Cannabis Corporate Lawyer
The cannabis industry is booming in the United States, and in some states like New York, lagging. Finally, New York is beginning to contribute to this budding business. As the cannabis industry continues to grow, there will inevitably be evolving regulations surrounding the industry, and our attorneys are involved at the forefront of that innovation. Cannabis can be a lucrative and smart business investment, but you must be aware of the federal and state laws that are currently in place and that will be implemented in the future. With the help of experienced regulatory counsel, you can be assured that your cannabis business endeavors will be protected.
Warren Law Group assists its cannabis clients with:
Regulatory compliance
- Label compliance
There are various regulations that have been issued in connection with the distribution, manufacturing, and sale of cannabis. For instance, there are rules requiring cannabis packaging that does not appeal to minors and that is child-resistant, rules requiring ingredients and concentration amounts on the packaging, rules regarding warnings and weight on labels, etc. Our cannabis counsel can help you comply with all of these requirements confidently. - Licenses
In order to operate certain cannabis companies, you must have a license in New York State. Our attorneys can assist you in obtaining your license and assist with any necessary paperwork that comes along with this process. - Testing requirements
Every cannabis product must be tested in a lab prior to its distribution. This varies state by state; if investors, however, get their product approved by the Good Manufacturing Practices (GMP), they can be assured that their product is able to hit the legal market. Our attorneys can facilitate this process in getting your product GMP approved. - Supply chain protection
Due to popular demand, cannabis oftentimes sells out very quickly in dispensaries. Therefore, there are many supply chain issues with the product as the demand exceeds the supply. An attorney can assist you in creating a sufficient supply chain plan to ensure you don’t run out of product. - Capital raising
Like any other business, if you are interested in selling your own cannabis product, you must raise a sufficient amount of capital to launch your business. Our corporate attorneys are extremely well versed in this area of practice and will help you take your cannabis business from a bud to a whole leaf. - Intellectual property
Cannabis companies need various types of intellectual property rights to expand and maintain their businesses. For instance, these companies will need patents, copyrights, trademarks, etc. Experienced legal counsel will guide you through this process and ensure your company is protected. - Applications
There are various applications and paperwork filings that must be completed upon investing in the cannabis industry. An attorney will facilitate this process and ensure there are no mishaps in your application process. - Real Estate
There are specific regulatory requirements surrounding leases, zoning and commercially reasonable terms for real estate used in the cannabis industry. Our experienced legal counsel will help you get your brick and mortar cannabis business up and running.
Corporate governance
A company's management team has fiduciary duties to stakeholders, which may be enhanced for cannabis companies. Our experienced corporate attorneys will advise on how best to protect your rights and fulfill your obligations as you grow your cannabis company.
Insolvency/liquidity
Incredibly, Cannabis is still considered an illegal drug with no accepted medicinal use under U.S. federal law, which limits distressed cannabis companies' use of the federal U.S. Bankruptcy Code for debt relief. Our attorneys can guide you through out of court restructuring and financing solutions, such as account receivable and trade financing, to alleviate illiquidity burdens.
Medicinal
Before cannabis was legal for personal use, it was legal for Medicinal use in New York under laws that still exist, but are constantly changing. Our attorneys will help you help and heal as a caregiver or alternative treatment center.
Tribal & Indigenous
The U.S. Constitution as well as international Human Rights laws protects the rights of Tribes and Indigenous Peoples to practice their indigenous culture, medicine, and religion. Our experienced attorneys can help you grow and protect your indigenous cannabis business or non-profit organization.
In addition to our corporate and regulatory compliance work with the cannabis industry, the attorneys at Warren Law Group leverage their litigation experience by representing cannabis clients in contractual, partnership, and debtor-creditor disputes and litigations.
Book Your Complimentary Consultation
Your case matters. We can help. Contact the team at WLG and book your complimentary consultation.
Frequently Asked Questions
Opening a dispensary in New York is a complicated, regulatory process. You will need to obtain a cannabis license (a CAURD) in order to begin this business endeavor, which you can obtain through the help of an attorney. It is important to note that this license will be a $2000 application fee. You also must meet the qualifying business or nonprofit criteria. The Governor’s office also has several requirements you must follow upon opening your dispensary, including:
- Creating an office of “Cannabis Management” specialized in regulation for medical, adult, and hemp programs
- Social and economic equity licensing opportunities
- Egalitarian adult-use market structure and help facilitate access to capital
- Technical assistance and incubation for equity entrepreneurs
- Intent to correct past harms to communities disproportionately affected by cannabis prohibition
In order to obtain a cannabis license in New York, you must meet certain requirements. There are two kinds of eligibility requirements; qualifying business criteria and qualifying nonprofit criteria.
- Qualifying business criteria:
- Justice involved (if you have been charged with a crime related to cannabis)
- Own a qualifying business experience
- Qualifying nonprofit criteria:
- at least thirty percent (30%) of the applicant must be owned by a qualifying nonprofit organization that has:
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- A history of creating vocational opportunities for current or formerly incarcerated individuals, including justice involved individuals;
- A history of intentionally serving current or formerly incarcerated individual, including justice involved individuals;
- At least one justice involved board member, officer, governing committee member, or advising committee member;
- At least five full time employees;
- Operated a social enterprise that had net assets or profit for at least two (2) years, defined as a business serving customers, operated by a nonprofit or fiscally sponsored by a nonprofit, which both fulfills the parent organization’s mission and generates revenue.
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- Significant presence in New York State
There are several classes you can apply for to obtain your cannabis license in New Jersey.
- Class 1 Cultivator Licenses
- Class 2 Manufacturer Licenses
- Class 5 Retailers
- Testing Laboratories
Social Equity Businesses, Diversely-Owned Businesses, Impact Zone Businesses, and applications that receive bonus points will be afforded priority review, scoring, and approval.
- Personal History Disclosure for all persons of interest
- Entity Disclosure Forms for the license applicant entity and any entities of interest on the application
- Signed affidavits, releases, and waivers completed by an individual authorized to sign on behalf of the license applicant
- Social Equity Business attestation, if seeking to apply as a Social Equity Business
Meet Our Cannabis Attorneys
Click on the photos below to see the WLG team members who can assist in resolving your matter.
Christopher D. Warren - Managing Partner
Paul Share - Partner
C.A. Morrison - Of Counsel
Paul McCulloch, Of Counsel
Why Choose Us?
As the budding cannabis industry in New York and New Jersey grows, the need for regulatory representation increases. Our cannabis counsel team has both business and legal experience in the cannabis industry, specifically pioneering some of the first cannabis lounges and businesses in Denver, Colorado. C.A. Morrison, the head of our cannabis counsel team, has worked alongside Warren Law Group corporate attorneys to prepare some of the very first Regulation D exempt private placements in New Jersey related to cannabis. Our corporate attorneys extensive and practical business and legal experience makes Warren Law Group the right choice to facilitate your legal needs in the cannabis industry.