Biography

Tom Downey is a regulatory attorney and shareholder at Ireland Stapleton with extensive experience in both government service and private practice. He advises clients on all aspects of regulatory law and is widely recognized for resolving complex issues governed by local, state, and federal agencies.

Tom’s practice focuses primarily on advising and representing corporate clients in administrative, transactional, and disciplinary matters involving liquor licensing, legalized marijuana, and professional licensing regulated by the Colorado Department of Regulatory Agencies. He also represents investors, creditors, developers, intellectual property holders, and other stakeholders involved in licensed and highly regulated industries.

To provide comprehensive counsel, Tom regularly handles zoning and land use matters, code enforcement issues, election law, Title Board proceedings, and public policy work. He represents government entities and nonprofit organizations across the country.

In addition to his legal practice, Tom serves as an arbitrator for the American Arbitration Association and is frequently retained as an expert witness in regulatory matters. He regularly teaches continuing legal education courses and speaks nationally on regulatory and licensing law. Tom is also a frequent guest lecturer at law schools, including the University of Denver and Cornell University, and previously served on rulemaking committees for the Colorado Marijuana Enforcement Division and the Liquor Enforcement Division.

Tom began his legal career as a law clerk to Judge D. Warren Donohue of the Circuit Court of Maryland. While in law school, he spent the summer of 1992 in Budapest as a consultant to a founding member of Hungary’s first opposition party, assisting in the early work to redraft the country’s constitution. Prior to law school, he worked for U.S. Congressman Charles B. Rangel of New York.

Tom and his wife, Lori Fox, have three daughters, Cate, Ella, and Meg, all of whom are accomplished singers and songwriters.

Education & Admissions

Education 

  • University of Pennsylvania, Wharton Business School Executive Program – High Impact Leaders (non-degree), 2009
  • J.D., Villanova School of Law, 1993, Vice-Chair, Villanova Law School Honor Board, Vice-President, Villanova Law School Women’s Law Caucus, President, Villanova Law School Rugby Club
  • Bachelor of Arts in Economics, College of William and Mary, 1989

Admissions 

  • Colorado Supreme Court
  • U.S. District Court for the District of Colorado
  • U.S. Circuit Court of Appeals, 10th Circuit
Honors & Awards
  • The Best Lawyers in America® “Lawyer of the Year” Honoree, 2023
  • Selected to The Best Lawyers in America® for Administrative/Regulatory Law and Government Relations, 2018-2025
  • Selected to 5280 Magazine, Top Lawyer Marijuana Law, 2016-2022
  • Selected to Law Week Colorado’s 2018 “Barrister’s Best” list – People’s Choice for Marijuana Law
Legal Experience
  • Acts as regulatory counsel for a hemp company on a national scale, utilizing local counsel for operations in specific states.
  • Acts as U.S. regulatory counsel for a European agriculture supply company targeting the cannabis industry.
  • U.S. regulatory counsel for Canadian cannabis companies for U.S. national issues and oversees local counsel for state operations.
  • Advises regulated institutional investors in the U.S. cannabis industry.
  • Designated as a Colorado Special Assistant Attorney General for specialized cannabis issues.
  • Advises U.S. colleges and universities on both the use of endowment funds and course curriculum related to cannabis.
  • Advises charitable foundations on cannabis-related activities.
  • Advises nonprofits on liquor licensing with a specialty in theatre-related liquor licenses.
  • Represents licensees and neighbors for Short-Term Rentals.
  • As a result of the decision in the U.S. Supreme Court case Murphy v. National Collegiate Athletic Association, represented a national client through Colorado’s ballot initiative, legislation, and rule-making processes to bring sports betting to Colorado.
  • Led Denver’s Department of Excise and Licenses, issuing and regulating 25,000 business licenses in Denver in 180 different categories.
  • Redrafted Denver’s Policies and Procedures for liquor licensing and wrote the original Policies and Procedures for Denver’s legalized recreational marijuana licenses.
  • Appointed by Governor Hickenlooper to advise the administration and General Assembly on the legislation creating recreational marijuana.
  • Created and ran the Business and Licensing Division of the Colorado Secretary of State’s Office.
  • Served as an Assistant Attorney General in the Business and Licensing Section under A.G. Ken Salazar.
  • Avalos v. Davidson, No. 01CV2897, slip. Op. at 2 (Denver Dist. Ct. Jan. 25, 2002). This Congressional Redistricting trial was the most contested in Colorado’s history, as 30+ parties battled over the re-drawing of US Congressional lines with the addition of a 7th District. In this trial, the judge used Tom’s theory of the case that the winner of a major party’s primary should not automatically be set to win the general election; that the “Majority of the Majority Rule” is bad for democracy. The proposal, adopted by the court, created three safe Republican districts, two safe Democratic seats and two seats where non-major party/independents would decide who goes to Washington DC.
involvement & publications

