Services

Cannabis

Benesch’s nationally recognized Cannabis Industry Group provides a comprehensive range of legal services to clients navigating this dynamic and ever-changing area of the law. Our team boasts a deep understanding of the legal and business complexities that encompass all facets of operation within the cannabis and hemp industries.

Our attorneys and professionals incorporate broad-based experience across various practices areas, including corporate law, intellectual property, securities, labor and employment, environmental law, litigation, real estate, transportation and logistics, information technology, construction and government relations. We are well-versed in the state regulatory frameworks governing these sectors, enabling us to effectively guide our clients through the unique challenges and opportunities presented by this industry.

Our Cannabis practice is recognized by Chambers® and The Legal 500, and our lawyers have received numerous state and national accolades.

Services include:

Preparing and processing cannabis applications with state and municipal regulatory agencies and boards
Drafting and negotiating mergers, acquisitions, asset sales and other corporate transactions
Legal support for cannabis businesses raising capital and entering into investment transactions
Strategic counseling for entities operating in the cannabis industry
Counseling for entities expanding current cannabis operations into other jurisdictions
Guidance relating to the production and national trade of hemp, including cannabidiol (CBD) and psychoactive cannabinoids
Intellectual property protection and monetization strategies, including state and federal trademark applications, brand licensing, white label arrangements and technology licensing
Government relations, including providing regulatory compliance support and advocacy before legislative and regulatory bodies
Advertising and marketing compliance
Litigation, including business disputes and employee suits
Drafting and negotiating contractual agreements, including third party vendors, supply agreements, and terms and conditions
Drafting and negotiating lease, purchase and other real estate documents related to cannabis
Counseling for employers regarding employment policies and procedures related to employee cannabis use
Counseling for health care providers in developing, implementing and monitoring policies for patient/resident use of medical marijuana in the healthcare settings, including inpatient settings
Investigations related to drug diversion, including medical marijuana in healthcare settings
Court and administrative litigation arising out of licensing decisions of state cannabis licensing agencies
Post-licensure guidance and strategy for market entrance

Benesch has the following practice areas that are routinely supportive of our cannabis industry clients:

Mergers & Acquisitions

Benesch’s M&A and corporate finance attorneys consistently support our cannabis industry clients with acquiring, selling and financing assets and properties. A central focus of our M&A practice revolves around representing private equity firms. Our work with these sophisticated clients and their portfolio companies ensures our team remains well-versed in legal matters, market standards and best practices that drive merger and acquisition activities within this fast-paced and evolving segment of the capital markets.

Intellectual Property

Benesch provides a full spectrum of intellectual property services to its cannabis clients. Recognizing the industry’s lag in intellectual property protection, we ensure clients prioritize protecting and monetizing their intellectual assets by devising tailored strategies for their portfolios and acquisitions. Our services include drafting patent and trademark applications, securing copyrights related to cannabis, and supporting clients in licensing brand and technology, as well as business ventures specific to intellectual property, ensuring flexibility for future decisions. Leveraging our extensive experience, we adapt proven techniques and strategies from established industries for effective implementation within the cannabis sector.

Transportation & Logistics

Benesch increasingly counsels clients in the cannabis industry on regulatory and contractual matters relating to their transportation and logistics activities. Our attorneys have significant experience in transportation and logistics management across regional, national and global scales. Seven of Benesch’s Transportation & Logistics Practice Group’s attorneys have held management and legal positions at various transportation firms, which gives us valuable industry perspectives and a practical, deep and broad knowledge of the regulatory and legal regime. We regularly assist clients in drafting, negotiating and revising various transportation contracts, including shipper, carrier and broker contracts, warehouseman contracts, cross-docking arrangements, customs brokerage contracts, regional and local last mile and related services agreements. The group is also well-experienced at preparing and negotiating warehouse operating and pick-and-pack agreements for major distribution center activities.

Real Estate

Benesch’s nationally recognized Real Estate Practice Group serves clients nationwide, including those in the life sciences, pharmaceuticals and cannabis industries, with leases for production, testing, manufacturing, cultivation, distribution and retail facilities. We guide clients through the complexities of land use and zoning, joint ventures, private placements, public offerings, ground lease financing, mortgage loans, mezzanine debt and securitized assets. Additionally, our Construction practice excels in assisting clients with architect and contractor negotiations, contracts and disputes.

Labor, Employment and Benefits

Our Labor & Employment Practice Group complements our M&A and Cannabis practices by providing due diligence, drafting employment and restrictive covenant agreements, and addressing other matters. The group also advises employers on current best practices and strategies for common workplace issues, including wage and hour compliance, immigration, internal investigations, individual and group discharges, employment policies, handbooks, training and releases.

Tax

Benesch’s Tax Practice Group offers a solutions-oriented approach to tax planning across various transactions, including corporate, partnership, mergers and acquisitions, sales, reorganizations, bankruptcy, real estate and venture capital transactions. Our team is also proficient in structuring and planning under Code Section 280E.

Consumer Products

Cannabis is a consumer product with a unique regulatory framework. However, understanding cannabis requires looking beyond its immediate context. Leveraging our rich breadth and depth of knowledge in consumer product law, we approach cannabis not only from a regulatory standpoint, but also draw from decades of experience in well-established industries. This gives us a competitive advantage that we extend to our clients. Benesch advises cannabis clients across a range of consumer product matters, including TCPA actions, drafting and negotiating supply agreements and terms and conditions, product labeling, recall issues and policies, data privacy and security, product design and marketing, diversion, and regulatory compliance.

Litigation

Benesch boasts a robust national Litigation practice. Our litigation attorneys engage daily in a wide variety of business disputes. Our litigators actively pursue cost-effective solutions through courtroom litigation and dispute resolution, serving a diverse clientele that includes multinational corporations, publicly held companies, private enterprises, profit and non-profit boards, municipalities, government entities, lenders, insurers and individuals. In the field of cannabis law, our litigation team has extensive experience in administrative appeals, dispute resolution, contract disputes, intellectual property disputes, TCPA actions, and challenges related to cannabis licenses.

Experience

Represented GTI, a leading national cannabis company and owner of Rise™ and Essence retail stores, in matters including a cultivation license from the Ohio Department of Commerce, following an appeal. The cultivation operation will be located in Toledo as part of a processing and manufacturing facility that will also produce GTI’s branded product portfolio.