We are constantly tracking the latest developments in cannabis and how they will impact our clients, their businesses, and the future of the industry. Our commitment is to provide efficient and effective communications that summarize these shifts for our clients and prospects, and outline how to prepare for what lies ahead.
If you would like to stay informed, please sign up to receive Nixon Peabody’s cannabis law alerts or view our library of past thought leadership.
Our cannabis clients need trusted legal advisors who can provide guidance on how to comply with complex and fundamentally contradictory federal and local regulations. Although more states are legalizing marijuana for recreational and medicinal purposes, cannabis remains illegal under federal law. The burgeoning cannabis industry presents a wealth of opportunity for companies, investors, entrepreneurs and service providers that are able to successfully navigate this unique landscape. Our clients are key participants in an industry that has the potential to spur major economic development opportunities—boosting investment, creating jobs and raising revenue for states and municipalities through sales taxes and licensing fees.
We work with new and existing clients from a broad range of industry segments who see the opportunity of the cannabis market, including strategic companies, financial sponsors, investors, dispensaries, laboratories, marketers, advisors, manufacturers and distributors.
Working across offices, our attorneys leverage their experience in business structuring; commercial transactions; real estate; M&A; tax; intellectual property; local, state and federal laws and regulations; stock exchange listing requirements; dispute resolution; governmental enforcement; employment; health care; private equity; and more to provide a multi-faceted approach that covers every aspect of the sector.
We review, analyze and understand state medical and recreational marijuana laws, and how these laws work within the legal framework, to assist you in complying with existing laws and regulations. In addition to helping cannabis-related businesses get organized and operate successfully, we represent investors and acquirers as they consider and structure their investments in and acquisitions of cannabis-related enterprises and advise on intellectual property matters, including licensing and supply agreements, patents and trademark registration strategies.
Our work is international—we provide advice to the cannabis industry on a global scale.
Rochester Business Journal | January 21, 2022
Rochester Corporate partner and Cannabis practice co-leader Lori Green is quoted throughout this special report for her thought leadership on how New York’s legalization of recreational cannabis sales may affect the state’s medical marijuana industry.
Cannabis Business Executive | November 03, 2021
San Francisco partner Alison Torbitt and Los Angeles associate Stratton Constantinides, both of the Affordable Housing & Real Estate group and Environmental & Land Use team, contributed this article on the challenges and opportunities facing businesses that produce both wine and cannabis in California.
WHAM-TV | October 21, 2021
Rochester Labor & Employment partner Kim Harding analyzes new guidance from New York State’s Department of Labor regarding the implementation of the state’s law legalizing recreational marijuana use. Under the law, most employers are prohibited from testing employees for marijuana or discriminating on the basis of cannabis use.
Politico Pro | October 05, 2021
San Francisco Labor & Employment associate Hillary Baca, also a member of the firm’s Cannabis practice, is quoted in this article on how pressures of the recent labor shortage and changing attitudes toward cannabis have some employers reconsidering drug-testing policies. The article is based on a client alert Hillary co-authored with Rochester Labor & Employment partner Kim Harding.
HR Dive | August 13, 2021
Rochester Labor & Employment partner Kim Harding co-wrote this contributed article highlighting three common pitfalls for employers as they comply with the patchwork of state and federal laws regulating the use of legal cannabis by their employees.
Rochester Business Journal | August 06, 2021
This article, focusing on the federal prohibition on marijuana and the challenges faced by businesses, quotes Cannabis co-leader and Rochester Corporate partner Lori Green on the risks to banks and credit unions when financing cannabis-related businesses and alternative financing options for businesses that want to enter this industry.
Benzinga | July 09, 2021
This article on what investors and entrepreneurs should know about Illinois’ cannabis industry quotes Chicago Corporate partner Gary Levenstein, an active member of the firm’s Cannabis practice, on the state’s commitment to social equity and its financial performance as well as how sales to residents of bordering states where cannabis remains illegal could be helping Illinois’ cannabis industry.
