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BUSINESS FORMATIONS

 

Start-up businesses must weigh a number of factors when forming their companies. Entity selection is key, as each option—corporation, cooperative, partnership, and LLC—presents a unique set of advantages and disadvantages. The structures surrounding entity selection can be equally important. Operating agreements, corporate shareholder agreements, and partnership agreements can create vastly different rights and responsibilities for new business owners.

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Our attorneys have worked with clients on a broad range of formation issues and we can help you choose the legal strategy that best matches your long-term business objectives.

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Our business formation services include:

• Entity selection and registration

• Drafting of governance documents

• Financing and capital contribution negotiations

• Corporate governance and business operations

• Commercial contracts and corporate transactions

• Employment contracts

• Licensing agreements

• Intellectual property protection

• Mergers and acquisitions

 

REGULATORY COMPLIANCE

 

Compliance with state and local rules and laws is crucial to the survival of your marijuana business. On August 29, 2013, the U.S. Department of Justice (DOJ) issued an enforcement policy memo to all of its U.S. Attorneys outlining the DOJ’s eight enforcement priorities in states with marijuana regulations and licensing regimes. To adhere to those Federal enforcement priorities, marijuana businesses must remain in full compliance with their states’ marijuana rules—which is often easier said than done.

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Once you obtain your marijuana business license or registration, you must still work to maintain full compliance with all applicable local and state regulations. Indifference about regulatory compliance can result in license revocation, fines, penalties, criminal sanctions, and even Federal scrutiny and intervention. Routine due diligence and careful vigilance regarding changes in state and local regulations are key to avoiding these detrimental consequences.

Our firm provides the proactive planning and state-specific guidance your business needs to stay on top of ever-changing state and local cannabis laws.

 

Our regulatory compliance services include:

• State license application assistance

• Drafting and managing of operational plans to be submitted to state and municipalities for operational licenses

• Advice and assistance on local permitting and licensing processes

• Periodic legal compliance audits

• Monitoring existing and changing state and local regulations for marijuana businesses

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STATE LICENSING AND REGISTRATION

 

Counseling of the steps to the state licensing and registration process you must navigate to establish a strong foundation for your business.

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Our state licensing and registration services include:

• Guidance regarding compliance with state regulations and the interplay between governing state agencies

• Business plan development

• Education regarding ongoing compliance with applicable regulations

• Development of required manuals and handbooks to meet state regulations

• Financial reviews to ensure compliance with state regulations

• Compilation of license and registration applications

• License application assistance for cultivators, manufacturers, and retailers

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