Luis M. Alcalde

Director
alcalde

Luis M. Alcalde

Director

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A deeply experienced attorney with 45 years of legal practice, Luis has been recognized by peer- and client-review publications alike as one of Ohio’s leading lawyers. He maintains a diverse practice and offers clients his unique perspective both as a trial lawyer and as a strategic advisor to growth-stage businesses.

A pioneer in Ohio’s burgeoning cannabis industry, Luis is also a published author on related issues and has worked with businesses throughout the cannabis industry supply chain to explore, establish, grow, and often sell their operations. Luis is also a native Spanish speaker and previous recipient of the President’s Award from the Hispanic National Bar Association’s Region X.

Since commencing his legal career Luis Alcalde has successfully pursued difficult and innovative legal challenges. As a U.S. Army JAG attorney stationed in West Germany, he tried three murder cases as well as over thirty other serious felony cases by the age of 30. As an Ohio Assistant Attorney General, he tried scores of administrative cases on behalf of the state of Ohio, was named the first Chief of the Attorney General’s prevailing wage section, and served as an Assistant Chief of the Division of Medicaid Fraud working with auditors, investigators, and special grand juries to indict and prosecute of health care fraud.

Among his many endeavors in private practice, Luis has tried numerous federal and civil state trials, including representing large corporations in complex tort and commercial litigation matters, and automobile and heavy equipment manufacturers in products liability litigation. As outside counsel to a private investigations firm, he worked on behalf of many trademark owners in difficult and legally complex anti-piracy/anti-counterfeiting operations throughout the world. Litigating on behalf of plaintiffs, he has won millions of dollars in negligence and product liability cases for injured parties.

Since obtaining his LLM in business and tax midway through his legal career, Luis has worked on many business matters both large and small, including helping with the establishment and shutdown of brownfield and greenfield manufacturing projects in Mexico and numerous other business matters throughout Latin America, Cuba, and Ohio. He also serves as outside counsel for several Latino businesses in Central Ohio.

Since 2017, Luis has been heavily involved in representing clients in the legal medical and adult-use marijuana industry, including obtaining licenses and handling all other regulatory and business matters related to the marijuana industry, such as mergers and acquisitions of licenses and/or ongoing marijuana operations.

Luis is a native Spanish language speaker born in Havana, Cuba, but raised in the United States since the age of nine. Luis’ hobbies include motorcycles, sports cars, fitness, literature, music, films, domestic and world affairs and traveling.

Business

Advising clients at every stage of the business lifecycle, Alcalde assists with initial entity formation, structuring and capital raising including private placements, convertible instruments, and warrants. He also assists with the negotiation and drafting of contracts such as licensing, supply, agency, distribution, joint ventures, mergers, and acquisition agreements. Alcalde provides counsel on strategic planning and risk management issues, assisting with project management and risk assessment to help clients establish procedures that drive their business goals.

Global Business

Luis offers strategic advice to the firm’s clients in developing global markets, with a specific emphasis in Latin American markets. With over 25 years of experience in Latin America, he counsels organizations of all sizes regarding business establishment, international trade, strategic alliances, and contracts respecting joint ventures, acquisitions, mergers, licensing, agency and distribution, as well as compliance with the FCPA and other regulatory matters. Alcalde is equally comfortable working in English or Spanish and can work with local counsel throughout Latin America on the drafting of English and Spanish language agreements. Luis also has experience obtaining various licenses from the Office of Foreign Assets Control (OFAC), is knowledgeable concerning its sanction programs and regulations, and has provided counsel to a variety of U.S.-based clients on Cuba-related activities authorized by U.S. law.

Corporate Investigations

Alcalde strategically manages and offers advice and solutions regarding domestic and international corporate investigations involving FCPA and other regulatory matters, business due diligence, anti-piracy and counterfeiting.

  • Capital University Law School (LL.M., 2000)
  • The Ohio State University Moritz College of Law (J.D., 1980)
  • The Ohio State University (B.A., 1977)

  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Southern District of Ohio
  • Ohio
  • California, Indiana, Kentucky and West Virginia, state and federal courts (pro hac vice)

  • Columbus Bar Association
  • Ohio Bar Association

  • Martindale-Hubbell Rating of AV
  • Selected to the Ohio Super Lawyers list
  • Recognized in Columbus CEO, Top Lawyers, 2022, 2023
  • Ohio Latino Affairs Commission, Distinguished Hispanic Ohioan (2011)
  • Hispanic National Bar Association (HNBA) Region X President Award (2015)

  • Columbus Medical Association Foundation, Board of Directors
  • Columbus Council on World Affairs, Chairman, Board of Trustees (2005-2007)
  • Ohio Supreme Court Client Security Fund, Commissioner (2003-2008)
  • Columbus Association for the Performing Arts, Board of Trustees, Treasurer (2006-2012)
  • Otterbein University, Board of Trustees (2013-2015)

  • Spanish

Experience

Personal Injury Representation After a Motorcycle Accident

Police lights flashing during a traffic stop at night

Negotiating an Executive Employment Contract for Transportation Industry CEO

A person pointing to the signature line on a contract for another individual

Acquisition of Ohio Marijuana Licenses

Images of a budding cannabis plant

Successful Representation of Workers Permanently Injured by Propane Gas Explosion

A judges gavel

Defending Medical Marijuana Licensee from Cancellation of License

A marijuana leaf on top of two books next to a judge's gavel on a green placemat

A Focus on Cannabis

Since the inception of Ohio’s Medical Marijuana Control Program in 2016, Luis has applied his unique and vast experience in business and corporate law, regulatory matters, litigation and civil and criminal law to assist large and small clients in the medical cannabis field.