GreenState | June 15, 2021
Rochester Labor & Employment partner Kim Harding is quoted in this article on Amazon’s announcement it will stop testing job seekers for cannabis, noting the impact of Amazon’ s decision at a national level and adding that Amazon’ s support of the MORE Act lends a great deal of credibility to the proposed legislation that would legalize marijuana at the federal level.
Boston Business Journal | May 12, 2021
This article looking at why the majority of Massachusetts banks are still wary of cannabis-related transactions quotes Boston Government Investigations & White-Collar Defense partner Rob Fisher on the compliance and regulatory burden banks face and that cannabis transactions may not be worth the trouble.
Cannabis Business Executive | May 09, 2021
Corporate partner and Tax team member Rick Cox and Corporate associate Vince Tennant, both of the New York City office, contributed this article on careful tax planning for cannabis companies, which are denied certain business expenses since cannabis remains illegal at the federal level.
Cannabis Law Report | April 19, 2021
This wide-ranging discussion of New York’s legalization of recreational cannabis includes commentary from both Cannabis practice co-leader and Rochester Corporate partner Lori Green and Rochester Labor & Employment partner Kim Harding.
Albany Business Review | April 12, 2021
In this Q&A feature, Cannabis practice co-leader and Rochester Corporate partner Lori Green discussed New York’ s legalization of recreational cannabis and what it means for businesses looking to get into the industry as well as those already working in the state under a medical marijuana license.
Spectrum News | March 31, 2021
This news segment on the legalization of marijuana in New York quotes Rochester Labor & Employment partner Kim Harding on how the enforcement of marijuana in the workplace will likely be similar to alcohol.
WROC-TV | March 29, 2021
The following television news segment on New York State’s pending marijuana legalization bill quotes Rochester Labor & Employment partner Kim Harding on how the enforcement of marijuana in the workplace will likely be similar to alcohol.
WHAM-TV | March 27, 2021
The following TV news segments cover New York’s pending marijuana legalization bill and how it may affect the workplace. Rochester Labor & Employment partner Kim Harding is quoted on the exclusion of marijuana in drug screens and its protected use outside the workplace. Cannabis practice co-leader and Rochester Corporate partner Lori Green is quoted in WHEC-TV’s segment on how the group is staying on top of marijuana legislation across the U.S., to better serve NP’s clients.
WHEC-TV | March 26, 2021
The following TV news segments cover New York’s pending marijuana legalization bill and how it may affect the workplace. Rochester Labor & Employment partner Kim Harding is quoted on the exclusion of marijuana in drug screens and its protected use outside the workplace. Cannabis practice co-leader and Rochester Corporate partner Lori Green is quoted in WHEC-TV’s segment on how the group is staying on top of marijuana legislation across the U.S., to better serve NP’s clients.
Cannabis Business Executive | March 19, 2021
New York City Government Investigations & White-Collar Defense partner Travis Hill contributed this article analyzing the two pending marijuana bills before the New York state legislature. The article is based on Travis’ recent client alert.
Food Business News | March 16, 2021
Government Investigations & White-Collar Defense deputy practice group leader and Boston partner Hannah Bornstein is quoted in this article on cannabidiol in food and beverage products for her outlook on therapeutic and marketing claims made by F&B manufacturers as areas of concern for the Food and Drug Administration.
Law360 | March 02, 2021
This article, on the trial of two men accused of tricking banks into approving marijuana-related transactions for delivery service Eaze Technologies, covers Tuesday’s testimony by an Eaze executive under an immunity agreement. The story mentions Boston Government Investigations & White-Collar Defense partner Rob Fisher and associate Scott Seitz for representing the Eaze executive in the case, which could have profound consequences for the U.S. marijuana industry.
Cannabis Business Executive | February 25, 2021
Cannabis practice co-leader and Rochester Corporate partner Lori Green and New York City Complex Commercial Disputes associate Catherine Savio contributed this article on New York Governor Andrew Cuomo’s amendments to a proposed plan to legalize adult-use cannabis in New York State.
