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Cannabis

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From deals to appeals, DWT offers a deep bench of attorneys who are committed to representing cannabis and cannabis-adjacent businesses with professionalism, integrity, and a deep sense of responsibility.

Overview

A Growing Opportunity
The legalization of the cannabis industry presents extraordinary new business opportunities – and new legal and regulatory challenges. From employment to land use, banking to taxation, cannabis and cannabis-adjacent issues can touch our clients' businesses across multiple disciplines. We leverage our industry knowledge to provide full-spectrum representation to clients on state, federal, and regulatory matters.

360 Legal Service
We know that ad hoc answers aren't enough. That's why we've created a focused, multi-disciplinary, and coordinated group of lawyers to give clients sophisticated, strategic counsel that's seamless and integrated. Our attorneys bring knowledge and experience from such diverse disciplines as: litigation and risk mitigation; labor, employment, and immigration; media and advertising; agriculture and environmental; general business; banking and financing; and real estate and land use, to provide comprehensive solutions to the issues our clients face.

We have earned a national reputation for assisting clients that operate in highly regulated sectors of the economy such as alcohol licensing and food safety, and our experience makes us uniquely well-positioned to help foster client success in the cannabis industry.

Practice Areas

Advertising and Marketing

Advised media companies carrying advertisements for cannabis and related products, including streaming audio, print (magazines and newspapers), and online entities. Reviewed sponsorship agreements for cannabis-related events and compliance with applicable law. Advised on the production and distribution of sponsored content for CBD companies and the distribution of CBD-related products as gifts/handouts at corporate events.

Banking

Advised banks on Bank Secrecy Act and Anti-Money Laundering compliance issues for cannabis-related activities.

Employment

Represented major portable vaporizer provider in a variety of employment matters, including workplace policies and a termination dispute with its former CEO.

Environmental

Advised major portable vaporizer provider on California Prop 65 labeling for its accessories. Also regularly advise clients on product, workplace, and environmental Prop 65 warnings.

Federal Criminal Law

Advised numerous clients on application of federal criminal laws to related cannabis businesses, including Canadian and U.S. state legal activities. Advised on application of federal criminal law to IPO of client’s foreign, cannabis-producing subsidiary.

Food + Beverage

Advised multiple clients on whether CBD can be used as a food ingredient and the legal risks of doing so. Represented clients in multiple mislabeling class actions for major food retailers and handled distributors and distribution / supply disputes for retailers and distributors selling CBD-containing products. Advised on whether a cannabis home delivery service operated by independent third party drivers under a trademark license qualifies as a franchise under federal and state laws.

Health Compliance

Advised nationwide restaurants on regulatory issues affecting their ability to provide CBD products to patrons.

Immigration

Advised clients on waivers of inadmissibility for permanent bans related to cannabis use and involvement in cannabis industry.

Intellectual Property/Trademark

Provided trademark registration and enforcement counseling to cannabis companies.

Litigation

Obtained partial summary judgment on behalf of a leading cannabis products company in a suit alleging breach of lease agreement. Also filed suit against Customs and Border Patrol for failing to timely produce documents related to whether individuals are being denied entry into the U.S. due to their ties to the cannabis industry. Defended more than a half dozen cannabis retailers in matters alleging unlawful text messaging in violation of federal or state law.

Mergers & Acquisitions/Financing

Represented a Canadian cannabis company in securities-related opinions in connection with their debt securities and equity financing transactions.

Occupational Safety and Health (OSHA)

Advised laboratory, logistics, and processing clients regarding compliance with federal and state regulations, and defended numerous clients in administrative hearings.

Real Estate

Represented multiple Oregon landlords with respect to the sale of their grow facilities.

Sponsorships

Advised famous brands on entering sponsorship deals with cannabis and CBD companies.
City night view

Advocates and Educators

CA cannabis
DWT is a proud Business Member of the California Cannabis Industry Association (CCIA). Serving on the CCIA's legislative, intellectual property, and HR/insurance committees, DWT is at the forefront of the industry’s most pressing legal and policy matters in California's rapidly changing cannabis industry.

