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Jason W. Klimek

Member

jklimek@harrisbeachmurtha.com
D: (585) 419-8646  
- Rochester, NY Office
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Jason Klimek
Profile
Representative Matters
Resources
Distinctions

Jason’s comprehensive understanding of the cannabis industry complements his experience as a successful corporate and tax attorney, uniquely qualifying him to counsel cannabis companies on business and tax matters. A co-leader of our Cannabis Industry Team, he’s developed a stellar reputation working with cannabis companies of all forms and sizes on entity selection, taxation, funding, licensing, regulatory navigation, employment issues, securities transactions and a host of other matters.

As New York rolled out its legal cannabis market, Jason worked with lawmakers and regulators to help develop the Marijuana Regulation and Tax Act that legalized cannabis use, as well as some of its subsequent regulatory components. He also worked closely with conditional adult-use retail dispensary licensees, cultivators, processors, cannabis labs and several multi-state operators throughout the drawn-out legalization process, assisting them with building their businesses from the ground up. His deep experience and knowledge led to frequent speaking and writing engagements on the topic of cannabis law, as well as to being appointed the chair of the New York State Bar Association’s Cannabis Law Section’s Tax Committee and the Cannabis Association of New York’s Policy Committee chair.

Jason’s extensive knowledge of tax law benefits his corporate clients in many ways. In addition to cannabis companies, he frequently works with technology startups on the complex tax issues they face in launching a business. His corporate and tax experience includes structuring entities, advising on regulatory compliance, handling mergers and acquisitions, licensing work, analyzing tax implications for C Corporations, S Corporations and LLCs, stock and asset sales, drafting purchase agreements and many other business matters. He is a frequent speaker and writer on topics such as entity structure, corporate taxation, partnership taxation, taxation of intellectual property and personal taxation.

Insights
October 6, 2026

New York Opens First Adult-Use Cannabis Nursery License Application Window

Applications open November 5, 2026, and the initial window will close after 50 submissions.
July 30, 2026

NY Appellate Division Issues Landmark Cannabis Preemption Decision

This decision gives licensees and property owners a stronger basis to challenge local restrictions that interfere with dispensary locations.
June 9, 2026

Potential Refund Opportunity for COVID-Era IRS Penalties and Interest

A recent court decision may create an opportunity to seek refunds or abatements of certain penalties and interest assessed during COVID.
May 27, 2026

OZ 2.0 Opportunity Zones in New York State: Key Information and Strategy

Coordinated, early advocacy significantly boosts the chances of selection when the Governor submits nominations for designations.
April 24, 2026

DOJ Issues Medical‑Only Schedule III Order — Caution Is Warranted

The order raises substantial legal and procedural questions and is already the subject of anticipated immediate litigation.
April 2, 2026

Discounting Adult-Use Cannabis Products in New York

NY cannabis businesses may be incorrectly calculating tax on discounts and other promotions, possibly creating personal liability exposure.
March 11, 2026

IRS Files First Response to Common Industry 280E Arguments

New Mexico Top Organics v. Commissioner, has been heralded as a critical vehicle for challenging the applicability of Section 280E.
December 19, 2025

Cannabis Rescheduling: “Expedite” Is a Political Word, Not a Legal One

Cannabis rescheduling is not a switch that can be flipped by executive order. It is a slow, adversarial process.
News
September 2, 2026

Harris Beach Murtha Attorney Featured in Rochester Business Journal Cannabis Discussion

The discussion brought together local cannabis, legal and financial experts to examine the industry’s growth and hurdles to overcome.
August 12, 2026

Law360 Covers Harris Beach Murtha Cannabis Case

Cannabis Industry Team co-leader Jason W. Klimek represented one of the petitioners in the landmark case.
July 2, 2026

Harris Beach Murtha Attorney Discusses Cannabis Rescheduling with Media

While rescheduling might be welcome, it will raise a lot of questions and likely dramatically change the market.
June 15, 2026

Firm Attorney to Lead NY Bar Association’s Cannabis Law Section

Jason W. Klimek said he’d like to foster more communication between the section and the New York State’s Office of Cannabis Management.
April 27, 2026

Harris Beach Murtha Attorneys Pen Article for MJBizDaily

The two discussed the recent limited rescheduling of marijuana and why it may not deliver the tax relief some hope.
April 21, 2026

Cannabis Attorney Appears in amNY Law

Jason W. Klimek penned a column on cannabis tax rules.
April 17, 2026

Attorney Discusses Long Island Cannabis Industry with Media

Jason Klimek said the industry is growing on Long Island, but stiffer competition and stringent local laws threaten those who opened early.
January 28, 2026

Harris Beach Murtha Case Receives Media Attention

The case could shape how dispensaries and municipalities across NY interpret and apply zoning authority under the state’s cannabis framework
Events

Jason Klimeck Presenting Rochester Business Journal Virtual Panel Discussion: The Business of Cannabis

August 27, 2026
Jason Klimeck will join a panel of local experts to discuss the evolution of New York’s recreational marijuana market.

Attorneys to Hold Online Discussion of Cannabis Rescheduling

May 6, 2026
Jason Klimek and James Mann have a comprehensive understanding of the cannabis industry.

