With the legalization of marijuana for adult use in New York State – and the growing commercial interest in medical marijuana, cannabidiol (CBD) and other cannabinoids – it is now more important than ever to be up to speed on the ever-changing federal, state and local cannabis-related legal issues impacted by this new market.

Phillips Lytle has a fully integrated team of attorneys and scientists that can address the myriad issues in the marijuana and hemp industries. We work with growers, extractors, manufacturers, distributors, retailers and dispensaries, real estate developers, investors and transportation companies to provide advice, thought leadership and dispute resolution for your business to succeed.

Our capabilities:

  • Agriculture/Environmental
    • Land use
    • Nuisance
    • Right-to-farm law
    • Seed genetics and seed contracts
    • Supply contracts
  • Banking and Finance
    • Private equity, debt and other financing
    • Traditional financial institutional financing
  • Corporate
    • Assistance with contract language
    • Business formation
    • Commercial agreements
    • Equity financing
    • Private placement
  • Customs
  • Intellectual Property
    • Confidentiality and non-circumvent agreements
    • Licensing agreements
    • Trademarks and patents
  • Labor & Employment
    • Discrimination and harassment
    • Drug and alcohol testing and policies
    • Employee discipline and termination
    • Employee leave laws
    • Employee policies and handbooks
    • Reasonable accommodations
    • Unions and collective bargaining
    • Wage and hour compliance
    • Workplace investigations
    • Workplace safety
  • Litigation
    • Breach of contract
    • Collections and accounts receivables
    • Contractual disputes
    • Mediation/arbitration
    • Non-compete/non-solicitation
    • Product labeling issues
    • Product liability
    • Shareholder disputes and business dissolutions
  • Real Estate
    • Leasing issues
    • Zoning and other development issues
  • Regulatory Compliance and Manufacturing Processes
    • State and federal level, including cGMP and FDA compliance
  • State and Federal Regulation of CBD and Other Hemp-Derived Cannabinoid Products

Representative examples:

  • Applied for and obtained federally registered trademark for CBD manufacturer and retailer.
  • Represented investors in debt-equity transactions in cannabis businesses.
  • Represented industrial hemp growers and processors in successful bids for Research Partner Agreements in New York State.
  • Defended an industrial hemp manufacturer against governmental investigations, including by the Department of Homeland Security.
  • Provided advice to numerous manufacturers and distributors regarding United States and Canadian law compliance regarding supply contracts, travel requirements, and employee contacts and interactions with cannabis producers.
  • Provided guidance to cannabinoid extractors and manufacturers regarding marketable products and labeling issues under New York State and federal regulations.

On a continuous basis, we assist with:

  • Representing a hemp grower in ongoing multimillion-dollar commercial litigation.
  • Representing numerous cannabis companies for ongoing outside counsel assistance, including employment and non-compete agreements, nondisclosure agreements and independent contractor agreements.
Practice Area Icon: Cannabis