Our Insights

A photograph of supplements on a white background with grassy greenery. Link to /insights/2024/07/takeaways-from-dietary-supplement-industry-panel
07.01.24
Advisories
Brand Protection & Advertising
Six Key Takeaways on Dietary Supplement Regulation, 30 Years Post-DSHEA Read More Link to /insights/2024/07/takeaways-from-dietary-supplement-industry-panel
map of washington Link to /blogs/employment-labor-and-benefits/2023/05/washington-cannabis-drug-screening-job-applicants
05.16.23
Insights
Washington
Washington Imposes New Limits on Pre-Employment Testing for Lawful Cannabis Use Read More Link to /blogs/employment-labor-and-benefits/2023/05/washington-cannabis-drug-screening-job-applicants
cannabis leaves Link to /insights/2022/05/foreign-national-us-entry-cannabis-industry
05.10.22
Advisories
Cannabis
FOIA Suit Uncovers True CBP Policy Regarding Immigration Admissibility of Individuals Connected to Legal Foreign Cannabis Industry Read More Link to /insights/2022/05/foreign-national-us-entry-cannabis-industry
cannabis plants Link to /blogs/employment-labor-and-benefits/2021/10/cannabis-work-laws-new-york
10.14.21
Insights
Counseling
New York State Department of Labor Issues Guidance Concerning Employee Cannabis Use Read More Link to /blogs/employment-labor-and-benefits/2021/10/cannabis-work-laws-new-york
coastal highway road Link to /insights/2020/12/california-cannabis-billboard-ban
12.16.20
Advisories
Cannabis
California Court Bans Cannabis Billboard Advertising on All Highways That Cross State Line Read More Link to /insights/2020/12/california-cannabis-billboard-ban
Aerial view of cannabis farm Link to /insights/2020/06/doj-cannabis-antitrust-merger-investigations
06.24.20
Advisories
Cannabis
Antitrust Division Prosecutor Testifies That DOJ Targeted Cannabis Related Mergers for Scrutiny Read More Link to /insights/2020/06/doj-cannabis-antitrust-merger-investigations
Rows of cannabis plants Link to /blogs/energy--environmental-law-blog/2019/11/cannabis-environmental-health-and-safety-issues
11.20.19
Insights
Land Use
Cannabis Industry Environmental, Health, and Safety Issues Read More Link to /blogs/energy--environmental-law-blog/2019/11/cannabis-environmental-health-and-safety-issues
Person spraying water on a cannabis plant Link to /insights/2019/09/10th-circ-cannabis-ruling
09.25.19
Advisories
Cannabis
10th Circ. Cannabis Ruling Follows Federal Regulation Trend Read More Link to /insights/2019/09/10th-circ-cannabis-ruling
FTC sends letters to companies selling CBD-infused health products Link to /insights/2019/09/ftc-cbd-oil-advertisement-warning-letters
09.13.19
Advisories
Cannabis
FTC Issues Warning Letters Over Health Claims for CBD-Infused Products Read More Link to /insights/2019/09/ftc-cbd-oil-advertisement-warning-letters
Pouch of medical cannabis Link to /blogs/employment-labor-and-benefits/2019/08/nj-medical-cannabis-employment-law-change
08.22.19
Insights
Disability & Other Accommodation
New Jersey Lawmakers Increase Employment Protections for Medical Marijuana Users Read More Link to /blogs/employment-labor-and-benefits/2019/08/nj-medical-cannabis-employment-law-change
California legislature considering allowing charter banks to handle some cannabis related banking Link to /blogs/financial-services-law-advisor/2019/07/california-poised-to-empower-charter-banks-to-bank
07.29.19
Insights
Financial Services Litigation and Enforcement
California Poised to Empower Charter Banks to Bank Cannabis Money (SB 51) Read More Link to /blogs/financial-services-law-advisor/2019/07/california-poised-to-empower-charter-banks-to-bank
Advertising laws for CBD and cannabis marketers Link to /insights/2019/07/cbd-cannabis-advertising
07.26.19
Advisories
Cannabis
CBD and Cannabis Related Advertising – Trends and Takeaways Read More Link to /insights/2019/07/cbd-cannabis-advertising
West Hollywood, California becomes first city to grant permits for onsite cannabis consumption at restaurants Link to /insights/2019/07/west-hollywood-ca-cannabis-restaurant-laws
07.25.19
Advisories
Cannabis
West Hollywood Business License Commission Greenlights Two Permits for Onsite Cannabis Consumption Read More Link to /insights/2019/07/west-hollywood-ca-cannabis-restaurant-laws
Drug Test Link to /insights/2019/07/nevada-joins-growing-list-of-jurisdictions-to-ban
07.11.19
Advisories
Cannabis
Nevada Joins Growing List of Jurisdictions to Ban Pre-Employment Cannabis Testing Read More Link to /insights/2019/07/nevada-joins-growing-list-of-jurisdictions-to-ban
Bank Building Link to /insights/2019/07/california-poised-to-empower-charter-banks-to-bank
07.09.19
Advisories
Cannabis
California Poised to Empower Charter Banks to Bank Cannabis Money (SB 51) Read More Link to /insights/2019/07/california-poised-to-empower-charter-banks-to-bank
CBD Link to /insights/2019/06/takeaways-from-fdas-public-hearing-on-cannabis-and
06.06.19
Advisories
Cannabis
Takeaways from FDA’s Public Hearing on Cannabis and Cannabis-Derived Compounds Read More Link to /insights/2019/06/takeaways-from-fdas-public-hearing-on-cannabis-and
vape Link to /blogs/employment-labor-and-benefits/2019/05/nyc-employers-barred-from-weeding-out-cannabis
05.28.19
Insights
New York
NYC Employers Barred from Weeding Out Cannabis-Using Job Applicants Read More Link to /blogs/employment-labor-and-benefits/2019/05/nyc-employers-barred-from-weeding-out-cannabis
Cannabis Business Zoning Link to /insights/2019/05/washington-state-regulator-may-license-site
05.21.19
Advisories
Real Estate
Washington State Regulator May License Site-Specific Cannabis Business despite Conflicting Zoning, Appeals Court Finds Read More Link to /insights/2019/05/washington-state-regulator-may-license-site
Cannabis Business and Cannabis Legislation Link to /insights/2019/05/decision-of-the-ninth-circuit-court-of-appeals-in
05.15.19
Advisories
Litigation
Decision of the 9th Circuit Court of Appeals in Garvin v. Cook Investments NW, Case No. 18-35119 (9th Cir. May 2, 2019) Read More Link to /insights/2019/05/decision-of-the-ninth-circuit-court-of-appeals-in
Hemp-Derived CBD Link to /insights/2019/05/ttb-aligns-with-fda-on-use-of-hemp-derived-cbd
05.14.19
Advisories
Cannabis
TTB Aligns with FDA on Use of Hemp-Derived CBD Read More Link to /insights/2019/05/ttb-aligns-with-fda-on-use-of-hemp-derived-cbd
Cannabis farming Link to /insights/2019/05/uspto-issues-exam-guide-regarding-registration-of
05.07.19
Advisories
Cannabis
USPTO Issues Exam Guide Regarding Registration of Marks for Cannabis and Cannabis-Related Goods and Services in Light of 2018 Farm Bill Read More Link to /insights/2019/05/uspto-issues-exam-guide-regarding-registration-of
Cannabis online advertising Link to /insights/2019/04/california-legislature-weighing-law
04.29.19
Advisories
Cannabis
California Legislature Weighing Law to Regulate Websites that Allow Online Advertising of Unlicensed Cannabis Businesses (AB 1417) Read More Link to /insights/2019/04/california-legislature-weighing-law
Cannabis delivery in CA Link to /insights/2019/04/the-battle-for-the-future-of-cannabis
04.29.19
Advisories
Cannabis
The Battle for the Future of Cannabis Delivery in California Read More Link to /insights/2019/04/the-battle-for-the-future-of-cannabis
Cannabis farming Link to /blogs/energy--environmental-law-blog/2019/04/cannabis-growers-and-investors
04.03.19
Insights
Natural Resources
Cannabis Growers and Investors: Be Sure of Your Water Rights Read More Link to /blogs/energy--environmental-law-blog/2019/04/cannabis-growers-and-investors
FDA Cannabis hearing Link to /insights/2019/04/fda-sets-first-cannabis-hearing-for-may-31
04.03.19
Advisories
Cannabis
FDA Sets First Cannabis Hearing for May 31 Read More Link to /insights/2019/04/fda-sets-first-cannabis-hearing-for-may-31
USDA Hemp Production Listening Session Link to /insights/2019/03/alert-first-hemp-production-listening-session-on-m
03.07.19
Advisories
Cannabis
Alert: First Hemp Production Listening Session on March 13 Read More Link to /insights/2019/03/alert-first-hemp-production-listening-session-on-m
Cannabis banking Link to /insights/2019/03/proposed-safe-banking-act-would-have-positive-effe
03.04.19
Advisories
Cannabis
Proposed SAFE Banking Act Would Have Positive Effects on Legal Cannabis Industry Read More Link to /insights/2019/03/proposed-safe-banking-act-would-have-positive-effe
State-legal cannabis Link to /insights/2019/01/ag-nominee-barr-indicates-doj-will-continue-handso
01.24.19
Advisories
Cannabis
AG Nominee Barr Indicates DOJ Will Continue ‘Hands-Off’ Approach to State-Legal Cannabis Under His Leadership Read More Link to /insights/2019/01/ag-nominee-barr-indicates-doj-will-continue-handso
Statute of Liberty head Link to /blogs/employment-labor-and-benefits/2019/01/delete-cannabis-apps-before-coming-to-the-us
01.08.19
Insights
Immigration
Delete Cannabis Apps Before Coming to the U.S. Read More Link to /blogs/employment-labor-and-benefits/2019/01/delete-cannabis-apps-before-coming-to-the-us
Hemp farm Link to /insights/2019/01/congress-passes-farm-bill-pushing-toward-full-lega
01.07.19
Advisories
Cannabis
Congress Passes Farm Bill, Pushing Toward Full “Legalization” of Hemp and Hemp-Derived CBD Read More Link to /insights/2019/01/congress-passes-farm-bill-pushing-toward-full-lega
