McCarter attorneys help clients across the cannabis industry address complex legal issues and navigate current and pending federal, state and local laws and regulations. We advise on a broad range of matters that impact communities and help businesses, investors, individuals and others legally succeed in the fast moving medical and adult-use sectors, calling on the capabilities of attorneys across our various practices, including in the venture capital and emerging growth companies, corporate, intellectual property, licensing, tax, business litigation, real estate, health care, employment, environmental, bankruptcy and government affairs areas.
Disclaimer: Several states have decriminalized the possession, sale, and distribution of marijuana by individuals and entities that have obtained appropriate licensure from the state. Businesses and individuals should be aware that conduct decriminalized by states remains illegal under federal law, including but not limited to the Controlled Substances Act, 21 U.S.C. § 801 et seq. Using, possessing, distributing or selling marijuana is illegal under federal law, regardless of any state law, and those doing so face certain risks and may be subject to a federal criminal prosecution. If convicted, the penalties may include a significant prison term, fine or both. Moreover, without pursuing a criminal prosecution, the federal government can seize, and seek the civil forfeiture of, the real or personal property used to facilitate the sale of marijuana as well as the money or other proceeds. Any information or legal advice provided by us is designed to counsel clients regarding the existing or proposed cannabis law. No information or advice we may give is intended to provide any guidance or assistance in violating federal law. Businesses and individuals should be cognizant that activities in this sector of the economy will continue to put them at some risk until the state and federal dichotomy is resolved.