Cannabis Law



Wilson Elser’s Cannabis Law Practice assists growers, processors, distributors and vendors within the cannabis industry as well as organizations outside the industry impacted by cannabis legalization.

Avoiding difficulties − if not disaster – throughout the cannabis chain hinges on the intelligent and consistent handling of interrelated governance, commercial, employment, product liability, risk management and coverage issues. Startups in particular face daunting and often unanticipated legal challenges that may undermine otherwise sound business plans.

Collectively, our attorneys command the experience to tackle the legal issues of greatest importance in this space, such as corporate formation and governance, commercial transactions, product liability, professional liability, labor and employment, intellectual property, licensing and regulatory issues, tax assistance and insurance coverage analysis.

Whether representing business entities, individuals or insurance carriers, we form multidisciplinary teams to deploy those resources best aligned with our clients’ needs. These collaborations frequently spawn innovative resolutions to complex legal problems and generate substantial cost and time efficiencies, as clients avoid having to coordinate the efforts of multiple law firms.

Wilson Elser attorneys are well acquainted with the regulations governing this industry and the policies and politics behind them. We continually monitor regulatory bodies to keep clients current with changes in legalization, licensing and regulations lest they unknowingly run afoul of the latest requirements. When necessary, we are quite literally by each client’s side, providing counsel at regulatory hearings.

Legal services provided by the attorneys in our Cannabis Law Practice include:

  • Business formation and governance
  • Commercial transactions
  • Regulatory compliance
  • Labor and employment
  • Professional liability
  • Product liability
  • Intellectual property
  • Insurance coverage
  • Tax assistance
  • General counsel services.
  • Caveat: Federal Law

    Although the U.S. Department of Justice has noted that an effective state regulatory system and a marijuana operation’s compliance therein should be considered in its exercise of investigative and prosecutorial discretion, its authority to prosecute violations of federal law is not diminished by the passage of state laws that may decriminalize such activity. Law or policy covering this industry may change at any time.