YES WE CAN - NABIS
Legalized marijuana – be it for medical or recreational use – is here and the business is booming. Cannabis in all its forms, including CBD, is a multi-billion dollar industry that has taken the marketplace by storm and only shows signs of continued growth, as more and more states turn green.
We have watched the legalization debate for years, and continue to monitor the long-term viability of the Controlled Substances Act (CSA) (21 U.S.C. § 811), the law that renders the medical and recreational use of cannabis illegal on the federal level. The CSA aside, we embrace the acceptance, regulation and ongoing commercialization of marijuana in the ever-expanding list of jurisdictions that have legalized it, and have built a practice around the industry. We have done so with the understanding that while players in the cannabis space are confronted with a unique set of regulatory challenges, they are also subject to the same operational issues prevalent across industries.
With that in mind, the cannabis attorneys at Michelman & Robinson take pride in their representation of marijuana-related businesses (e.g., retailers, wholesalers, processors, growers, distributors, licensees/licensors, investors and ancillary concerns) and those promoting social equity within the cannabis sector.
DISCLAIMER: PLEASE BE ADVISED THAT THE POSSESSION, CULTIVATION AND DISTRIBUTION OF MEDICAL OR RECREATIONAL CANNABIS REMAINS ILLEGAL UNDER THE FEDERAL CONTROLLED SUBSTANCES ACT (“CSA”), AND THE U.S. DEPARTMENT OF JUSTICE MAINTAINS THE AUTHORITY TO FEDERALLY PROSECUTE CANNABIS BUSINESSES THAT MAY OTHERWISE BE LEGAL IN VARYING STATES. RELATED BUSINESSES AND PROFESSIONALS WORKING IN OR WITH THE CANNABIS INDUSTRY ARE ALSO SUBJECT TO PROSECUTION UNDER THE FEDERAL LAW. NOTE THAT STATE LAWS THAT DECRIMINALIZE THE POSSESSION, CULTIVATION AND DISTRIBUTION OF CANNABIS ARE IN CONFLICT WITH THE CSA, AND THERE IS ALWAYS A RISK THAT THE CONFLICTING FEDERAL LAW MAY BE ENFORCED. THAT BEING SAID, IN NO EVENT SHALL MICHELMAN & ROBINSON’S SERVICES INCLUDE LEGAL ADVICE OR COUNSEL IN CONNECTION WITH ANY ILLEGAL ASPECTS OF THE CANNABIS BUSINESS, AND THE FIRM’S REPRESENTATION OF CANNABIS-RELATED CLIENTS IS NOT INTENDED, AND SHALL NOT BE CONSTRUED, AS AIDING IN THE COMMISSION OF AN ILLEGAL ACT OR VIOLATION OF FEDERAL LAW.
Areas Of Expertise
- Corporate Law
Our transactional lawyers assist cannabis clients with entity formation; corporate governance; due diligence, mergers and acquisitions; financing; joint ventures; private equity and venture capital; taxation; and advertising, marketing, labeling, and packaging (as they pertain to both TCH and CBD products).
- Employment Law
Cannabis companies are employers too. We guide them through hiring and firing; wage and hour issues; workplace policies and procedures; executive compensation; employee benefits; and disability, harassment and discrimination claims.
- Intellectual Property Law
We handle cannabis-related IP matters, including trademark registration; licensing; brand identity and rights protection; and infringement litigation.
Our powerhouse litigators represent cannabis clients in all tribunals.
- Outside General Counsel
We provide advice and counsel concerning day-to-day administrative and operational matters, including contracts and compliance
- Real Estate Law
M&R’s real estate professionals take care of acquisitions, leasing, zoning, and land use matters for our cannabis clientele.
- Marijuana Venture, January 2020
- Cannabis Business Executive, December 5, 2019
- Cannabis Business Executive, October 2, 2019
- High Times, September 30, 2019
- 5 Key Considerations When Starting Your Cannabusiness December 5, 2019