Cannabis advertising Link to /insights/2019/01/ninth-circuit-considers-availability-of-bankruptcy
01.03.19
Advisories
Cannabis
9th Circuit Considers Availability of Bankruptcy to Cannabis-Related Businesses Read More Link to /insights/2019/01/ninth-circuit-considers-availability-of-bankruptcy
Farm Bill for Hemp and Hemp-Derived CBD Link to /insights/2018/11/world-wide-weed-risks-and-best-practices-for-adver
11.15.18
Advisories
Cannabis
World Wide Weed: Risks and Best Practices for Advertising State Legal Cannabis on the Internet Read More Link to /insights/2018/11/world-wide-weed-risks-and-best-practices-for-adver
vape Link to /blogs/employment-labor-and-benefits/2016/11/californias-proposition-64-allows-employers-to-con
11.11.16
Insights
California
California’s Proposition 64 Allows Employers to Continue Enforcing Drug-Free Workplace Policies Read More Link to /blogs/employment-labor-and-benefits/2016/11/californias-proposition-64-allows-employers-to-con
NJ Lawmakers Increase Employmnet Protections for Medical Marijuana Users Link to /blogs/employment-labor-and-benefits/2014/11/oregon-initiative-legalizes-recreational-use-of-ma
11.10.14
Insights
Oregon
Oregon Initiative Legalizes Recreational Use of Marijuana—What Does that Mean for Employers? Read More Link to /blogs/employment-labor-and-benefits/2014/11/oregon-initiative-legalizes-recreational-use-of-ma
Cannabis online advertising Link to /blogs/employment-labor-and-benefits/2014/11/alaska-passes-initiative-to-legalize-recreational
11.05.14
Insights
Alaska
Alaska Passes Initiative to Legalize Recreational Use of Marijuana—What Does that Mean for Employers? Read More Link to /blogs/employment-labor-and-benefits/2014/11/alaska-passes-initiative-to-legalize-recreational
Bank Building Link to /blogs/financial-services-law-advisor/2014/04/marijuana-banking-and-the-10foot-pole
04.28.14
Insights
Financial Services Litigation and Enforcement
Marijuana, Banking, and the "10-Foot Pole" Read More Link to /blogs/financial-services-law-advisor/2014/04/marijuana-banking-and-the-10foot-pole
Searching...
A photograph of supplements on a white background with grassy greenery.
07.01.24
Advisories
Brand Protection & Advertising
Six Key Takeaways on Dietary Supplement Regulation, 30 Years Post-DSHEA Read More
map of washington
05.16.23
Insights
Washington
Washington Imposes New Limits on Pre-Employment Testing for Lawful Cannabis Use Read More
cannabis leaves
05.10.22
Advisories
Cannabis
FOIA Suit Uncovers True CBP Policy Regarding Immigration Admissibility of Individuals Connected to Legal Foreign Cannabis Industry Read More
cannabis plants
10.14.21
Insights
Counseling
New York State Department of Labor Issues Guidance Concerning Employee Cannabis Use Read More
Publications
07.27.21
News
Cannabis
Quoted in "Cannabis Practice Creates Ethical Traps, Conflicts for Lawyers," Bloomberg Law Read More External Link
Webinar
05.06.21
Webinars
Employment, Benefits & Immigration
"High Times at Work? What Employers Need to Know About Cannabis Use by Employees," New York Labor & Employment Law Update, Davis Wright Tremaine Read More
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Burke, Larry B.
Larry B. Burke
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Portland
503.778.5239
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Diane Butler
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Chair, Immigration Group
Seattle
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Canner, Heather
Heather Canner
Counsel
Los Angeles
213.633.6826
Charles, Pamela
Pamela M. Charles
Partner
Chair, Tax Practice
Seattle
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Alli Condra
Allison B. Condra
Of Counsel
Portland
503.778.5261
Eyth, Marcus
Marcus Eyth
Partner
Portland
503.778.5324
Giametta, Jeff
Jeff Giametta
Counsel
Portland
503.778.5335
Goldmark, John A.
John Goldmark
Partner
Seattle
206.757.8068
Greenfield, James A.
James A. Greenfield
Senior Counsel
Seattle
206.757.8055
Harper, Jacob
Jacob M. Harper
Partner
Nationwide Co-chair, Food + Beverage and Agriculture Practice
Co-chair, Class Action Defense Group
Los Angeles
213.633.6863
Klein, Steven E.
Steven E. Klein
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Portland
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Nancy Libin
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Co-chair, Technology, Communications, Privacy & Security Practice; Chair, Privacy & Security Practice
Washington, D.C.
202.973.4218
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