Business Law & Litigation Areas of Concentration
- Antitrust & Trade Regulation
- Banking Litigation
- Bankruptcy & Creditors' Rights
- Class Action Defense
- Commercial Litigation
- Construction, Government Contracts & Surety Law
- Corporate
- Corporate Governance
- Electronic Discovery
- Employment & Employee Relations
- Employment Collective/Class Actions
- Energy & Utilities
- Energy Compliance
- Environmental
- Health Care
- Health Care - Post Acute & Long Term
- Higher Education
- Information Privacy & Security
- Information Technology
- Internal Investigations & White Collar Defense
- Labor
- Land Use & Zoning Law
- Local Counsel
- Professional Licensure
- Regulated Cannabis
- Regulatory & Administrative Agency Law
- Shale Resource
- Tax Controversy
- Trade Secret & Non-Compete Law
- Wage and Hour
Regulated Cannabis
Post & Schell’s Regulated Cannabis Practice Group is a multi-disciplinary group that is fully-prepared to provide legal guidance and counseling to clients in the Commonwealth of Pennsylvania on the emerging state legal landscape surrounding regulated cannabis products/substances, particularly medical marijuana and hemp, and the interplay with federal laws.
Additionally, the Group is well-suited to provide counsel on related legal issues that may arise, including labor and employment matters, workers’ compensation claims, insurance coverage, state/federal laws and regulations governing health care providers, and the individual professional liability and licensure of hospitals, physicians, nurses, pharmacists, and other health care workers.
The Group can provide the following legal services:
Health Care Law:
- Counseling hospitals and health care providers on regulations and requirements related to medical cannabis/marijuana research
- Counseling hospitals, health systems, and long-term care facilities regarding implementation of policies and procedures pertaining to clinical use of medical cannabis/marijuana for patients with a designated medical condition
- Credentialing, privileging, peer review issues as they relate to medical cannabis/marijuana and staff physicians
- Counseling physician groups (hospital-owned and independent) as to whether their employed physicians can prescribe medical cannabis/marijuana and related conditions and limitations/restrictions imposed under state and federal law
- Counseling hospital and pharmacies as to their obligations under federal and state law relative to the handling, storage and distribution of medical cannabis/marijuana products
- Representing health care providers in litigation pertaining to prescribing/dispensing/administering medical cannabis/marijuana
Contact: Robin Locke Nagele, (215) 587-1114, rnagele@postschell.com
Compliance and Investigations:
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Counseling health care and other clients on federal and state compliance-related issues pertaining to medical cannabis/marijuana
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Representing clients in government investigations related to potential violation of federal law prohibitions on growing/processing/dispensing medical cannabis/marijuana
Contact: Barbara Rowland, (202) 661-6945, browland@postschell.com
Workers Compensation Claims:
Counseling insurance providers and employers on medical cannabis/marijuana-related issues that may arise in the context of workers’ compensation proceedings, including:
- Medical cannabis/marijuana and work injuries
- Determination if cost/dosage/duration of use is reasonable and necessary
- Use of evidence-based guidelines to control the use and cost of medical cannabis/marijuana
- Qualification of physicians to prescribe; dispense from office or specialty pharmacy
- Employing claimants using medical cannabis/marijuana and related employer legal exposure
Contact: Patrice A. Toland, (215) 587-1093, ptoland@postschell.com
Labor and Employment:
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Counseling employers on interplay between federal and state employment statutes, federal laws, and medical cannabis/marijuana laws, including the Americans with Disabilities Act (ADA) and the Drug Free Workplace Act
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Counseling employers on pre-employment and employee drug testing
Contact: Andrea M. Kirshenbaum, (215) 587-1126, akirshenbaum@postschell.com
Professional Liability and Licensure:
- Representing physicians and other providers in adverse licensure actions arising out of prescribing/dispensing/administering medical cannabis/marijuana
Contact: Amalia V. Romanowicz, (215) 587-1193, aromanowicz@postschell.com
Insurance Coverage:
- Counseling insurance providers on coverage issues related to medical cannabis/marijuana, and related state and federal laws
Contact: Kathleen K. Kerns, (215) 587-5932, kkerns@postschell.com
Attorneys
- Robin Locke Nagele
- Marc H. Perry
- F. Traynor Beck
- Sarah C. Yerger
- Kenneth L. Sable
- Kathleen K. Kerns
- Andrea M. Kirshenbaum
- James J. Kutz
- Patrice A. Toland
- Amalia V. Romanowicz
- Paul A. Logan
- Elizabeth M. Hein
- Ryan M. Logan
E-Flash
- Strategies for Contesting Reimbursement Claims Related to Out-of-Pocket Medical Marijuana Expenses
- DOH Issues Temporary Regulations for Patients and Caregivers
- DOH Issues Medical Marijuana Practitioner Rules
- DOH Issues Temporary Regulations for Medical Marijuana Dispensaries
- Federal DEA Guidance Impacts Pennsylvania Medical Cannabis Research
News
- Paul A. Logan Joins Post & Schell's Construction Practice Group in the Firm's Philadelphia Office
- Robin Locke Nagele Honored as One of The Legal Intelligencer's "2016 Top Women in the Law"
Events
Media & Articles
- Regulated Cannabis Practice Group Examines Implications of PA's Medical Marijuana Law for Health Care Providers for The Legal Intelligencer on Oct. 11
- White Collar Principal Barbara Rowland Analyzes Marijuana Decriminalization and Legal Concerns for Enterprises for Business Crimes Bulletin
Speaking Engagements
- Paul Logan and Ryan Logan Serve on CLE Panel Discussion at Medical Cannabis Education Summit and CLE on March 5
- Elizabeth Hein Presents on AHLA Webinar Exploring Practical Pointers for Hospitals Handling the Opioid Crisis on Sept. 8