Jason Klimek Co-Presenting CLE for Cannabis Law Section at 2026 NYSBA Annual Meeting

January 15, 2026
Jason Klimek will present, “M&A in the Cannabis Market,” at the 2026 NYSBA Annual Meeting.

Harris Beach Murtha Cannabis Attorneys FL Gorman, Jason Klimek and James Mann to Discuss Federal Marijuana Rescheduling

December 19, 2025
Harris Beach Murtha Cannabis Industry Team members FL Gorman, Jason Klimek and James Mann will discuss federal marijuana rescheduling.

Harris Beach Murtha Partners FL Gorman and Jason Klimek Discuss “Cannabis Income Tax Mitigation: The Interplay of 280(e) and 471(c)” with Tax Attorney James Mann

September 25, 2025
FL Gorman, Jason Klimek and James Mann Discuss Cannabis Income Tax Mitigation.

Jason Klimek Presenting Rochester Business Journal Cannabis Webinar

August 21, 2025
Jason Klimek presenting RBJ webinar on how the recreational marijuana industry is progressing and affecting the industry in New York.
External Publications
April 10, 2023

“People to Know in New York Cannabis: Jason Klimek,” NY Cannabis Insider

December 12, 2022

“New York’s THC-Potency Excise Tax Analysis and Recommendations,” white paper

April 1, 2022

“Cannabis Taxes in New York State: How High is too High?” Tax Stringer, article,

March 1, 2021

“Unintended Consequences of a Novel Tax Structure,” report

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Professional and Civic

  • New York State Bar Association, Cannabis Law Section, Tax Committee chair and Executive Committee member
  • Cannabis Association of New York, Policy Committee, chair 2022-2024
  • Finger Lakes Community College, adjunct professor

Recognition

  • Cannabis Law Report and Cannabis Law Journal, Global 200 Top Cannabis Lawyer, 2025
  • Best Lawyers, Ones to Watch in America, Corporate Law, 2024
  • PoliticsNY and amNY Metro, Cannabis Industry Power Player, 2023
Admissions
New YorkU.S. District Court, New York - Eastern DistrictU.S. District Court, New York - Southern DistrictU.S. Tax Court
Education

Touro College Jacob D. Fuchsberg Law Center

JD 
magna cum laude

Boston University School of Law

LLM 

St. John Fisher University

BS 

Capabilities

Legal Practices

Member of:

Corporate
Tax

Industry Teams

Co-Leader for:

Cannabis

Member of:

Cannabis
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Jason Klimek

Jason W. Klimek

Member

jklimek@harrisbeachmurtha.com
Capabilities
People
Harris Beach Murtha Attorneys at Law
Jason Klimek

Jason W. Klimek

jklimek@harrisbeachmurtha.com
D: (585) 419-8646
Rochester, NY Office

Profile

Jason’s comprehensive understanding of the cannabis industry complements his experience as a successful corporate and tax attorney, uniquely qualifying him to counsel cannabis companies on business and tax matters. A co-leader of our Cannabis Industry Team, he’s developed a stellar reputation working with cannabis companies of all forms and sizes on entity selection, taxation, funding, licensing, regulatory navigation, employment issues, securities transactions and a host of other matters.

As New York rolled out its legal cannabis market, Jason worked with lawmakers and regulators to help develop the Marijuana Regulation and Tax Act that legalized cannabis use, as well as some of its subsequent regulatory components. He also worked closely with conditional adult-use retail dispensary licensees, cultivators, processors, cannabis labs and several multi-state operators throughout the drawn-out legalization process, assisting them with building their businesses from the ground up. His deep experience and knowledge led to frequent speaking and writing engagements on the topic of cannabis law, as well as to being appointed the chair of the New York State Bar Association’s Cannabis Law Section’s Tax Committee and the Cannabis Association of New York’s Policy Committee chair.

Jason’s extensive knowledge of tax law benefits his corporate clients in many ways. In addition to cannabis companies, he frequently works with technology startups on the complex tax issues they face in launching a business. His corporate and tax experience includes structuring entities, advising on regulatory compliance, handling mergers and acquisitions, licensing work, analyzing tax implications for C Corporations, S Corporations and LLCs, stock and asset sales, drafting purchase agreements and many other business matters. He is a frequent speaker and writer on topics such as entity structure, corporate taxation, partnership taxation, taxation of intellectual property and personal taxation.

Areas of Expertise

Legal Practices

Member of:

Corporate
Tax

Industry Teams

Co-Leader for:

Cannabis

Member of:

Cannabis
Please select listing to show.

Admissions

New YorkU.S. District Court, New York - Eastern DistrictU.S. District Court, New York - Southern DistrictU.S. Tax Court

Distinctions

Professional and Civic

  • New York State Bar Association, Cannabis Law Section, Tax Committee chair and Executive Committee member
  • Cannabis Association of New York, Policy Committee, chair 2022-2024
  • Finger Lakes Community College, adjunct professor

Recognition

  • Cannabis Law Report and Cannabis Law Journal, Global 200 Top Cannabis Lawyer, 2025
  • Best Lawyers, Ones to Watch in America, Corporate Law, 2024
  • PoliticsNY and amNY Metro, Cannabis Industry Power Player, 2023
Attorney Advertising. Prior results do not guarantee a similar outcome. © 2026 Harris Beach Murtha Cullina PLLC
Content current as of October 13, 2026 3:10 am