Increasing recognition that various psychedelic substances may have therapeutic value in the treatment of certain medical conditions has inspired business entrepreneurs and entities to begin exploring their potential commercial applications. We fully recognize the exciting opportunities that this developing industry presents. Whether the objective is raising capital, protecting intellectual property, or simply understanding the rapidly shifting legal landscape for psychedelics, Zuber Lawler is uniquely qualified to help. Our legal professionals are globally recognized for their skill in hacking into emergent industries, including cannabis, esports, blockchain, and more. In fact, we were helping our clients navigate and overcome the unique legal challenges such industries face before most other law firms even recognized those industries exist. The emerging psychedelics industry faces its own set of legal challenges. Zuber Lawler is eager to help you surmount them.
Work with a Leading Psychedelics Law Firm
Psychedelics-related commercial ventures, both public and private, are popping up with uncharacteristic frequency. Because the industry is multifaceted, these ventures have a host of legal needs and require a multitude of legal services to protect their legal interests and assets. At the same time, because the industry is new, the availability of lawyers qualified to provide such services is limited. Not only do Zuber Lawler’s legal professionals stay abreast of developments in psychedelics law and related fields, but they also have expertise in such relevant areas of practice as finance, real estate, healthcare, intellectual property and product liability. We also have psychedelics M&A lawyers on our team who are ready to handle all the mergers on the horizon. And, in the event a business dispute should arise, our stable of litigators and appellate lawyers will fiercely protect our client’s interests.
Compliance is Critical in Psychedelics Law
We recognize that intense attention to detail is indispensable if we are to meet the needs of our clients in this promising industry. Our clients must be equipped to navigate the psychedelics industry’s shifting legal landscape with someone they can trust at their side. Throughout the United States and around the globe, the legal professionals at Zuber Lawler are positioned and prepared to be that “someone.” Among the underserved areas of the law in which we are especially well versed is FDA compliance and intellectual property protections (IP). As the psychedelic industry expands, the role of the FDA will only increase, as a large part of the psychedelics industry is focused on pharmacological properties and research. The FDA will make decisions regarding product safety and industry regulations, and our partners will help unpack legal language and guide clients through necessary regulatory processes and compliance measures.
The psychedelics industry is a new field, and we want to help make it accessible and grant those the necessary legal knowledge and resources to advance. We look forward to servicing clients as the industry expands.
The manufacture, distribution, sale, purchase, acquisition, administration, use, or possession of psychedelics listed in Schedule 1 of the Controlled Substances Act (CSA) is unlawful under federal law. Oregon has passed laws establishing a commercial psilocybin licensing program, even though psilocybin remains a Schedule 1 controlled substance illegal under federal law, and other states may also enact laws relating to psychedelics that conflict with federal law. Federal law trumps any conflicting state law under the Supremacy Clause to the United States Constitution, and we urge you to consider and discuss with us the implications of conducting state-legal activities that violate federal law. Legal ethics opinions in numerous jurisdictions have established that attorneys may advise clients on compliance with state commercial cannabis licensing laws, even though cannabis, like psilocybin and other psychedelics, is a Schedule 1 substance banned under federal law, as long as attorneys advise clients of the federal illegality, and do not take steps to help clients conceal legal violations. Based upon these authorities, we have concluded that it is ethical and appropriate to advise clients on compliance with state and local psychedelics laws if we inform clients of the relevant federal laws and do not take any steps to assist in concealing illegal conduct.
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