Marijuana is now legal for medical use in 31 states in the USA. It’s gaining more and more popular support around the country and is legal for any use in some states already. This has led to the opening of hundreds of marijuana and cannabis dispensaries around the country. However, it is still possible to be charged with crimes in states that marijuana is legal. These are purely technical grounds, however, depending on the state you are in, the laws can vary greatly and so you could benefit greatly if you pursue legal counsel in the event that you operate a Marijuana/Cannabis dispensary.
Administrative Litigation
Depending on the state where your dispensary operates, you will need help with resolving administrative issues. These could even result in the revocation of your license to operate said dispensary. The penalties for violations can include expensive fees, suspension of your license and even a cancelation. In this case, a law firm or a private attorney can help you through the response to an administrative violation in an effective and timely manner.
The courses of action can entail a petition for an administrative hearing, a petition for a settlement conference and even the acceptance of the suggested penalty, provided it’s a drop in the bucket in the long run.
Safeguarding Investments and Interests
Any business has an obligation to guard and protect its interests and investments. This not only results in long term success but also customer loyalty. Opting for the services of a law firm or legal counsel will alert you to the potential dangers that your Marijuana/Cannabis dispensary faces and will allow you to prepare for an eventual lawsuit that may suddenly occur. Unforeseen circumstances are what lawyers are paid to prepare for. Using their experience of dealing with other Marijuana/Cannabis dispensaries and information gleaned from other partnering law firms, lawyers can offer the best advice based on precedent and the best interpretations of laws in your favor.
Legal teams from law firms can include former prosecutors, judges, CPAs, Business executives, and even military officials that can offer insights and foresight that may prove invaluable for your dispensary’s business.
General Counsel
You may believe that since Marijuana/Cannabis dispensaries are relatively new, they may operate in a very “Mom and Pop store” manner, but nothing could be further from the truth. The plain truth is that being exposed to films and television series has introduced a very “devil may care” attitude to audiences when it comes to marijuana dealers, however, most Marijuana/Cannabis dispensaries are very business savvy and operate in a highly professional manner.
The significant financial and regulatory hurdles that face the cannabis industry today require a deep knowledge and expertise of seasoned business professionals to survive. It attracts millions of dollars in private loans and investment capital from highly business savvy investors. And capital infusion is absolutely necessary for the success of every marijuana operation. Like any business, it needs to be profit driven and have a very profit centric model.
Lawyers can help you understand the dealings of business in corporate America today and how they have related to the Marijuana/Cannabis dispensaries as of late. It will allow your business to avoid the pitfalls that plague so many others that don’t make it and through the money you save, you can invest in more technologies that will further your business, advice for which can be found with your general counsel as well.
Compliance
There are several compliance issues that can plague a Marijuana/Cannabis dispensary. These can include shipping problems, import problems, identification problems and ethics code violations. Other issues that can arise include zoning laws. There are rules from different agencies that need to be taken in to account include ones from the Drug Enforcement Administration, the police, and of course, state law and Federal law.
Lawyers can work quickly to create and implement effective strategies when it comes to regulatory business compliance issues. You should also do your research and go for a firm that shares the philosophy that you do regarding marijuana. Most compliance issues and disputes over marijuana have more than a technical depth to them. They most certainly have a philosophical and emotional root to them that can only be fought effectively if the person that represents you, can identify with you on a philosophical level.
Contracts and Leases
Renting out spaces and leasing out stores for your Marijuana/Cannabis dispensary can be daunting. It’s vital that you seek out a lawyer to look over that agreement for you. It should include certain provisions which allow you to make a fully informed choice that takes in to account all factors. For instance, lawyers will make sure you get an owner’s right to inspect, mode of rent payments, early termination rights for the owner (or not, depending up on the agreement), compliance with state and federal laws and permitted use.
All of these need to be enshrined in the contract or lease, otherwise you can be caught on a technicality and be held liable for damages. The language of the contract or lease needs to be concrete and simple as well as specific, so that there is little, if any, room for interpretation on the meaning of the contract. If the language of the contract is easy to understand, there is less room for people to take advantage of it and sue you for any number of ‘violations’.
Employment
Employees are the life blood of any business. Until we get to full automation, we need them completely. Lawyers can help you ensure that your Marijuana/Cannabis dispensary is up to speed with compliant labor laws and humane treatment of employees. A law firm can ensure that your employees have the required licenses and that none of them are operating out of their jurisdiction. They will also make sure that the employees receive a fair wage as well as proper training in their field so that they do not mishandle, mislabel or misuse any of the merchandise.
Lawyers will also make sure you have proper human resource protocols in place.
Whichever way you look at it, lawyers will always make sure that you do what is best for you Marijuana/Cannabis dispensary. They will help you avoid a lot of expenses and damages that may incur without them.