New York, Massachusetts, Connecticut and other states have a variety of complex cannabis licensing requirements and regulations. We help our clients navigate high-stakes matters with a maze of federal, state and local agencies. We have deep experience with licensing, inspections, regulatory compliance and enforcement.

We also advise on compliance with state and local lobbying laws, including the vetting and selection of state and local lobbyists.

Our Cannabis Industry Team has experience managing contract disputes, business conflicts, compliance matters, enforcement actions, and litigation pertaining to environmental concerns, land use, intellectual property and a range of other legal disputes involving cannabis law. We handle all aspects of the litigation process, from pleadings to discovery to motion practice to trial, including pre-trial preparations and post-trial procedures. We also engage in all manners of alternative dispute resolution (ADR), including arbitration, mediation, and administrative hearings.

Harris Beach Murtha’s cannabis lawyers can advise on acquisition, leasing, leaseback, financing and development of real estate, helping cannabis companies navigate and secure local and state permits and land use approvals, including rezoning, special permit, site plan, subdivision and variance approvals.

We assist in coordinating and managing due diligence of commercial real estate transactions, including title review, zoning and land-use research, survey analysis and review of environmental and engineering reports.

We help legal marijuana-related companies navigate complex state environmental review processes including the New York State Environmental Quality Review Act (SEQRA), New York City Uniform Land Use Review Procedure (ULURP), Connecticut Environmental Policy Act (CEPA) and the Massachusetts Environmental Policy Act (MEPA).

Harris Beach Murtha assists with every phase of a cannabis-related company’s project, including managing project applications to secure approvals, negotiating bid requirements and contracts and coordinating owners, developers, municipalities, construction teams and other key stakeholders.

We assist with commercial leasing, construction and surety law, energy incentives and requirements, environmental matters and more to put your development project in position for success.

Our marijuana attorneys counsel clients throughout New York, Massachusetts, Connecticut and the nation on federal tax and state and local tax (SALT) issues, including economic development incentives, grants, tax credits, tax exemptions and financing.

Our Cannabis Industry Team counsels partnerships and limited liability companies (LLC) in planning and executing strategies designed to meet business goals, minimize tax cost and comply with tax rules and regulations. We also assist clients in corporate transactions, including mergers and acquisitions, divestitures, refinancing, leveraged buyouts, incorporations, public offerings and private placements.

We also provide direct client representation for disputes related to business, personal income, sales and land use taxes. We have deep experience with civil and criminal actions involving federal, state and local taxing authorities, from the audit level through the appellate process.

Our team helps identify federal and state tax credits, exemptions and government incentives to put legal marijuana businesses in a position to succeed. Our deep knowledge of economic development opportunities is a benefit to any thriving business.

We also counsel clients on sales and use-tax exemptions at the state and local level, as well as real property tax abatements (payment in lieu of taxes).

Marijuana is often treated differently at the state and federal levels. While it is legal in New York, Massachusetts and Connecticut and other states, it is currently illegal at the federal level. (The federal government is considering rescheduling marijuana.)

Because it is illegal at the federal level, banks are reluctant to provide loans and other support to cannabis-related companies, putting those businesses at a disadvantage. Harris Beach Murtha’s Cannabis Industry Team has experience with both cannabis entrepreneurs and potential investors and advises on capital raising options. We guide clients through alternatives such as equity financing, debt financing, management fees, strategic partners and real estate options.

We also help marijuana businesses with compliance requirements, such as anti-money laundering laws and customer due diligence requirements.

Cannabis-related businesses often face increased scrutiny from regulators. If your legal cannabis company falls victim to unjust enforcement, our meticulous lawyers possess a deep, comprehensive understanding of federal and state regulations and work side-by-side with you to resolve these matters. We have experience representing cultivators, dispensaries, retailers and more with allegations of illegal business practices.

Our Cannabis Industry Team helps with patent, trademark and copyright applications for cannabis products and cannabis derivatives, such as CBD. We assist our clients in navigating rejections from the U.S. Patent and Trademark Office (USPTO) for hemp/CBD-related trademark applications based on the federal Food, Drug and Cosmetic Act (FDCA). We also help enforce trademark and copyright claims against infringers, including drafting cease and desists and through trademark and copyright litigation.

Our marijuana lawyers advise on corporate, limited liability companies (LLC) or partnership formation and structuring; assists in preparing shareholder, LLC or partnership agreements; and assists in restructurings, buyouts and similar reorganizations. We advise on mergers and asset or equity acquisitions or dispositions, as well as private placements, convertible note offerings and senior or mezzanine financings.

We help clients create corporate boards, charters, bylaws and compliance policies, as well as develop guidance for directors.

Our full-service team also drafts and negotiates supplier, customer, licensing, intellectual property and other contracts.

Harris Beach Murtha’s attorneys advise, draft, review and negotiate workforce policies related to cannabis screening and use. We also assist with employment issues such as hiring best practices, development of legally compliant employee manuals/policies and employee training.

Our attorneys also counsel cannabis-related clients on employment matters of statutory compliance, including the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), wage and hour and the Employee Retirement Income Security Act (ERISA).

To help marijuana companies with labor issues, we assist foreign nationals with waivers following cannabis-related inadmissibility determinations and advise on potential immigration consequences of involvement in the cannabis industry and/or personal use of marijuana.

Interstate commerce of marijuana is prohibited because of its illegal status at the federal level, making it subject to provisions of the Food, Drug and Cosmetic Act (FDCA) and Controlled Substances Act (CSA). But some states, such as California, Oregon and Washington, have passed laws the permit cannabis businesses to transport THC products across lines for sale in other legal markets if the federal government legalizes marijuana and interstate commerce.

Inside and outside of New York, Massachusetts and Connecticut, out-of-state operators are finding some legal success in challenging this prohibition. Certain judges agree that the illegality of marijuana at the federal level bars it from regulation under the Dormant Commerce Clause, which prohibits states from discriminating against out-of-state businesses. Our cannabis team helps make your case to regulators, so your business thrives.

Many states treat marijuana advertising and marketing differently than other consumer products. Many demand what they deem “responsible” advertising and scientifically fact-based information. Some states bar cannabis advertising near schools and churches. Harris Beach Murtha’s attorneys help navigate those regulations so your legal cannabis company can showcase its products on television, radio, print and the internet.

Medical marijuana organizations may face different obstacles and regulations than recreational cannabis businesses. We advise registered medical marijuana organizations and health care organizations in day-to-day operations and regulatory compliance, including the Health Insurance Portability and Accountability Act (HIPAA) and other privacy laws.