Cannabis & Cannabis Ecosystem

Weinberg Gonser LLP is ideally positioned to assist and guide both companies and investors in the rapidly-developing cannabis industry.

Practical and Sophisticated Business Guidance and Representation

Weinberg Gonser attorneys have legal, financial and personal business experience and skills that are especially well-suited to the unique issues that face entrepreneurs and active businesses, from start-up through exit.

The cannabis industry continues to evolve, grow, and gain in legitimacy. Such progress is resulting in both new and expanding opportunities and, at the same time, some significant growing pains and increasingly complex business challenges for cannabis-industry leaders. Cannabis businesses and industry participants wishing to overcome such challenges and to stay ahead of the many issues associated with rapid growth and a developing business landscape have a significant and increasing need for solid advice from experienced and credible business lawyers.

WGLLP has that experience and credibility. Our lawyers offer practical, timely and sophisticated advice, and we work with some of the top cannabis-industry entrepreneurs, their companies and their collectives. We assist and guide clients in multiple industry verticals through all stages of growth — from their earliest formation, structuring and business development to and through sophisticated financings, capital raises, and major liquidity events (e.g., exits via sale, merger, or recapitalization).

WGLLP attorneys are also well-versed in the legal intricacies and hurdles facing industry participants on a daily basis, including: HR issues (employees, officers and independent contractors), regulatory compliance, leasing, commerical and personal contract negotiations, investor communications, and other operating issues.

Investors: Investment in Growth

We also advise investors looking to make strategic investments in the industry, and apply the experience we have developed over time via our representation of financial and strategic investor clients across a multitude of industries. We work with and help our cannabis-industry clients (as well as savvy investors) review investment and acquisition options and opportunities and negotiate fair and protective investment terms.

Services Include:

  • Corporate structuring for financings, growth and control
  • Practical regulatory advice
  • Equity and debt financings and related agreements and guidance
  • Investor relations advice
  • Risk identification and reduction/elimination
  • Review of business opportunities, including partnerships and acquisitions
  • Mergers & Acquisitions – buying and selling businesses
  • Lease negotiation and review
  • Employee, officer and independent contractor agreements
  • Negotiation and oversight of vendor and distribution relationships

Added Value Includes:

  • Improved contractual and employee relationships
  • Business/corporate advice and legal protection
  • Significant litigation oversight focusing on business goals and efficiency
  • Introductions to trusted third-party professionals and services

 

** Regarding Federal Law Affecting Cannabis and the Cannabis Ecosystem

WGLLP advises on California and other state laws and regulations governing cannabis. Federal law currently conflicts with state laws, and compliance with state laws and regulations do not offer protection from U.S. federal enforcement actions or plans. The possession, cultivation, distribution, manufacture and sale of cannabis/marijuana and related products are illegal under U.S. federal law (including via the United States Controlled Substances Act). Although the U.S. Department of Justice has noted that an effective state regulatory system, and compliance with such a system, should be considered with respect to its own exercise of investigative and prosecutorial discretion, this overall policy and guidance is neither definitive nor guaranteed to be consistently applied or to remain static. In fact, such policy and guidance may be modified without notice at any time. So, even in states where the production and sale of cannabis for medical and/or adult recreational use is permitted pursuant to state and local law, the federal government may still move against individuals and businesses with federal criminal or civil enforcement actions. As a result of such uncertainty and federal reach, simple business functions such as banking and the leasing of property may pose significant hurdles for cannabis-related businesses, and contracts entered into by cannabis-related businesses may be difficult or impossible to enforce.