Navigating the Evolving Landscape of the U.S. Cannabis Industry

A Pioneer in Cannabis Law

Husch Blackwell’s Cannabis practice stands as a testament to the significant transition of the U.S. cannabis industry from the fringes of legality into the mainstream commercial arena. Having established itself at the outset of state-level legal cannabis, this practice not only led the charge in initial markets like Colorado and California but has grown to serve clients wherever state law permits. As the industry evolves, so does the need for expert guidance on regulatory compliance, litigation, and corporate transaction support.

Understanding the Unique Challenges in Cannabis

The cannabis sector presents unique operational hurdles that many traditional businesses might find trivial. Issues such as commercial banking, business insurance, leasing, and access to capital markets become formidable challenges within the cannabis industry. Husch Blackwell’s team has a deep, hands-on understanding of these obstacles, having partnered closely with clients to build the necessary legal frameworks to operate and mitigate risk effectively.

Their expertise extends across various segments of the cannabis industry, including medical and retail centers, cultivation, infused product manufacturers, testing facilities, technology companies, landlords, private equity funds, credit unions, and security firms. This diverse experience allows the team to offer tailored solutions that address the specific needs of each client.

Regulatory Compliance: A Cornerstone of Law Practice

The foundation of Husch Blackwell’s success is rooted in a relentless commitment to regulatory compliance. With deep knowledge of the regulatory landscape from the inception of the cannabis industry, the team assists clients in navigating complex state and federal regulations. They provide comprehensive support in obtaining licenses, addressing day-to-day regulatory and business issues, and ensuring compliance with federal, state, and local tax implications.

Moreover, their guidance extends to advising clients on emerging federal regulatory issues, including strategic planning for adult-use and medical cannabis business paths, novel therapies, and new drug development. This proactive approach ensures that clients are not only compliant today but are also prepared for changes on the horizon.

Effective Representation in Litigation

The unpredictable legal landscape of the cannabis industry necessitates a robust litigation strategy. Husch Blackwell is well-prepared to defend clients facing litigation tied to regulatory issues, contract disputes, or employment matters. Their representation spans various legal challenges, from administrative show cause orders and wrongful death lawsuits to disputes over contract transactions and license denials.

The team’s experience includes successfully navigating claims in state and federal courts and advocating for clients in negotiations with government entities. This established track record of success instills confidence in clients facing the uncertainties of legal challenges in the cannabis sector.

Comprehensive Corporate Transactions

Corporate transactions in the cannabis industry are intricate and require a nuanced understanding of regulatory compliance. Husch Blackwell has cultivated extensive experience in guiding clients through mergers and acquisitions, securities offerings, and corporate restructurings. They ensure that every transaction aligns with regulatory mandates while securing the necessary approvals at both state and local levels.

Notably, the team played a crucial role in advising significant players in the market, contributing to landmark transactions that shaped the landscape of cannabis operations. For instance, their counsel helped a client become the largest cannabis operator in Colorado, illustrating their capability to navigate complex corporate dealings effectively.

A Track Record of Representative Experience

Husch Blackwell’s extensive portfolio of representative experiences is a testament to their leadership in cannabis law. They have successfully assisted clients in various capacities:

Regulatory Experience

• Helping a state-medical marijuana client transition into a compliant drug development company.
• Successfully securing one of the first retail licenses for a recreational center in Aurora, Colorado.
• Navigating licensing issues for multiple cannabis operations in Colorado and across the border into Canada.

Litigation Successes

• Defending against wrongful discharge claims for a cannabis security company.
• Managing disputes before the Colorado State Attorney General and in court, including obtaining favorable settlements in complex litigation cases.

Corporate and Transactional Achievements

• Advising significant cannabis companies like LivWell Holdings and Columbia Care during major acquisitions, helping them secure their positions as leaders in the industry.
• Noteworthy transactions, such as representing cultivators in high-value sales, reflect the team’s broad transactional capabilities.

The Commitment to Cannabis Clients

Husch Blackwell’s Cannabis practice is dedicated to providing exceptional legal support for clients in this rapidly evolving industry. By understanding the intricacies of regulatory challenges, offering effective litigation strategies, and facilitating complex corporate transactions, they serve as a vital partner for those operating in the legal cannabis space. Their foundational experience and ongoing commitment to their clients exemplify the proactive, informed approach necessary to thrive in this dynamic environment.