20 August 2016
Here’s their press release
Lane Powell launched a new blog today called The Pipeline: Cannabis Law Advisor. The blog is a space where Lane Powell’s Cannabis Practice Group will feature articles and commentary about business, policy and legal issues that impact the marijuana industry, including the regulatory environment, banking, intellectual property and investing. In the pipeline are the trends of the emerging industry, important and interesting cases and regulatory developments, insights and analysis. The blog will also highlight legal resources, thought leaders and publications. The Pipeline: Cannabis Law Advisor already has four posts that discuss topics such as tax, financing, regulations and investing. See a snippet below and follow the blog at cannabislawadvisor.com.
High Stakes: Investing in a Legal Marijuana Business
Considering diversifying with a high-risk investment? Heard the lure of the “green rush” toward a possible $100 billion legal marijuana industry?
Before you write that check:
- First, research the company, related persons, and the business, industry and legal risks.
- Next, if you decide to make the leap, consider having legal counsel assist you in documenting your equity position.
Pressing escape or reboot can be difficult, after you have already signed documents. If you’re investing in a partnership or limited liability company, state law imposes default rules, unless you have an agreement modifying them. If the business — or you — fail to comply with the state’s rules on ownership and investors, the state regulator may impose penalties including cancellation or suspension of license and fines.
The Pipeline: Cannabis Law Advisor is Lane Powell’s seventh blog and was created as part of the Firm’s efforts to provide additional ways to keep current and potential clients up to date on key issues that specifically affect the marijuana industry.
Lane Powell Cannabis Law Group
Throughout its 140 years, Lane Powell has embraced change. The cannabis landscape is changing and Lane Powell is helping lead that change.* We know cannabis businesses have unique needs and are proud to use our vast array of experience to help legal cannabis businesses in the Northwest navigate a complex regulatory environment. We have an interdisciplinary team to address your needs, whether you are a producer, seller, investor, property owner, insurer or developer bringing new products into the market.
We can help you:
- If you are a startup, a Fortune 500 company, an innovator or investor;
- If you are a licensed producer, processor, retailer; or
- If you are contracting with a licensed marijuana business.
We monitor developments in the law, maintain close ties with regulators and anticipate the impact of proposed rule changes to our clients’ businesses. Our interdisciplinary team includes a myriad of legal talents providing services such as compliance strategies, business transactions and solutions, real estate, employment practices, trademark procurement and brand protection, plant and process patents, dispute resolution, issues affecting long-term care facilities, and sophisticated state and federal tax counseling.
Detailed Service Offerings
Our team leverages your assets; develops forward-looking, scalable solutions through planning, prioritizing and process-building, with the goal of helping you achieve long-term success in the cannabis landscape. We provide strategic, focused counsel in all areas, including:
- Supply, consulting, leasing and other contracts into the cannabis space;
- Entity formation and strategies for state and federal taxes, investments and banking;
- Finance and investor relations;
- Channel distribution and retail management;
- Information technology, privacy, data management and protection;
- Formulate and execute efficient tax strategies;
- Counsel employers on policies, testing and workers’ compensation; and
- Counsel businesses facing tax and regulatory audits, including Internal Revenue Code section 280E and FinCEN Form 8300.
- Licensing for recreational marijuana production, processing, wholesale, retail sale and testing;
- Navigating state and local regulations;
- Compliance with licensing, labeling and packaging laws;
- Compliance with production, labeling, packaging, and safety requirements; and
- Compliance with federal banking and anti-money laundering laws.
Trademarks and Protecting Your Brand
- Trademark selection and clearance;
- State and federal registration strategies;
- Brand management, including business names, trademarks, service marks, logos, slogans, trade dress, domain names and licensing;
- Negotiate and draft contracts related to advertising, promotion and marketing of your brand, including licenses and vendor agreements; and
- Develop, protect and enforce trademark rights within the current limitations of federal protection.
Land Use/Real Estate
- Infrastructure management and planning on siting, land use, agribusiness, water rights and construction;
- Negotiate commercial leases, which often contain cannabis-restrictive provisions;
- Assess land use requirements and zoning issues;
- Determine water rights and utility issues; and
- Analyze seizure concerns.
Lane Powell is your single source for all your legal needs. Lane Powell is changing the business of cannabis law. Contact one of our team members.
*A Note Regarding Federal Law
Lane Powell provides counsel on Alaska, Oregon and Washington state laws governing cannabis to ensure compliance with the applicable state law. Federal law currently conflicts with state laws, and compliance with state law does not confer immunity from federal enforcement policies. The possession, distribution, and manufacture of marijuana and marijuana-based products are illegal under federal law, regardless of state law which may, in some jurisdictions, decriminalize such activity under certain circumstances. Although the U.S. Department of Justice has noted that an effective state regulatory system, and compliance with such a system, should be considered in the exercise of its investigative and prosecutorial discretion, its authority to prosecute violations of federal law is not diminished by the passage of state laws that may permit such activity. At any time, law and policy may change either to enhance or inhibit the industry.