Cannabis Industry

Our Approach

Cannabis-related businesses contend with the same challenges every business faces, complicated and amplified by a web of state and federal law specific to cannabis and hemp. Tonkon Torp helps clients solve complex business problems within the regulated cannabis and hemp industries. The attorneys in the Cannabis Industry Group bring a combination of deep business expertise and cannabis-specific knowledge and experience to help owners and operators form and sustain successful businesses in this emerging category.
 
Tonkon Torp assembles teams of practice-area experts to meet the individual needs of each client. With regard to cannabis, hemp, and CBD, this includes providing a full suite of legal services in a byzantine regulatory environment with rapidly changing laws.
 
Our Cannabis Industry Group is a full service business practice that works with entrepreneurs and companies of all sizes and at all life cycle stages. We work to identify strategies and solutions to help our clients achieve financial and structural growth, all while keeping a keen eye on the special risks and liability considerations inherent in a newly regulated industry.
 
As cannabis, hemp, and CBD companies mature and evolve, Tonkon Torp’s expertise in corporate governance, business formation, mergers and acquisitions, real estate, business litigation, tax, and other specialties provides continuity in the client/legal advisor relationship. The group advises owners and operators as well as seed, angel, venture and other investors on all aspects of fundraising and investing in cannabis and hemp businesses.
 

Our Expertise

Cannabis, hemp, and CBD ventures come with a built-in set of complexities, and our clients in these categories benefit from our firm’s multidisciplinary expertise in business law and dispute resolution.

Structure, Formation & Contracts — Advise on corporate ownership, control, and management issues such as entity formation, tax planning, and executive compensation. Contract drafting and negotiation, licensing, and compliance.

Fundraising — Negotiate and document private and public capital solutions for startup, ongoing operations, and business expansion.

Labor & Employment — Promote positive employee relations, protect competitive positions, deal with union activity, and defend against or minimize exposure to employment litigation.

Taxation — Structure businesses and transactions to minimize tax liability while ensuring compliance with the various local, state and federal tax regimes, including 280E considerations.

Intellectual Property — Develop and execute strategies for registering, protecting and leveraging intellectual property assets including trademarks, copyrights, trade secrets and patents. Defend IP disputes through negotiation, litigation, mediation, or arbitration.

Business and Commercial Litigation — Resolve business disputes in and out of court, including contract disputes, owner disputes, business torts, product liability claims, regulatory/administrative disputes, civil RICO claims, and real estate disputes.
 
Real Estate & Land Use — Acquisitions, land use approvals, and compliance with enhanced zoning requirements for cannabis-related use, environmental clean-up, and leasing of cultivation, distribution, manufacturing, and retail facilities.

Compliance — Manage compliance and develop and implement best practices and long-term strategies to minimize regulatory burdens and risk.

Mergers & Acquisitions — Represent public and private companies as buyers, sellers, and targets. Experience in acquisitions, divestitures, spin-offs, control and proxy contests, reorganizations, and joint ventures.

Government Relations — Monitor and participate in legislation related to cannabis business operations.
 

Our Clients

Our cannabis, hemp, and CBD industry clients include licensed producers, distributors, processors, and retailers, as well as ancillary business, funds and investment managers, equipment manufacturers, and technology companies.