- Best Practices Advisement on the Manufacture, Marketing, Labeling, and Distribution of Hemp and CBD Products
- Counseling Clients on Trends and Changes in Laws and Regulations
- Non-Compete, Employment, and Trade Secret Agreements
- Outside General Counsel Services
- Operational Issues and Contract Negotiations
- Public and Community Relations
Psychedelic and Entheogen Law
Interest in psychedelics and entheogens is experiencing a renaissance. Scientific research and a shifting public views are making a strong case for policy changes to allow use for research and therapeutic use as well as religious and ceremonial use. Psilocybin mushrooms have been decriminalized Denver, Oakland, Santa Cruz, Ann Arbor and Washington D.C.. In November 2020, voters passed Oregon Ballot Measure 109, making Oregon the first state to both decriminalize psilocybin and also legalize it for therapeutic use. Researchers at institutions worldwide such as Johns Hopkins, Harvard, Yale, UCLA, NYU, Stanford, University of New Mexico, University of Zurich, Imperial College London have demonstrated the potential of psychedelic compounds as medicine.
Others are approaching access to psychedelics and entheogens as a religious freedom issue. Many traditional cultures have recognized the value of these substances for both healing and spiritual growth. In 2006, the U.S. Supreme Court held that under the Religious Freedom Restoration Act, the government had failed to show a compelling interest in prosecuting religious adherents for imbibing sacramental ayahuasca tea in during services. Several cases are currently in litigation challenging the DEA’s restrictions on access to psychedelics as illegal under federal law and unconstitutional.
Many believe that psychedelics and entheogens are poised in a similar position as cannabis was at the outset of legalization. While there is much uncertainty, some are seeing opportunities in therapy, as method of spiritual expression, and as commercial enterprises. Whether clients interests are therapeutic, research, or religious in nature, we are here to assist them.
- Risk Management for Practitioners, Therapists, and Health Care Professionals
- Protecting Religious Use of Traditional Entheogenic Substances
- Issuing Opinion Letters
- Advising Clients on Potential Strategies under Current as well as Anticipated Changes in Federal, State and Local Law
- Intellectual Property Protection and Strategies
- Business Formation
- Outside General Counsel Services
Trademark Law
Your trademark is one of your businesses most valuable assets. It is literally how your customers identify who your are. The cost, energy, and disruption of having to rebrand due to a conflicting trademark can be catastrophic to your business. Trademarks, when developed wisely and protected, may become tremendously valuable assets. We develop strategies to maximize trademark value and protectability. We work hand in hand with clients to develop and protect their brands and trademark portfolios to meet their business goals.
We also have a nuanced understanding of the USPTO’s constantly changing policies on CBD and hemp trademark registration. CBD and hemp companies face very specific requirements for trademark registration. We understand these requirements and can help clients craft specific strategies to maximize your brand’s success and protection.
We are able to assist clients from the earliest stages of selecting and clearing proposed brand names to post-registration trademark monitoring and portfolio management. We are also able to assist clients with trademark licensing, as well as protecting their trademarks from potential infringers.
- Trademark Clearance Searches
- Trademark Application Preparation
- Office Action Responses
- Trademark Watch Services
and Enforcement - Trademark Change of Ownership
- Trademark Portfolio Management
- Trademark Renewal Filings
- Trademark Opposition Proceedings
- Trademark Cancellation Proceedings
- Trademark Litigation
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It is our pleasure to learn about your business. Whether you are an entrepreneur launching a new venture or an established enterprise in need of some advice, we would love to speak and see how we can assist you.