Luis worked intensively with multiple clients during the license application phase, and his efforts contributed to those clients winning five licenses from the Ohio Medical Marijuana Control Program, as well as the additional grant of two Level 1 Cultivator licenses resulting from the successful appeals of initial license denials during the application process.

Since the initial application phase and the awarding of provisional medical marijuana licenses, Luis has worked full-time on administrative appeals of license denials and assisting clients to open various processing facilities and dispensaries in Ohio, as well as raising private investment capital to fund build-out and operations.

In addition, Luis has worked with national and international law firms and multi-state cannabis companies as Ohio regulatory counsel in the growing but complex cannabis M+A field.

Luis is a frequent commentator, writer and continuing legal education presenter on the topic of medical marijuana. He is also a member of the International Cannabis Bar Association. 


Publications + Presentations

Presentation

Cannabis Industry in the U.S. + Ohio

Paralegal Association of Central Ohio's Education Day
Presentation

Medical Marijuana: A Business and Criminal Law Update

Columbus Bar Association
Article

Looking Ahead at Ohio’s Medical Marijuana Business

Columbus Bar Association’s Legal Connections
publication

Medical marijuana businesses still face real estate challenges in Ohio

Columbus Business First
Article

Health Care and the Business of Cannabis: Legal Questions and Answers, First Edition

American Health Law Association
publication

Medical Marijuana + Telehealth: Best Practices During the Pandemic

Ohio’s healthcare professionals are leaning on telehealth during the COVID-19 outbreak to treat Ohio Medical Marijuana Control Program patients. As a result of the outbreak, the Ohio Medical Board has authorized physicians who hold a Certificate to Recommend to use telemedicine in place of in-person visits to make recommendations and renewals for medical marijuana to qualifying patients. The State of Ohio Board of Pharmacy adopted a similar measure by authorizing dispensaries — now classified as an “essential business” — to accept an order for the sale of medical marijuana over the phone.During the pandemic, dispensaries are permitted to accept an order for the sale of medical marijuana over the phone from a patient or caregiver. Orders placed over the phone must be received (a) at the dispensary by dispensary employees, (b) through the dispensary’s telephone system, and (c) during business hours. Patients and/or caregivers must still pick up medical marijuana orders in person at the dispensary prior to the close of business the day the order was placed.Dispensary employees are required to follow existing program regulations when selling medical marijuana ordered over the phone. As a reminder, dispensary employees must:Verify the patient/caregiver’s identity using photo identification and registry card before granting the patient/caregiver access to the dispensary department;Retrieve the order for medical marijuana after the patient/caregiver enters the dispensary department;Assist the patient/caregiver to an available point-of-sale;Verify the patient/caregiver’s identity using photo identification and registry card before completing the sale;Check OARRS to verify the sale will not exceed the 90-day supply;Complete the sales transaction in METRC; andAffix the label to the container or package after the patient/caregiver verifies the order is correct.Any telephone order for medical marijuana that is not picked up by close of business on the day the order is received must be returned to the dispensary’s vault/safe.Dispensary employees delivering telehealth services are prohibited from engaging in the following conduct:Cold-calling medical marijuana program patients;Dispensing medical marijuana outside of the dispensary;Accepting payment for medical marijuana outside of the dispensary; and Processing transactions within METRC or OARRS prior to the sale of medical marijuana.Any questions about your responsibilities in recommending or dispensing medical marijuana should be directed to Kegler Brown’s Medical Marijuana Team: Luis M. Alcalde + Rachel Friedman Gold.

Presentation

The Impact of Medical Marijuana in Ohio Workplaces

On January 29, Tony and Luis spoke to attendees of the Ohio Agribusiness Association’s 2020 Industry Conference, providing vital education on cannabis, cannabinoids, and the differences between hemp and marijuana. They also broke down what Ohio’s Medical Marijuana Act does not include in order to provide attendees with guidance on employer rights. Focusing on further employment concerns, Luis and Tony explained what the Ohio Bureau of Workers’ Compensation will and will not cover, and discussed testing, workplace policies, ongoing legalization trends and more. 

Ohio Agribusiness Association’s 2020 Industry Conference
Presentation

Medical Marijuana Business Taxation

On December 3, Luis shared an update on Ohio’s medical marijuana law with the National Business Institute. He also discussed marijuana at a national level, detailing tax collections and the IRS sections related to doing business in marijuana. Using recent case studies, Luis illustrated how businesses can and cannot deduct or capitalize indirect expenses. Issues such as labor and licenses were also addressed. Luis also presented this topic at a December 17 event put on by the National Business Institute in Dayton, OhioOn December 3, Luis shared an update on Ohio’s medical marijuana law with the National Business Institute. He also discussed marijuana at a national level, detailing tax collections and the IRS sections related to doing business in marijuana. Using recent case studies, Luis illustrated how businesses can and cannot deduct or capitalize indirect expenses. Issues such as labor and licenses were also addressed. Luis also presented this topic at a December 17 event put on by the National Business Institute in Dayton, Ohio

National Business Institute
Presentation

Legalized Marijuana: Impact on Cities

On October 22, Luis spoke to the Mid-Ohio Regional Planning Commission about the history, status and future of legalization and the cannabis industry. Along with looking at the global medical marijuana industry and the tax revenues of adult use states, Luis also updated attendees on the structure of licensure in Ohio. Discussing the changing views and impacts on cities of marijuana, Luis broke down moratoriums, industry and zoning regulations, and new frontiers for decriminalization. On October 22, Luis spoke to the Mid-Ohio Regional Planning Commission about the history, status and future of legalization and the cannabis industry. Along with looking at the global medical marijuana industry and the tax revenues of adult use states, Luis also updated attendees on the structure of licensure in Ohio. Discussing the changing views and impacts on cities of marijuana, Luis broke down moratoriums, industry and zoning regulations, and new frontiers for decriminalization.

MORPC