Legal Cannabis

Donahue Fitzgerald is a full-service business law firm serving the legal needs of our clients in the cannabis industry. We represent emerging and established companies and investors in the cannabis industry, and take pride in finding creative solutions to your legal challenges. We advise a broad range of clients in the cannabis industry, including retailers, cultivators, manufacturers, packaging companies, angel investors, celebrities, and consulting firms.

Businesses in the cannabis industry face the same challenges that every business must tackle and must also address significant obstacles related to the complex and rapidly evolving legal landscape. With extensive knowledge and experience, our attorneys provide the strategic guidance our clients need to navigate the unique challenges presented by this industry, including issues arising from the conflict between federal and state laws on the use and distribution of cannabis and strategies for handling issues pertaining to Internal Revenue Code Section 280E, which prohibits businesses from deducting certain expenses associated with the sale of cannabis.  With our extensive trademark law experience, we advise cannabis industry clients such as manufacturers and retailers on trademark protection strategies in the context of current restrictions on federal registrations for trademarks in the cannabis industry.  Our attorneys will assist in providing cost-effective, practical advice and timely legal solutions for virtually every aspect of your complex business needs, including:

  • Entity formation
  • Corporate governance
  • Mergers and acquisitions
  • Negotiation of angel and venture financing transactions
  • Intellectual property protection and enforcement, including
    • Trademark and copyright registration and enforcement
    • Licensing agreements
    • Trade secret protection
    • Franchise and avoidance of franchise regulation
  • Co-branding and celebrity endorsement deals
  • Employment
  • Real property transactions
  • Restructuring and insolvency
  • Litigation
  • Tax

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