For Businesses
Advertising & Marketing
Our Advertising & Marketing group is a cross-disciplinary team of experienced attorneys and marketing professionals, who assist clients in complying with federal and state regulations for advertisements and marketing campaigns.
We provide advice on regulatory and legal guidelines for cannabis brands, including experience with packaging, logo design, marketing content, and distribution channels. Our in-house marketing experts can assist clients as they develop CRA-compliant marketing strategies for a wide variety of cannabis products and related services.
Additionally, CRA regulations mandate specific advertising, packaging, labeling, transportation, and testing protocols for marijuana businesses, and Cannabis Counsel® helps our clients draft and execute specific required plans that meet these requirements.
Applications & Renewals
Cannabis Counsel® advises entrepreneurs and existing businesses on how to navigate the constantly evolving future of the cannabis industry. This multi-billion-dollar market is continuing to evolve each day, and the regulatory framework for this new commercial industry continues to change with it.
Our firm's participation in the MRTMA petition drafting committee, and subsequent service on the then MRA advisory committees, gives our attorneys incomparable insight into the application process.
Attend Local Government Meetings
Our Government Relations Team has traveled the state attending City Council, BZA, Planning Committee, and many other local government hearings, meetings, or other proceedings on behalf of our clients. Our experienced team of legal and political professionals are ready to travel to your city and help represent and advocate for your business. Whether you are seeking a conditional land use approval, or working with your local board to draft an opt-in ordinance, our marijuana lawyers are here with the industry knowledge and political savvy you need to succeed.
Ballot Petition & Initiatives
The Cannabis Counsel® government relations team includes campaign management professionals with experience on statewide ballot initiatives, including the 2018 campaign to legalize recreational cannabis. In addition, several of the firm’s partners participated in the drafting committees for the MRTMA petition, and subsequently served on advisory committees for the then Marijuana Regulatory Agency.
Qualifying existing properties in opt-in communities retail at 3-5x the listing price of comparable properties in opt-out municipalities. This can represent a significant challenge when looking for a location on a budget, when properties with a real value of less than $250,000 are listed as high as $1.5 million. Purchasing a property and then running a ballot proposal on the local level seldom reaches comparable costs compared to buying existing permitted real estate.
Targeted opt-in ballot proposals represent an opportunity to save a significant amount of investment for clients with the timeline to pursue a ballot box strategy. From drafting and signature gathering, to campaign strategy and Get Out The Vote, our team has the knowledge and experience to take you through every step of the petition process and into your license application.
Brand Licensing Agreements
One of the most effective methods for legacy brands to enter the legal market is through IP licensing agreements. By partnering with CRA licensed and established cannabis growing businesses, legacy brands with a historically strong market presence can enter the legal market profitably and on an accelerated time scale compared with directly developing and permitting their own facility.
With our well established IP protection best practices and years of experience in the marijuana industry, the attorneys at Cannabis Counsel® have helped many brands successfully make the transition from medical marijuana to recreational cannabis.
Business Planning & Formation
Our team of attorneys and industry professionals are experienced in business planning formation and corporate structure. Cannabis Counsel® helps our clients understand how corporate law impacts their cannabis business, and how the changing markets affect their chances of success. Our cannabis attorneys help you plan for the future of the industry, while meeting the regulatory requirements of today.
Cannabis Tax Issues
280e? State excise tax? Med to Rec flips? Every new business has questions about their tax burdens and regulations, and that goes double for cannabis businesses. Highly regulated by the state, and downright discriminated against in Federal tax law, knowing your rights and obligations under the law couldn't be more vital to the continued success of your cannabis business.
Set a consultation with our cannabis attorneys and learn more about how to protect your profits.
Commercial Litigation
As our industry develops, more and more companies will come to face some sort of corporate litigation. Whether a trademark, antitrust, breach of contract, breach of duty, fraud, insurance, or election-law issue, just to name a few, a Cannabis Counsel® attorney is here to help you navigate these difficult waters.
Our cannabis attorneys have a strong track record of generating positive litigation outcomes for our clients both in and out of the courtroom.
Our proactive and solution-oriented approach helps our clients avoid costly and drawn out litigation by focusing on a set of clear client goals, objectives, and pain points from the start of the process.
Compliance Audits
Our industry professionals and marijuana lawyers stay up to date on the latest CRA regulations so you don't have to. Regular compliance audits by our trained staff can be the difference between keeping your doors open and temporary closure in an industry where minor oversights can lead to large fines.
CRA regulations mandate specific advertising, packaging, labeling, transportation, and testing protocols for marijuana businesses, and Cannabis Counsel® helps our clients draft and execute specific required plans that meet these requirements.
