Cannabis

Overview

We help clients across the cannabis industry navigate the rapidly changing and constantly evolving laws and regulations in Florida governing marijuana and hemp businesses and products. Our team stays on top of emerging trends and monitors legislative, regulatory and case law developments to provide timely advice and information. Clients include:

• Medical Marijuana Treatment Centers (MMTC) with cultivation, processing, and dispensing operations
• Cannabis industry investors
• Manufacturers and retailers of CBD products
• Industrial and trade groups

Range of Services

Administrative & Regulatory

• Statutory and regulatory analysis, compliance and filings
• Administrative litigation before the Division of Administrative Hearings (DOAH) and Appeals of final orders before the District Court of Appeals
• Data privacy and security
• Government investigations, audits and oversight by various State of Florida agencies and boards including:
  • Florida Department of Agriculture and Consumer Services (FDACS)
  • Florida Department of Health (DOH)
  • Office of Medical Marijuana Use (OMMU)
  • Department Of Business and Professional Regulation (DBPR)
• Licensure and discipline including preparation of licensing applications
• Rulemaking and rule challenges
•  State and local taxation

Government Affairs and Election Law

• Legislative bill drafting and monitoring
• Analysis and counseling regarding enacted and proposed cannabis related statutes, rules/regulations and Florida constitutional amendments
• Executive branch and legislative branch lobbying
• Legislative and public referenda strategy
• Referenda drafting
• Election law compliance for public referenda campaigns

Mapping, GIS & Data Analysis

• Leverage spatial databases and GIS layers (including detailed information on zoning, land use, other regulatory factors, accessibility to public transit and proximity to essential services) to analyze parcel data to identify optimal retail, manufacturing and distribution locations
• Conduct detailed market analyses, incorporating demographic studies and consumer behavior patterns
• Provide detailed competitor mapping and proximity analysis to identify existing and emerging competitors as well as pinpoint potentially under-served markets that offer new growth opportunities

Litigation & Dispute Resolution

• Alternative dispute resolution
• Appeals
• Civil litigation
• Class action defense including alleged violations of the Telephone Consumer Protection Act (TCPA), the Fair Credit Reporting Act (FCRA),  and the Florida Deceptive and Unfair Trade Practices Act, among others
• White collar and criminal defense

Land Development & Environmental

• Land Use & Zoning
  • Advise on the development, entitlement and permitting of cannabis cultivation facilities, cannabis packaging and distribution facilities and ancillary supporting structures
• Environmental & Natural Resources
  • Advise on hazardous waste management and regulatory compliance strategy
  • Negotiate and resolve enforcement actions by the Florida Department of Environmental Protection (FDEP) including hazardous waste management violations

Labor & Employment

• Employment Solutions, Counseling & Training
  • Employment counselling on employee-related issues, including but not limited to, terminations/separations, performance management, internal complaints, leaves of absence, and accommodations
  • Counsel regarding the Fair Credit Reporting Act (FCRA) and the Worker Adjustment and Retraining Notification (WARN) Act
  • Conduct employment law compliance training (e.g., harassment prevention, wage and hour, EEO, FMLA, and ADA)
• Employment Litigation
  • Investigate and respond to EEOC Charges and related litigation alleging violation of the Florida Whistleblower Act (FWA), retaliation, sexual harassment, race, color and national origin discrimination

Real Estate

• Acquisition, leasing, or sale of cultivation, processing, and dispensing facilities

^{Please note: It is illegal under federal law to possess, sell, distribute, or use marijuana or marijuana-based substances, regardless of any state law that may decriminalize such activities. Federal law enforcement policy relating to marijuana may at times defer to states’ laws and not enforce conflicting federal laws. However, interested parties should be aware that: (i) compliance with state law does not constitute compliance with federal law; (ii) compliance with state law is not a defense to violations of federal law; and (iii) there is a risk that conflicting federal law may be enforced at any time. No legal advice that we might give is intended to provide, nor should be construed as providing, any guidance or assistance in violating federal law.}