Skip to Main Content
Capabilities / Cannabis

Cannabis

Our team has been instrumental in the transition of the U.S. cannabis industry into the commercial mainstream.

Formed at the very outset of the creation of the state-level legal cannabis industry, Husch Blackwell’s Cannabis practice is a national leader in the field, serving the first regulated cannabis markets of Colorado, then California, and now advising clients wherever state law permits. We provide leading industry participants with advice on the unique regulatory compliance issues in their industry; representation in a wide variety of litigation; and sophisticated transactional and corporate legal counsel.

Partnering with our clients, our team has lived and breathed the challenges they face on a daily basis. Operations and processes that many businesses take for granted—such as commercial banking, business insurance, leasing, and access to capital markets—are challenging in the cannabis space, and we have assisted dozens of enterprises in developing the necessary legal framework to operate their businesses and manage risk. The experience of our cannabis law practice is a valuable resource for all of our cannabis clients, including medical and retail centers and cultivators, manufacturers of infused products, testing facilities, marijuana technology companies, landlords, private equity funds, credit unions, and security companies.

Led by a USA Nationwide Tier 1 lawyer in Cannabis Law in the 2023 Chambers USA legal directory, members of the Husch Blackwell cannabis law team have helped clients navigate the complex and ever-changing regulations governing the state legal cultivation and sale of marijuana, industrial hemp, and cannabidiol (CBD). Additionally, the entire firm serves as a resource when the team is dealing with highly complex and novel legal issues on behalf of cannabis clients.

Regulatory compliance

Our team has been immersed in regulatory law for the cannabis, marijuana, and industrial hemp industries from the very beginning, and we continue to devote a significant portion of our practice to assisting clients with compliance. We routinely help manufacturers and operators obtain both medical and retail licenses; assist with FDA label review for products; ensure companies understand federal, state, and local tax implications; advise on day-to-day regulatory and business issues; and assist clients in understanding the varying federal and state regulatory frameworks across the country. We have also represented Canadian companies with cannabis operations in the U.S. and assisted U.S. clients expanding into Canada.

In addition to the above, our team regularly advises cannabis clients on emerging federal regulatory issues including, government relations, strategic planning for adult-use and medical business paths, emerging therapies, and new drug development.

Litigation

We’re also on hand when cannabis clients face litigation—whether it’s specific to their industry or not. In addition to general commercial litigation, including labor and employment matters, contract and transactional disputes, or landlord/tenant issues, we have successfully defended clients in administrative show cause orders, wrongful death and failure to warn lawsuits, and license denials. Members of our team have represented cannabis operators before State Attorney General offices and in both state and federal courts.

Corporate transactions

We have extensive experience representing cannabis clients throughout the transaction process for mergers and acquisitions, securities offerings (both public and private), debt and equity financings, and corporate restructurings, and we regularly oversee the regulatory compliance elements of various transactions, securing the necessary regulatory approvals at both the state and local levels. Team members have advised a seller to the largest privately held, vertically integrated U.S. cannabis company and served as regulatory counsel in an acquisition that made our client the largest cannabis operator in Colorado, the second largest cannabis market in the world.

Representative Experience

Regulatory

  • Assist state-medical marijuana client’s transition to FDA/DEA compliant drug development company.
  • Provide ongoing regulatory, employment, tax, corporate, and securities legal advice to various recreational and medical cannabis clients.
  • Represented a large recreational center in successfully obtaining one of the first retail licenses in Aurora, Colorado.
  • Represented an infused-products manufacturer in successfully obtaining a medical infused products license in Colorado.
  • Represent various medical and recreational centers, infused-products manufacturers, and testing facilities with licensing issues at local and state levels in Colorado.
  • Represent cannabis operators in Colorado with regard to administrative show cause orders, negotiation of remediation plans, and stipulated settlement agreements with state and local agencies.
  • Represent Canadian public companies with cannabis operations in the United States.
  • Represent clients expanding cannabis operations into Canada.
  • Helped keep the Colorado cannabis industry open during the COVID-19 pandemic by writing and reviewing proposed legislation regarding essential business status for cannabis companies.
  • Defended cannabis security company against claims of wrongful discharge and breach of contract by former executive.
  • Assist IP holding companies operating in the U.S. to license proprietary technology and trademarks.
  • Develop and license proprietary technology and trademarks for technology and intellectual property holding companies in the marijuana and industrial hemp industries operating in the United States.
  • Assisting with FDA label review to ensure compliance at both the federal and state levels for CBD products.

Litigation

  • Defended cannabis security company against claims of wrongful discharge and breach of contract by former executive.
  • Helped various separate entities navigate and negotiate a settlement with the Marijuana Enforcement Division related to regulatory issues in 2019.
  • Successfully represented cannabis clients before the Colorado State Attorney General and in court.
  • Assisted in the favorable settlement of the first Colorado wrongful death, failure to warn cannabis lawsuit.
  • Represented vertically integrated operator in arbitration for a stand-alone dispensary that is owned with a minority partner, who alleges client stole money from the ex-partner.
  • Advised vertically integrated operator on membership dispute, which resulted in a $100+ judgment in favor of some members. No liability was found for client. Matter value of $500 million.
  • Successfully defended license denial in Boulder County, Colorado for vertically integrated operator and reversed the regulator’s finding of a denial, which resulted in successfully obtaining a license in Boulder.
  • Represented vertically integrated operator in suing the city of Broomfield in a license denial.
  • Assisting cannabis client with post-acquisition litigation arising from the seller party’s breach of acquisition documents.
  • Represented client in regulatory administration litigation in order to obtain additional licenses in Missouri that were wrongfully denied.
  • Represented landlord for marijuana properties in landlord/tenant litigation.
  • Represented cannabis client in partner/licensee disputes.