Rochester Business Journal | February 12, 2021
Rochester Corporate partner and Cannabis practice co-leader Lori Green, Rochester Corporate associate Brandon Coyle, and New York City Complex Commercial Disputes associate Catherine Savio, all of the Cannabis practice, contributed this article discussing the legislative path toward legalized adult-use marijuana in New York State and best practices for businesses to prepare now.
Cannabis Business Executive | January 13, 2021
Following New York’s reintroduction of a bill that would legalize and tax adult-use recreational marijuana, Rochester Corporate partner and Cannabis practice co-leader Lori Green, New York City Complex Commercial Disputes associate Catherine Savio, and Rochester Corporate associate Brandon Coyle contributed this article highlighting key focus areas for those looking to enter the potential new industry.
Crain’s New York | January 01, 2021
This op-ed by Cannabis practice co-leader and Rochester Corporate partner Lori Green, which published the same day that adult recreational use of cannabis in New Jersey became legal, makes the case for New York State to close the gap by discussing the benefits of job creation, tax revenue, and racial and social justice reform.
Massachusetts Lawyers Weekly | November 25, 2020
This article—covering challenges that some businesses, including indirect marijuana businesses, could face as they apply to have PPP loans forgiven—quotes Boston Complex Commercial Disputes partner Morgan Nighan on borrowers’ potential legal argument that loan forgiveness denials are based on SBA guidance that is unlawful because it conflicts with language of the CARES Act.
Cannabis Business Executive | November 25, 2020
On the heels of New Jersey’s vote to legalize cannabis, Rochester Corporate partner and Cannabis practice co-leader Lori Green, New York City Complex Commercial Disputes associate Catherine Savio, and Rochester Corporate associate Brandon Coyle wrote this contributed article on potential side effects for neighboring New York and actions for businesses anticipating legalization in the Empire State.
Massachusetts Lawyers Weekly | November 04, 2020
This article, covering the Massachusetts Supreme Judicial Court’s decision that a workers’ comp insurer could not be required to reimburse for medical marijuana expenses, quotes Cannabis practice co-leader and Boston Government Investigations & White Collar Defense partner Rob Fisher on the issue of forcing an industry to get involved in something that’s illegal at the federal level.
Law360 | September 21, 2020
Manchester Government Investigations & White-Collar Defense partner Mark Knights is quoted in this article on a Massachusetts marijuana dispensary’s lawsuit alleging the state’s Cannabis Control Commission has failed to take action on the dispensary’s license application for nearly three times the 90-day prescribed turnaround time. The article mentions Mark and Boston Government Investigations & White-Collar Defense associate Charles Dell’Anno for representing the dispensary, Northeast Alternatives.
Marijuana Venture | August 10, 2020
San Francisco partner Alison Torbitt, who co-leads NP’s Food, Beverage & Agribusiness team, and San Francisco Labor & Employment associate Hilary Baca co-wrote this contributed article on how cannabis retailers can revamp their stores and policies to stay in compliance with state and local laws, while helping to prevent the spread of communicable illnesses to customers and employees.
Rochester Business Journal | August 07, 2020
In its “Business of Cannabis” special report on recreational marijuana, the Rochester Business Journal extensively quotes Cannabis practice co-leader and Rochester Corporate partner Lori Green in two articles for her outlook on legalized recreational use and the potential positive economic impact to businesses, both local and statewide.
Rochester Business Journal | August 07, 2020
In its “Business of Cannabis” special report on recreational marijuana, the Rochester Business Journal extensively quotes Cannabis practice co-leader and Rochester Corporate partner Lori Green in two articles for her outlook on legalized recreational use and the potential positive economic impact to businesses, both local and statewide.
Partner
Co-Leader, M&A and Corporate Transactions Team
Co-Leader, Cannabis Practice
Phone: 585-263-1236
Partner
Practice Group Leader, Government Investigations & White Collar Defense
Phone: 617-345-1335
Partner
Phone: 312-977-4108