Contract Review, Advice, & Negotiations
Our cannabis lawyers are here to assist you with drafting contracts to protect your rights and cover anticipated business transactions. We also offer comprehensive review of client contracts, along with helping our clients negotiate reasonable terms of other contracts whether they be with banks, insurance companies, real estate transactions, or suppliers.
Corporate Governance
Cannabis Counsel® attorneys are your partners in the ongoing and regular responsibilities of corporate governance. Once the documents are signed, investments made, and the doors are open, the real work of running your business or protecting your investment begins. Our cannabis attorneys have represented both corporations and individual investors, helping both to protect their interests and investments.
For corporations we assist with reporting obligations, shareholder meetings, governance documents, disclosure policies, establishing and modifying governance policies, structuring corporate equity and benefit plans, advising boards on governance issues or litigation matters, conducting internal audits on behalf of boards or shareholder audit committees, and related matters.
For individuals we provide services for due diligence research, advising individuals on governance issues, participating in shareholder meetings and advocacy efforts, strategic divestment planning, shareholder rights, proxy guidelines, and related matters.
Corporate Restructuring
Our Advertising & Marketing group is a cross-disciplinary team of experienced attorneys and marketing professionals, who assist clients in complying with federal and state regulations for advertisements and marketing campaigns.
We provide advice on regulatory and legal guidelines for cannabis brands, including experience with packaging, logo design, marketing content, and distribution channels. Our in-house marketing experts can assist clients as they develop CRA-compliant marketing strategies for a wide variety of cannabis products and related services.
Additionally, CRA regulations mandate specific advertising, packaging, labeling, transportation, and testing protocols for marijuana businesses, and Cannabis Counsel® helps our clients draft and execute specific required plans that meet these requirements.
Cannabis Event Applications & Consulting
If you are interested in throwing a licensed event for your cannabis business, but not sure where to start, then reach out today. Our experienced cannabis attorneys have worked on several event applications, and are ready to assist you directly with your event application. Additionally, our marijuana lawyers and experienced event planners will consult with you on the development of your event plan, offering guidance for those seeking temporary event licenses.
Government Advocacy
If you have the perfect property for a cannabis business but your community hasn’t opted in yet, or you are an existing business that is coming up against regulatory or licensing issues with your local municipality, then speak with the Cannabis Counsel® Law Firm Government Relations team. Composed of attorneys and political campaign professionals experienced in dealing with less-than-enthusiastic government entities, the Government Relations team can help you reach your goals, whether that is to work with the local council or to take the issue to your neighbors for a vote.
Intellectual Property; Trademarks
Our team of talented cannabis attorneys and marketing professionals work together to examine every angle of an intellectual property dispute and help our clients achieve key goals. This group handles a number of IP issues, including copyright, patent, trademark, and trade secret matters.
Our IP litigation services include plaintiff and defense side patent, trademark and unfair competition, copyright, and trade secret litigation, as well as licensing and other contractual disputes.
Employment Disputes
Helping to anticipate potential employment problems when corporate structures or ownership changes. This practice group offers a wide array of services from the formation through the dissolution of a business. Mergers and acquisitions are particularly inclined to create employment issues when newly acquired employees fill duplicative or redundant positions. Our attorneys help clients when buying or selling a business by helping to minimize risk by considering employment from the beginning of the acquisition or merger.
Our team provides strategic counseling on a range of employment-related issues that may arise at a workplace. Leave issues, employee misconduct, performance issues, requests for reasonable accommodations, management of threats of violence, and improper social media use by employees are just some issues our cannabis attorneys can help you deal with.
Our cannabis attorneys assist clients with strategic plans for expansions, reorganizations, and their resulting workforce reductions, as well as drafting employment-related agreements such as hiring, severance, sales representative, confidentiality/nondisclosure, and intellectual property assignment agreements.
With experience in retail loss prevention and casino-grade security, our team also directs and conducts workforce investigations, including retail fraud, harassment, and embezzlement.
License Transfers
Unlike most businesses, cannabis license transfers must be approved by the CRA and the local government before the purchase can take place. More than 100 municipalities permitting cannabis businesses means there are many sets of rules for how this process is handled. Our marijuana lawyers have experienced these differing sets of expectations and goals, and are ready to help you navigate the process of transferring a business to new ownership.
Mediation Services
Dispute resolution is at the heart of the legal process, and seeking an equitable solution is always our goal here at Cannabis Counsel®. Whether the mediation process is court ordered, or voluntary, our Conflict Resolution Team is here to help you reach an understanding that everyone can support.
