Full-Service Legal Counsel for the Cannabis Industry
With more than 280 attorneys located from New York to South Carolina and in California, Offit Kurman has earned its well-deserved reputation for successfully representing businesses and entrepreneurs in the fields of regulatory compliance, business transactions, employment, real estate/zoning, intellectual property protection and other areas of law affecting the legal cannabis industry. Our Cannabis Law Group attorneys bring their decades of experience, multi-disciplinary expertise and business acumen to the highly regulated cannabis industry. Cannabis businesses face many legal obstacles and operational challenges and are forced to deal with complex and constantly changing issues. Whether you are looking for an expert on cannabis regulatory issues, seasoned lawyers who can handle complicated issues with skill and ease, or an understanding of the current regulatory, legislative and business issues affecting cannabis companies in one of our jurisdictions, Offit Kurman is here to ensure your success in the cannabis industry.
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Formation and Governance
- We assist cannabis companies obtain their initial license or registration and prepare and file compliance documents as needed to keep your business in good standing. We provide application support and guidance on state licensure requirements, and also provide related support on issues such as corporate governance, real estate acquisition and capitalization. We develop formation documents and key contracts, operating procedures, and help our clients to onboard investors and employees.
- From pre-transaction planning through the letter of intent, due diligence, restructuring, document drafting, and closing, we work with buyers and sellers, lenders and borrowers, landlords and tenants through each stage of the transaction process to navigate complex business transactions in a highly regulated space.
- As with any highly-regulated business, success in the cannabis industry depends on business owners’ ability to stay in compliance with local, State, and federal laws. The failure to operate a compliant cannabusiness, however, creates added risk such a criminal penalties and asset forfeiture. Experienced and professional regulatory compliance guidance is more than just a luxury in the legalized cannabis space—it’s a necessity. We provide expert compliance guidance in all areas relevant to cannabis businesses, including but not limited to local planning and zoning; local and State cannabis and general business regulation; federal safety, banking, and commerce laws and regulations; tax guidance; employment and wage and hour issues; intellectual property; and health care and privacy issues.
- We strive to provide high-quality, readily available educational materials and resources to clients and the cannabis industry at large. From our Tor of ‘Tors webinar series with stops in Maryland, Pennsylvania, and New Jersey, CannaBlastsSM, blog posts and regular speaking engagements, our cannabis attorneys regularly and consistently disseminate reliable, trustworthy, actionable information and resources to operators, ancillary business owners, investors, and others who want to follow the cannabis industry.
- Our cannabis practice provides owners and entrepreneurs unique networking opportunities unmatched in the industry. Our attorneys host periodic events to create a space for industry players, investors, legislators and thought leaders to congregate and connect. We work with clients and friends of the firm to provide an array of industry-specific resources and opportunities.
- Our cannabis attorneys use their industry expertise to promote and effectuate regulatory change. From giving testimony at a state Senate hearing on a proposal to revise cannabis licensee ownership restrictions to participating in industry work groups on Delta-8 and the use of licenses as collateral for secured loan transactions, we are actively involved in the many conversations that shape the cannabis industry.
CANNABIS IS A CONTROLLED SUBSTANCE UNDER FEDERAL LAW AND A CONFLICT NOW EXISTS BETWEEN STATE LAWS AND FEDERAL LAW ON THE LEGALITY OF CANNABIS. OUR PRACTICE GROUP IS AVAILABLE ONLY TO ADVISE CLIENTS ON ISSUES IN RELATION TO APPLICABLE STATE LAW AND COMPLIANCE ISSUES RELATED THERETO. ANY ADVICE PROVIDED ON SUCH MATTERS IS VALID ONLY AS OF THE TIME IT IS PROVIDED. IF ANY SUCH LEGAL SERVICES AS PROPOSED BECOME UNLAWFUL AT ANY TIME DUE A CHANGE IN STATE LAWS OR A MATERIAL CHANGE IN THE FEDERAL ENFORCEMENT OF LAWS RELATING TO CANNABIS, WE MAY TERMINATE SUCH SERVICES UPON NOTICE TO AFFECTED CLIENTS. GIVEN THE IMPLICATIONS OF U.S. FEDERAL LAW REGARDING CANNABIS, IT MAY BE THE POSITION OF FEDERAL OR STATE GOVERNMENTS OR EVEN THIRD PARTIES THAT OUR ADVICE MAY NOT BE PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE.