Cannabis

OVERVIEW

EXPERIENCE

NEWS & INSIGHTS

ACCOMPLISHMENTS

Guiding cannabis businesses—and those dealing with the cannabis industry—through the evolving complexities of federal and state laws.

The complexity of federal and state cannabis laws create a number of challenges for cannabis-related businesses (CRBs), employers, real estate owners, financing sources, banks, private equity firms, investors, vendors, service providers, public companies, and others operating in or doing business with the industry. As laws evolve and ground-breaking decisions are made, businesses and employers face unique issues and unchartered territory.

HOW WE HELP

We help clients navigate the practical and strategic complexities of doing business in the cannabis and CBD/hemp industries. Our services include advising on mergers and acquisitions; equity and debt financing; taxation; entity structuring; private equity; venture capital; real estate acquisition, leasing, and financing; banking and securities law; labor and employment; international law; immigration; risk analysis; and use of derivatives in cannabis electronically traded funds (ETF).

Since many CRBs are entrepreneurial in nature, we also play a critical role in serving as outside general counsel, advising on enforcement of contracts, employment laws, environmental compliance, intellectual property, and other areas of law beyond day-to-day business operations.

Seyfarth was one of the first Am Law 50 firms to create a practice dedicated to the cannabis industry. We were also one of the first law firms to deliver timely and insightful updates on this evolving area of law, which has become crucial to our clients and to the broader business community. We have The Blunt Truth blog as a forum to address the legal and practical implications of cannabis laws across the US.

THE SEYFARTH EXPERIENCE

We are not only known for delivering exceptional client service and outstanding results, but also for doing so in true partnership with clients through our acclaimed service delivery platform. This innovative approach, which combines our vast legal acumen with process design and robust technology resources, sets us apart in the market. We continually demonstrate and provide value through a clear understanding of client needs and desired outcomes, transparent communication and collaboration, right-sized staffing approaches, and the use of data to drive alternative fees.

EXPERIENCE

Represent a vertically integrated cannabis company based in Massachusetts in connection with general corporate matters; the securing of equity fundraising and loans; trademark matters; the negotiation of real estate and equipment leases, supply agreements and license agreements; the acquisition of real estate; real estate construction and development matters; employment issues; and litigation when the need arises.
Preparing opinion letters for SEC compliance on behalf of several electronically traded funds (ETFs) which track and participate in publically traded companies in the cannabis and psychedelics industry and makes use of total return swap derivatives.
Representing a cannabis product company in its purchase and development of a property in California worth an expected $35 million.
Represented a cannabis manufacturer in the $15 million sale-leaseback of a growing and processing facility in Illinois.
Represented a cannabis company in the acquisition of and local zoning approvals for a 180,000 sq. ft. building in Massachusetts that will be used as a grow facility. A traditional lender provided our client with a $4.2 million loan, something unique in this evolving industry.
Representing a private investor in the $3.5 million equity and debt financing of dispensaries and grow facilities in Massachusetts.
Representing a private investor in the $10 million purchase and leaseback to a Canadian public company of a grow facility in Nevada.
Represented a buyer in its $5 million acquisition of a 47,000 sq. ft. complex in Los Angeles County and subsequent lease of the entire project to a cannabis cultivation and processing company.
Developing entity structure, providing tax advice, forming limited liability companies, and preparing related documentation for a multi-unit cannabis dispensary.
Representing a client in the development of a retail and grow facility in Boston.
Represented a buyer in its $2 million acquisition of six acres of land and a 10,000 sq. ft. industrial building in Humboldt County, along with the subsequent lease of the property to a cannabis grower in connection with the development of a cannabis grow facility/greenhouse.
Representing a staffing company employment compliance advice relating to their employees’ use of medical marijuana. We prepared a 50 state survey covering employment protections for those using medical and/or adult use marijuana and guidance on accommodation requirements. Counseled a private individual and structured a deal to enter into a series of joint ventures to acquire a dispensary and grow facility in California.
Counseled a vertically integrated cannabis business in Illinois on restructuring its entities into a more tax efficient structure.
Represented several CRBs in tax planning involving section 280E.
Represented a number of public companies in providing risk analysis in transacting business with CRBs.
Represented a New Jersey landlord in a ground lease to a CRB.
Represent a mortgage REIT in connection with providing mortgage financing for several CRBs.
Represent a family office in investments in a number of CRBs.
Representing cannabis companies in their international expansion, ensuring that the employment and management structure adheres to local laws while the corporate parent retains the greatest ability possible to run the business from the home country.

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Guiding cannabis businesses—and those dealing with the cannabis industry—through the evolving complexities of federal and state laws.

HOW WE HELP

THE SEYFARTH EXPERIENCE

EXPERIENCE

Represent a vertically integrated cannabis company based in Massachusetts in connection with general corporate matters; the securing of equity fundraising and loans; trademark matters; the negotiation of real estate and equipment leases, supply agreements and license agreements; the acquisition of real estate; real estate construction and development matters; employment issues; and litigation when the need arises.
Preparing opinion letters for SEC compliance on behalf of several electronically traded funds (ETFs) which track and participate in publically traded companies in the cannabis and psychedelics industry and makes use of total return swap derivatives.
Representing a cannabis product company in its purchase and development of a property in California worth an expected $35 million.
Represented a cannabis manufacturer in the $15 million sale-leaseback of a growing and processing facility in Illinois.
Represented a cannabis company in the acquisition of and local zoning approvals for a 180,000 sq. ft. building in Massachusetts that will be used as a grow facility. A traditional lender provided our client with a $4.2 million loan, something unique in this evolving industry.
Representing a private investor in the $3.5 million equity and debt financing of dispensaries and grow facilities in Massachusetts.
Representing a private investor in the $10 million purchase and leaseback to a Canadian public company of a grow facility in Nevada.
Represented a buyer in its $5 million acquisition of a 47,000 sq. ft. complex in Los Angeles County and subsequent lease of the entire project to a cannabis cultivation and processing company.
Developing entity structure, providing tax advice, forming limited liability companies, and preparing related documentation for a multi-unit cannabis dispensary.
Representing a client in the development of a retail and grow facility in Boston.
Represented a buyer in its $2 million acquisition of six acres of land and a 10,000 sq. ft. industrial building in Humboldt County, along with the subsequent lease of the property to a cannabis grower in connection with the development of a cannabis grow facility/greenhouse.
Representing a staffing company employment compliance advice relating to their employees’ use of medical marijuana. We prepared a 50 state survey covering employment protections for those using medical and/or adult use marijuana and guidance on accommodation requirements. Counseled a private individual and structured a deal to enter into a series of joint ventures to acquire a dispensary and grow facility in California.
Counseled a vertically integrated cannabis business in Illinois on restructuring its entities into a more tax efficient structure.
Represented several CRBs in tax planning involving section 280E.
Represented a number of public companies in providing risk analysis in transacting business with CRBs.
Represented a New Jersey landlord in a ground lease to a CRB.
Represent a mortgage REIT in connection with providing mortgage financing for several CRBs.
Represent a family office in investments in a number of CRBs.
Representing cannabis companies in their international expansion, ensuring that the employment and management structure adheres to local laws while the corporate parent retains the greatest ability possible to run the business from the home country.

Related News & Insights

View All

Recognition

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