Our cross-functional team advises clients globally on the legality, risks, and compliance requirements for those individuals or businesses considering entering the emerging cannabis industry. Given the unique legal and regulatory challenges in this evolving industry, the differences in legality of hemp and marijuana, as well as the variety of approaches from country to country, and even within certain countries, clients that want to engage directly or indirectly in the cannabis industry are best served by advisors with knowledge of the rapidly changing laws. Arnold & Porter's cross-functional team understands the industry and its legal issues:
- Our compliance and regulatory practices advise on cannabis prohibitions and regulation in the health and financial sectors by US and European agencies, including food/drug/cosmetic regulators, banking regulators, insurance regulators, and state and local agencies. We also have relationships with counsel in other countries to advise on cannabis regulatory regimes outside the US and Europe.
- We counsel clients on mergers, acquisitions and investments in domestic and foreign cannabis operations where those operations are legal and provide advice on corporate structure and governance issues. We advise clients on how to protect their most important assets during all phases of their product development and marketing. This can include advice on patents, copyrights, trademarks, rights of publicity, and trade secrets, including counseling on the patentability of cannabis plants, natural products, and extract formulations.
- We work with organizations to design and develop policy and guidance pertinent to the pesticides, fungicides, and antimicrobials used in the cultivation of cannabis crops.
- We counsel clients on emerging laws and lobby for appropriate regulatory and legislative changes for cannabis and cannabis products such as CBD products.
- We defend clients accused of non-compliance, whether by federal, state, or local prosecutors or regulators or private plaintiff's attorneys.
- Legal Compliance and Risk Assessment
- Regulatory Counseling
- Cross Border Transactions
- Corporate, Finance and Tax
- Intellectual Property
- Pharmaceutical companies
- Financial institutions