“Frantz Ward boasts a distinguished practice in the cannabis space. The team has considerable experience of assisting clients with licensing applications as well complex acquisitions, among other issues. The group is also renowned for its strength in representing organizations facing litigation in the market.” – Chambers USA
On November 7, 2023, Ohio residents voted in favor of Issue 2, which set the stage for legalized cultivation, processing, sale, purchase, possession, home grow, and use of adult use cannabis throughout the state. Frantz Ward was at the forefront of this effort. As Ohio transitions, individuals and organizations need experienced counsel to maneuver this evolving legal landscape.
Our attorneys are leaders in the cannabis space and are uniquely situated to advise clients on every aspect of operating a cannabis business, including navigating the patchwork of federal, state, and local regulations. We also counsel employers, physicians, governments, and others on the impact of Ohio’s cannabis law and broader cannabis policy. This experience has earned Frantz Ward recognition by Chambers USA as one of the top cannabis practices in the country.
While medical and adult use cannabis markets have been the primary focus of investment and government regulation, changing laws relating to hemp and its derivatives may soon create an even more expansive cannabis industry as a whole.
Hemp as well as medical and adult use cannabis markets are attractive to investors and entrepreneurs alike. It is essential to have the right advice to navigate the complicated legal framework associated with these emerging industries. Our attorneys provide counseling and representation on all relevant legal issues, including:
- The impact of conflicting federal law on proposed business models
- License procurement for cannabis cultivators, processors, dispensaries, and testing laboratories
- Regulatory compliance
- Banking and financial arrangements, including compliance with federal and state banking regulations
- Corporate formation and governance
- Mergers, acquisitions, and other corporate transactions
- Securities compliance
- Real estate, land use, and zoning
- Cannabis product advertising, packaging, and labeling
- Insurance coverage
- Physician and healthcare entity compliance
- Policy and legal advice relating to hemp and CBD product development
- Intellectual property and licensing agreements
- Employment and human resources assistance for non-cannabis employers
- Interaction with local governments with cannabis-related moratoriums
- Defense against actions brought by law enforcement or regulatory authorities
- Civil litigation arising out of business disputes or product claims
Our attorneys have built strong, long-lasting relationships with policymakers and industry stakeholders both in Ohio and nationwide, staying current in this ever-changing legal landscape. We follow the developments at the state and federal level, including from the Ohio Division of Cannabis Control, Ohio Department of Agriculture, and Ohio Medical Board. Frantz Ward attorneys are regularly asked to speak and participate in industry conferences and we belong to several cannabis-specific associations, including:
- National Cannabis Industry Association
- Ohio Cannabis Coalition
- International Cannabis Bar Association
- Colorado Bar Association, Cannabis Law Section
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Representative Matters
- Cannabis Practice Chair Tom Haren served as the spokesperson for the Issue 2 campaign to legalize adult use of marijuana in Ohio, which passed with 57% of the vote in November 2023.
- Represented a dispensary client in obtaining a writ of mandamus against the Ohio Board of Pharmacy ordering the Board to issue a certificate of operation to the client.
- Assisted Ohio medical marijuana applicants in obtaining Ohio marijuana licenses, both through successful applications and numerous successful administrative appeals.
- Navigated receivership proceedings affecting regulated marijuana businesses.
- Obtained federal trademark protection for cannabis-adjacent products.
- Assisted Colorado marijuana applicants during state and local application processes, including initial applications, annual renewals, change of ownership, change of location, and modification of premises.