Corporate and transactional

  • Advised LivWell Holdings, Inc., in sale to PharmaCann Inc., the largest privately held, vertically integrated U.S. cannabis company.
  • Represented cultivator Los Sueños Farms in $67M sale to Curaleaf.
  • Served as Colorado regulatory counsel for Columbia Care in connection with the acquisition of The Green Solution in Colorado. We assisted with transactional documents as well as obtaining regulatory approval at state and local jurisdictions. At close, Columbia Care became the largest cannabis operator in Colorado, the second largest cannabis market in the world.
  • Represented Nutritional High International in $10M acquisition of California dispensary and cultivation facility.
  • Represented Green Thumb Industries in closing of its acquisition of Fiorello Pharmaceuticals, as well as providing counsel on New York medical cannabis license regulatory issues.
  • Negotiated warehouse leases for numerous landlords and tenants across multiple states throughout the last nine years.
  • Develop client’s consolidation strategy and address antitrust issues using HB developed data-mapping technology.
  • Represented one of the largest cannabis testing facilities in connection with the reverse merger into a publicly reporting Over the Counter Bulletin Board (OTCBB) company.
  • Represent emerging growth cannabis technology and business solution companies in connection with corporate formation, financings, and commercial contracts.
  • Assisted Lightshade Labs in the acquisition of Frosted Leaf, a dispensary in Denver, out of receivership for $3.5 million.
  • Represented Nutritional Elements in the sale of the company to a publicly traded special purpose acquisition company (SPAC).
  • Represent clients in commercial cannabis greenhouse development and financing in multiple states.
Blog | October 16, 2024
Intoxicating Hemp in Wisconsin
Blog | July 24, 2024
BOLO: Cannabis PPP Loan Audits
Blog | April 29, 2024
BOLO: Cannabis Qui Tam Actions
Blog | February 29, 2024
Cannabis Corporate Playbooks
Blog | February 14, 2024
What's in Your "THC Beverages"?
Blog | January 11, 2024
Wisconsin Medical Marijuana…Maybe
Blog | January 02, 2024
A Cannabis Pivot to Smokable Herbs
Blog | December 19, 2023
Top Cannabis Scams of 2023
Blog | December 04, 2023
California Cannabis ABCs
White Papers | December 01, 2023
The Future of Functional Foods

Following the social isolation and public health concerns associated with the COVID-19 pandemic, many Americans reevaluated their health and wellness priorities, creating new opportunities for food systems companies to connect with changing consumer tastes and preferences.

Blog | November 09, 2023
Ohio Marijuana Legalization Hits Home
Blog | November 06, 2023
Cannabis Drinks Hit Total Wine
Video | January 04, 2022
Location Intelligence Solutions - Video
Blog | April 20, 2021
4/20 Marijuana Legislative Update
Blog | March 23, 2021
USDA Final Rule Takes Effect
Articles | October 26, 2020
Marijuana Venture: Innovation on the Rise
Blog | January 02, 2020
With a little help from my friends
Articles | December 31, 2019
Cannabis Concerns? Employer Strategies for Maintaining a Safe Workplace

Employers should evaluate and revise their drug policies to comply with the law and protect the health and safety of their workplace.

Seminars | November 21, 2024
Exclusive Cannabis Law Meet-Up
Speaking Engagements | October 11, 2024
Speaker, "Cannabis Properties," National Business Institute
Speaking Engagements | January 13, 2023
Speaker, "Navigating Amendment 3 Webinar," The Missouri Chamber
Webinar | March 2021
Colorado MED Rulemaking Update
News Releases | October 18, 2021
Husch Blackwell Guides LivWell in Sale to PharmaCann
News Releases | December 06, 2021
Husch Blackwell Elects 36 to 2022 Partnership Class
Media Mentions | February 16, 2021
NACS News: Cannabis Industry Grows on Capitol Hill
News Releases | May 19, 2020
Husch Blackwell Represents Schwazze in Landmark Cannabis Transaction

The transaction is the first to close after a change in Colorado law pursuant to House Bill 19-1090, allowing for publicly traded companies to own Colorado cannabis licenses.

News Releases | February 12, 2020
Husch Blackwell's Banking and Finance Group Adds Two in Wisconsin

“Growing our Wisconsin-based banking and finance team has been a priority for our firm over the past few years,” said Eric Lenzen, leader of the firm’s Financial Services & Capital Markets group.

Media Mentions | January 23, 2020
Law360's Weekly Verdict: Legal Lions & Lambs (1/23/20)
Media Mentions | January 17, 2020
5280 Magazine: Denver's Top Lawyers 2020
Media Mentions | January 17, 2020
Ag Professional: Is Hemp the New Soybean?

The group is able to handle complex regulatory and transactional matters and they provide high-quality service.

Chambers USA 2024