Mergers & Acquisitions
For a cannabis business, the legal process of purchasing or merging business starts long before the sales terms are drafted. This is because all cannabis business sales, acquisitions, or mergers must take place between pre-qualified entities and are subject to state and local approval. At Cannabis Counsel® we understand where the rubber meets the road when it comes time to expand your marijuana business through an acquisition, exit the market with a sale, or start a new partnership.There are many large and prestigious law firms with well established credentials in traditional mergers and acquisitions, however none can claim the decades of cannabis-attorney experience of America’s First Cannabis Law Firm.
Noncompete Agreements & Trade Secrets
This firm represents clients in noncompetition agreement disputes and the related issues arising from the ownership, protection, and use of proprietary information. We assist clients with a range of issues including separation and post-employment activities of valuable employees, and minimizing the risks associated with the recruitment of competitors' personnel.
Products Liability
Cannabis businesses require specific product liability insurance policies, along with the SOP’s and other related corporate infrastructure. We regularly work with clients on issues relating to product safety and testing, the impact of governmental regulations and industry standards, consumer preferences, and other conditions that may impact their product or liability exposure.
Real Estate Transactions & Disputes
Real estate is one of the most important considerations when starting a cannabis business. Every opt-in community in Michigan has different zoning rules for cannabis businesses. At Cannabis Counsel® our attorneys have the experience and relationships to help you find the perfect property for your business. Beyond attorneys, our team of government advocates, architects, and realtors will take you through every step of the purchasing and planning process.
Our team has crafted extensive legal arrangements for our clients, including development agreements and approvals, construction documents, financing arrangements, purchase and sale agreements, and leases for millions of square feet of commercial real estate.
Regulatory Compliance
The regulatory environment in the Michigan cannabis industry is changing on a seemingly weekly basis. Business owners already have enough to worry about each day without having to keep up with the latest CRA bulletin. Our marijuana lawyers and professional team keeps up with the latest regulatory requirements so you don’t have to. In addition to regular compliance audits, the Cannabis Counsel® Compliance Team can help you understand the changing regulatory environment so your businesses can avoid costly regulatory oversight from the CRA down the road.
S.O.P. Drafting, Training, & Evaluations
All cannabis companies are required to have CRA approved Standard Operating Procedures for a wide range of processes and activities at their business. From product chain of custody and security measures, to cleanliness procedures and more, Cannabis Counsel® has helped many clients develop appropriate and successful procedures. Once SOPs are developed, our Compliance Team is ready to visit your store to prepare employees for success with in-person training and evaluations.
Zoning & Land Use
Cannabis businesses face a wide variety of challenges regarding the zoning and allowed uses for a given property. Almost all municipalities require some form of land use hearing or special permitting to begin the process of building out a property. At Cannabis Counsel® we help our clients from the beginning with extensive pre-purchase discussion, advising clients on potential regulatory issues which may impact their chances of obtaining a license. Throughout the planning and development process our attorneys assist clients with parcel splits or consolidation, land acquisitions, special use hearings, conditional rezoning, and construction permitting.
For Local Governments
General Info & Industry Experience Consulting
Cannabis can be a confusing issue for local governments that are more used to handling trash pick up and maintaining parks than regulating a multibillion dollar industry. As more and more municipalities consider opting into the Michigan Regulation and Taxation of Marijuana Act (MRTMA) they turn to Cannabis Counsel’s® experience to understand this growing industry.
Our marijuana attorneys work with local governments to help elected or appointed leadership ask the right questions and develop local laws and regulations that protect the community and encourage small business growth. Our team is ready to answer your questions today!
Ordinance Drafting & Revisions
There are many things that must be considered when municipalities adopt or amend their cannabis ordinances. License caps, application processes, scoring matrix, zoning codes, and social equity are just a few major considerations for towns and cities as they create an opt-in ordinance that works for their community and protects the council from potential litigation.
Our cannabis lawyers have helped communities around Michigan navigate the opt-in process.
Social Equity Program Development
Several municipalities have recently found themselves in court and having to return to the drawing board with their opt-in ordinance because of Constitutional issues with their social equity program. When the Commerce Clause influences what can and can’t be done in an industry that is technically illegal, it’s time to call in the lawyers. As pioneers in the marijuana legalization movement, Cannabis Counsel® partners participated in the creation of the social equity language in the Michigan Regulation and Taxation of Marijuana Act (MRTMA). Let us help you understand your town's ability to assist social equity applicants, without violating the Constitution.
Zoning Changes & Conditional Land Use
When a city opts into the Michigan Regulation and Taxation of Marijuana Act (MRTMA) the next step is to set the zoning regulations and rules that will decide where cannabis businesses may open and operate. Effective zoning is the key to managing a healthy cannabis industry in every community.
Zoning regulations afford municipalities the flexibility to limit locations, while avoiding complicated scoring requirements and potential lawsuits commonly experienced by towns that set hard license caps.