Involvement

  • Colorado Bar Association, Cannabis Law Section, Member
  • Community College of Denver, Advisory Board Member
  • Coalition for Cannabis Policy, Education, and Regulation, Board Chair
  • Colorado Secretary of State’s Advisory Committee, Member
  • Denver Metro Chamber of Commerce, Public Policy Forum, Member
  • Bonfils-Stanton Foundation, Livingston Fellow (2007-present), focus: the creation of management theory, an execution model of Jim Collins’ “Good to Great” principles
  • Children’s Museum of Denver, President (2005-2009)
  • Civic Canopy, Board Member (2021-present)
  • Colorado Children’s Campaign, Board Chair (1998-2006)
  • Colorado Nonprofit Association, Board Chair (2006-2012)
  • Denver Film, Board Member (2022-present)
  • Harm Reduction Action Center, Board Member (2023-present)
  • Westerly Creek (Stapleton) MCA, Elected Delegate (2018-2021)
  • Westerly Creek Metropolitan District, Elected Board Member (2014-2021)

Publications

  • “Cannabis, CBD, and Hemp Business and Regulation Law,” Continuing Legal Education Presentation, March 15, 2023
  • “Opinion: More Choice, Less Regulation are on Colorado’s Fall Ballot,” The Colorado Sun, Opinion Column, October 1, 2022
  • “New Sports Betting Businesses: Rules and Regs for Operating in Colorado,” July 6, 2020
  • “Legalized Marijuana and Hemp/CBD: What Colorado Businesses Need to Know,” City Club of Denver, February 25, 2020
  • “Fair Labor Standards Act Protections Apply to Employees of Marijuana Companies,” November 27, 2019
  • “Opinion: The Trump impeachment inquiry doesn’t begin to compare to the mayhem of the very first one,” The Colorado Sun, Opinion Column, October 13, 2019
  • “CBDooo or Don’t Nonprofits & Marijuana Philanthropy,” Estes Park Nonprofit Camp, September 30, 2019
  • “An Overview of Legal Marijuana,” Philadelphia Marijuana and Hemp Law Symposium, March 22, 2019
  • “The Future of… RiNo Development,” BusinessDen, February 19, 2019
  • “Opinion: Federal marijuana legalization may not be the dream scenario some imagine,” The Colorado Sun, Opinion Column, December 23, 2018
  • Colorado Business Committee for the Arts Art + Cannabis Forum, November 29, 2018
  • “Bankruptcy and State Alternatives for Marijuana Businesses,” September 7, 2018
  • “The Enduring Manifestations of Prohibition,” Cannabis Law Institute, September 7, 2018
  • Recreational Marijuana – The Impact of Federal Enforcement on Colorado, CLE Course, Colorado Law Institute, May 17, 2018
  • “Rescheduling Versus Descheduling – The Impact of Legalization,” at Colorado Law Institute, May 17, 2018
  • “US Attorney Jeff Sessions and Marijuana Policy – What Will It Mean for the Industry?,” Colorado Law Institute, May 17, 2018
  • “An Overview of Legal Marijuana,” Mesa County Bar Association Luncheon, April 23, 2018
  • “A Changing Landscape: The Federal Update,” Pennsylvania Bar Association, March 16, 2018
  • “X-TEAM: An Overview of Legal Marijuana,” X-Team Conference, February 8, 2018

Media

Cannabis and the Law: What Happens When Cannabis is Legalized in America?

February 3, 2021

The Decriminalization of Hemp

December 2019

Featured Articles

Denver Office

Modern open lounge area with blue sofas, gray armchairs, a round wooden coffee table, pendant lights, and a mural of a bear with mountains in the background.

Fort
 Collins Office

Cozy seating area with two wooden armchairs with gray cushions, a wooden bench, a round wicker table, and large green plants near a tall window.

Grand 
Junction Office

Modern office lounge area with curved light sofa, round coffee table, cushions, plants, and a large window.