Cannabis Practice

Overview

As the legalized cannabis industry expands across the U.S., entrepreneurs, investors, and other stakeholders require sophisticated and experienced counsel to guide them across a rapidly changing legal and regulatory landscape. Lowenstein Sandler’s multidisciplinary Cannabis Practice offers a comprehensive range of regulatory, transactional, and litigation services to help clients manage the full spectrum of issues and opportunities inherent in the cannabis ecosystem, both medical and recreational.

We work with domestic and international businesses at every level of the cannabis supply chain – from growers, manufacturers, and retailers to investors, real estate developers, and service providers. Since states began legalizing cannabis for medicinal use, we have represented dispensaries, landlords, food and beverage companies, testing laboratories, and pharmaceutical and biotech firms, to name a few. Our team’s depth of experience helping startups navigate the challenges and risks associated with emerging industries is particularly pertinent in this sector, where federal and state laws may conflict.*

Lowenstein’s Cannabis Practice provides counsel in the following areas:

*Disclaimer: Possession, use, distribution, and/or sale of cannabis and cannabis products continue to be illegal under federal law. Any content contained herein is not legal advice. Any advice we do provide after establishing an attorney-client relationship is not intended to assist with violation of any state or federal law.

EXPERIENCE

Serve as outside general counsel to a California-based company that develops beverage formulas and recipes, logos, and trademarks for cannabis drinks and that licenses its intellectual property to a third-party manufacturer for bottling, distribution, and royalty collection
Represent several Alternative Treatment Centers in New Jersey, advising on all corporate and regulatory matters connected to their cannabis operations
Represent a pharmaceutical company in securing patents for dronabinol (synthetic THC) formulations and methods of use
Represent landlords, tenants, sellers, and purchasers of sites for cannabis retail or cultivation operations in conjunction with submission of license applications to the New Jersey Cannabis Regulatory Commission
Serve as counsel to one of the largest Israeli-based CBD branding companies
Represented a cannabis dispensary in the structuring and formation of its New York City store, which included complex issues related to structuring for qualified small business stock (QSBS) benefits and addressing the concerns of a non-profit partner
Served as regulatory counsel to a licensed medical marijuana company, obtaining approval for it to transition from a non-profit enterprise to a for-profit enterprise
Represented a large upstate New York CBD processing and distribution company in its pursuit of an adult-use cannabis license
Represented a publicly listed Canadian cannabis company in obtaining local land use entitlements for the development of a cutting-edge 110,000-square-foot cultivation center in Gloucester County, NJ
Represented a cannabis company in connection with several proposed acquisition transactions as well as support for organizational and other general corporate matters
Represented Canadian SPACs in the acquisition of over a dozen U.S. dispensaries
Represented a cannabis company in securing a patent application for pharmaceutical formulations and methods of use based on a novel strain of cannabis, sativa L., and its corresponding terpene profile
Represented Roth Capital Partners, LLC in their roles as sales agent for an “at-the-market” offering of up to $50 million of common stock and lead underwriter in a $10.5 million public offering of common stock for a Colorado-based health and wellness product provider engaged in the development, marketing, sales, and distribution of natural ready-to-drink beverages under several brands, including a line of cannabis-infused beverages
Represented private investors in the sale of equity interests in connection with potential investments in cannabis companies operating in various states
Represented medical doctors in securing patent applications related to ocular and stress management cannabis formulations and methods of use
Represented one of the largest Native American tribes in the promulgation of its adult-use cannabis regulatory framework