Cannabis Litigation

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In 2014, New York enacted the Compassionate Care Act, setting the groundwork for patients in New York with certain medical conditions to gain legal access to medical Cannabis and for New York business owners to create a supply of medical Cannabis to meet this increasing demand.  We at Hiller, PC are proud to lend our expertise and track record of success to the emerging Cannabis industry.

Cannabis remains classified as a Schedule I controlled substance under federal law and the possession, use, cultivation, and distribution of Cannabis is a federal offense.  Yet 44 states, Puerto Rico and Guam enjoy some form of medical marijuana, 28 of which have enacted robust medical cannabis regulations, meaning that over 300 million Americans live in states with medical cannabis on the books.  A number of states have decriminalized the possession of small amounts of Cannabis.  In June 2015, in what is touted as “the most significant step Congress has ever taken toward ending federal marijuana prohibition,” Congress voted to protect state medical marijuana and hemp laws from federal interference, and to cut from the Drug Enforcement Agency’s budget, any funds for use in investigation of medical Cannabis, cultivation, distribution, sale and use. In October 2015, a federal judge ruled that the Department of Justice cannot prosecute legal providers of medical Cannabis.  And a few days later, the United States Patent and Trademark Office issued the first registration of a trademark containing both a Cannabis leaf logo and the word, “Cannabis.”

Federal and state laws governing Cannabis thus create a complex web of changing and interconnected laws and regulations that require constant review and analysis.  By offering comprehensive legal services, we provide our clients with the support they need to navigate the evolving legal and regulatory framework surrounding Cannabis, from seed-to-sale.  These services include commercial and secured transactions, federal banking regulatory work, intellectual property, land-use and zoning, litigation, patient advocacy, and criminal defense.  We also participate in multiple organizations dedicated to liberalization of Cannabis.

If you are an investor, fund, entrepreneur, cultivator, physician, patient, or caregiver looking for guidance on Cannabis business opportunities or patient rights, you can count on our team to assist you with the utmost discretion and professionalism.*

*Disclaimer: Though New York regulations allow medical use, sales, possession, cultivation, and business of medical Cannabis by certain qualified individuals and business, Cannabis (including hemp) is a Schedule I controlled substance, the use, possession, cultivation, and distribution of which is illegal under Federal Law.  Nothing in this website is intended to assist in any way with violation of applicable law.  The information provided herein is strictly for educational purposes only and to provide readers with a general understanding of the law, not to provide legal advice.