Cannabis Law

The cannabis industry is incredibly dynamic, growing rapidly in both market size and sophistication. The legal and regulatory landscape is complex and fragmented, presenting existing businesses, entrepreneurs, investors, and others with numerous unique challenges that should only be navigated with the assistance of experienced counsel.

The cannabis industry team at Rose Law Group pc has been providing comprehensive legal advice, direction and assistance to individuals and companies in the cannabis industry in regards to Title 9, Chapter 17, of the Arizona Department of Health Services Medical Marijuana Program (the “AZDHS MMJ Program”) and A.R.S. § 36-2801 et seq., as amended from time to time (the “Act”), prior to its introduction to Arizona in 2010. We have industry-specific knowledge and experience in every aspect of the legal, administrative, regulatory and business issues facing those in the medical and adult use cannabis industries.

We can assist with corporate formation and strategic counseling; private equity financing; investment opportunity due diligence and negotiation; license acquisition; real estate acquisitions and leases, including assistance with site selection, zoning, and permitting concerns; intellectual property procurement and counseling; regulatory compliance matters; business, management and operation consulting and best practices; policies and procedures; product regulations; employment matter counseling; and government relations and input regarding the AZDHS MMJ Program and all applicable rules, requirements and regulations among other services.

Graphic via @our_arizona Instagram

Our team has supported industry clients including licenses, cultivation and dispensary operators, investors, real estate enterprises, management consultants, manufacturers and ancillary technology companies at every stage of their business lifecycle. We have worked with a significant percentage of Arizona’s existing license holders, in addition to providing industry and business consulting services to individuals and companies located throughout the United States.

Rose Law Group pc’s cannabis industry team is currently providing advice and assistance to some of the most sophisticated operators, as well as guidance and direction to those with less experience, in an effort to provide each client with individualized counsel and advice necessary to ensure the long term success and viability of their respective businesses.

Our extensive range of business and legal services have been established by years of experience, knowledge and practice in the medical marijuana and adult use cannabis industries. We pride ourselves in offering the highest level of client services in conjunction with advanced, innovative and effective solutions for clients seeking to capitalize on business and investment opportunities in this increasingly competitive and fast moving industry.

INDUSTRY-SPECIFIC SERVICES

Our sophisticated team provides a comprehensive list of industry-specific assistance, which is not limited to, but includes the following service areas:

• Strategic business planning, including entity selection, formation, governance and best practices
• Corporate governance and management, including bylaws, operating, partnership and shareholder agreements
• Private debt and equity financing, including friends/family, angel, venture capital and private equity
• Commercial loans
• Mergers and acquisitions
• Joint ventures and strategic alliances
• Franchising
• Best practices
• Employment handbooks
• Policies and procedures
• Shareholder/owner buyouts and dispute resolution
• Licensing and regulatory compliance
• Licensing submittals
• Real estate transactions, including purchase and sale agreements, commercial and retail lease agreements
• Municipal law and zoning compliance
• Government relations and lobbying
• Intellectual property procurement and strategic counselling, including trademark selection, clearance, and procurement
• Labor and employment matters, including employment, independent contractor and consulting agreements
• Confidentiality, non-competition and non-solicitation agreements
  Supplier and manufacturing agreements
• Customer agreements
• Counselling, advice and direction related to medical practitioners and medical directors

LEADERSHIP

Rose Law Group pc’s cannabis industry team has been involved in the Arizona industry since before its inception. Our Firm provided providing significant input on the Act and subsequent AZDHS MMJ Program, to ensure that Arizona’s medical marijuana program was developed into a positive effective program able to provide vital medicine to and meet the needs of Arizona’s qualifying patients.

We were also involved in the Federal lawsuit making sure Governor Brewer’s attempt to overturn the law was dismissed. Rose Law Group pc is a founding member of the National Cannabis Industry Association (NCIA) and our attorneys are active members and leaders of many professional cannabis industry organizations including Women Grow, the Marijuana Policy Project, the Arizona Cannabis Bar Association and the National Cannabis Bar Association.

Our cannabis industry team sponsors, attends and presents at numerous professional industry events throughout the nation each year and has represented the Arizona industry in numerous local, state and national media appearances. Rose Law Group pc is committed to remaining at the forefront of the cannabis industry as it continues to evolve and progress, anticipating changes before they occur so that we can provide our clients with comprehensive, sophisticated, practical advice, direction and legal solutions.

Why you should get a lawyer now that Arizona’s Prop. 207 has passed

Rose Law Group was the first law firm in Arizona to get involved in medical marijuana ten years ago before the Medical Marijuana act passed. The firm has worked for a variety of clients in many capacities over the last ten years. We worked to draft comprehensive and fair regulations with the Department of Health Services in its implementation of the voter passed act, obtained the various permits and zoning required to operate legal marijuana business, and assisted organizing businesses and related corporate transactions. Our experienced staff is ready to help you navigate the regulatory landscape, and identify and secure viable locations for dispensaries.

Adam Trenk, Partner and Director of the Cannabis Department, has been at RLG working on this issue for a decade. Now he presides over the department as we work with the plethora of new legal issues relating to the prospect of passage of Prop 207. So far, the department, including Rose Law Group attorney Jonathan Udell, has worked in advising clients prospectively and speaking at seminars around the state relating to the following unique issues:

1. Under Prop 207, those with marijuana related convictions may be eligible to have their criminal records expunged.

2. Under Prop 207, 26 new recreational dispensary licenses will be issued. The rules relating to how those licenses are allocated will be created through a process similar to what we were involved in 10 years ago with the Department of Health Services. Adam and Jonathan are talking to various parties who may be eligible for the new licenses, including representatives from communities disproportionately impacted by marijuana prohibition, such as minority and lower income neighborhoods

3. Under Prop 207, cities have some latitude on where new licenses will go and we are working with licensees to find suitable locations and get rezoning appropriate for the new dispensaries

4. Employers need to understand how they can structure their employee policies in order to be able to regulate use within the workplace and not run afoul of the new law

5. Current license holders are wondering what this means for their business as they are able to expand intro recreational marijuana sales