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Industries Cannabis

Industry Overview

As more U.S. states join the growing movement toward legalized adult cannabis use, seasoned expertise is a must to help providers and partners navigate all aspects of doing business in this rapidly maturing industry. Our team of attorneys has the industry knowledge and deep legal expertise—across corporate, finance, regulatory, real estate, intellectual property, tax, and other disciplines—to help cannabis companies establish and grow their businesses with confidence. With our breadth of knowledge and services, we’re also poised to provide the insight and guidance companies in other industries need to interface with businesses in the cannabis industry.

Our Approach

Experience counts as businesses face the complexities of the emerging cannabis industry. We tap our extensive track record of results across our corporate and real estate practice areas to provide holistic guidance on corporate formation and capital raising, regulatory compliance, employment, intellectual property, and other issues for companies entering and growing within the cannabis marketplace. That same expertise is invaluable for companies doing business with cannabis companies, as well as companies navigating employment and other issues surrounding adult recreational and medical cannabis use. We’re here to bring guidance to every question as this unique emerging industry matures.

Our Experience

  • Represented a service provider to a Maine medical marijuana licensee with respect to general corporate and operational matters.
  • Representing the holder of cannabis licenses in multiple states on general corporate matters, including with respect to multiple significant capital raises.
  • Represented the holder of a Massachusetts provisional medical license in connection with capital raising and eventual sale to a Canadian public company.
  • Representing an applicant for a Rhode Island cultivation license in connection with regulatory matters.
  • Representing multiple applicants for Massachusetts retail and cultivation licenses in connection with general corporate matters, including formation, capital raising, regulatory, and operational matters.
  • Representing a business planning to open a holistic health center that will offer botanical medicinal products as well as products containing cannabinoids (CBD).
  • Representation of cultivators/growers in connection with construction contracts for cultivation facilities, including all complex interior systems contracts.
  • Representation of a licensed medical marijuana facility in connection with a breach of contract and covenant not to compete.
  • Representation of defendant in dispute with other shareholders in a Massachusetts licensed cannabis company.
  • Represent Rhode Island licensed cannabis company in a contract dispute.
  • Representation of a retail alternative medicinal business selling CBD products in connection with formation, financing and regulatory analysis.
  • Advice to clients both within and outside of the industry with respect to employment issues relating to medical and adult recreational use.
  • Representation of landlords and tenants with respect to commercial real estate issues peculiar to the cannabis industry.
  • Significant background in issues facing the banking industry as it relates to marijuana-related businesses, including advising financial institutions on regulatory issues relating to cannabis and hemp businesses.
  • Providing guidance and advice to marijuana dispensaries and businesses selling marijuana and CBD products regarding the selection and protection of business names and brand names at both the state and federal levels.

 

Newsroom

Publication

Seizing Opportunities for Growth in the Cannabis Industry: A Conversation with David S. Hirsch

September 16, 2022

The legalization of cannabis in Massachusetts in 2016 created a brand-new industry in New England, an industry still illegal at the federal level and stigmatized by many. Despite the obvious hurdles, entrepreneurs lined up to try their hand in this unique space.David S.

Publication

Rhode Island and Connecticut Marijuana Legalization: What Employers Need to Know

August 1, 2022

With the recent legalization of marijuana in Connecticut and Rhode Island, there are several things that employers must be aware of to protect their employees, maintain a safe work environment, and comply with the new laws. Hinckley Allen’s Labor & Employment attorneys covered this topic in a recent webinar and include an update below as well.Connecticut legalized recreational marijuana use when it adopted the Responsible and Equitable Regulation of Adult-Use Cannabis (RERACA), which went into effect for employers as of July 1, 2022.

Publication

Update Regarding the SAFE Banking Act

April 22, 2022

Despite increased lobbying efforts from a variety of stakeholders, from state treasurers to financial institution trade organizations, it remains doubtful that the US Senate will approve the Secure and Fair Enforcement Act, also referred to as the SAFE Banking Act, anytime soon. The US House of Representatives has repeatedly passed versions of the SAFE Banking Act. While the SAFE Banking Act isn’t a panacea for the myriad issues relating to cannabis banking and finance, it would be a helpful step in the right direction for the cannabis and banking industries.

Publication

When Are Cannabis Cafés Coming to Massachusetts?

November 20, 2019

This month marks one year since legal adult-use marijuana sales began in Massachusetts and made the Bay State the first state on the East Coast to implement legal, recreational sales of cannabis. Since then, the Cannabis Control Commission has approved dozens of new adult-use dispensaries on a rolling basis. As the Massachusetts cannabis industry continues to mature, business leaders, regulators, and advocates alike are already shaping the industry’s next frontier.

Publication

Tips for Recreational Marijuana Use Policies in “Social Model” Assisted Living Residences

May 7, 2019

As more states consider legalizing recreational marijuana, assisted living residences (ALRs) face a unique challenge: residents that chose to use this product.  Formal guidance regarding how ALRs should address a resident’s use of recreational marijuana is scarce.  However, facilities should have a written policy in place that (i) establishes a resident’s rights to use marijuana, (ii) sets guidelines and parameters to ensure the safety of all residents, and (iii) is consistent with ALR licensure requirements.

Publication

Growing Pains: Employers Grappling with Marijuana in the Workplace

March 7, 2019

2018 was a busy year for the marijuana industry in the Northeast. Vermont legalized recreational marijuana, while Massachusetts saw the opening of the Commonwealth’s first recreational marijuana stores. These developments reflect a pattern as more states across the country pass laws legalizing marijuana.

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