Cannabis Law

 
 

Since 2012, when medical marijuana became legal in Massachusetts, Davis Malm attorneys have represented clients in the highly-regulated cannabis industry. The scope of our practice continued to grow in 2016 with the legalization of recreational marijuana use.

Whether a client is a start-up cannabis business, a company providing goods and services to the cannabis market, or an investor, our attorneys can help them navigate through this developing industry. Our clients are very often pacesetters, paving the way for others to do business in this emerging market.

Our business attorneys have decades of experience working with venture capitalists, private equity firms, banks, credit unions, and entrepreneurs, and are able to make introductions where appropriate. Our clients refer to Davis Malm attorneys as pioneering and “outside-the-box” thinkers. We have been at the forefront in helping shape the Massachusetts regulations affecting the cannabis industry and have created a practice group focused specifically on serving clients in this evolving area.

Our experience across numerous practice areas allows us to meet the legal needs of clients in all facets of the cannabis industry, including:

  • business formation and operations;
  • dispensary licensing, permitting, and regulatory compliance;
  • debt and equity financing, including private equity and venture capital transactions, and joint ventures;
  • tax advice concerning the use of charitable organizations under state law and federal tax law limitations on available business expense deductions;
  • real estate acquisitions, sales, and leasing;
  • real estate and environmental issues affecting developers, landlords, and tenants, including zoning, permitting, and leasing;
  • employment issues, including negotiating executive and employee contracts, non-competition agreements, and arrangements concerning trade secrets;
  • implementing, auditing, and training related to employment policies and employee handbooks;
  • intellectual property, including patent procurement on new tools for processing, cultivating, and delivering cannabis and THC (tetrahydrocannabinol); prosecuting and enforcing trademarks in accordance with strict federal laws, state laws, and common law; defending against infringement claims; and counseling on proper brand management; and
  • information privacy and data security planning.

Our cannabis group has a comprehensive knowledge of this industry. Among our attorneys is a Massachusetts State Representative who, in 2015, introduced House Bill 1561, which served as a model for the Cannabis Regulation and Taxation Act of 2016, to legalize the possession, use, private cultivation, and the sale of cannabis for recreational purposes by people aged 21 and older. He currently serves as Vice Chair on the Massachusetts Joint Committee on Marijuana Policy. Our attorneys also include those who regularly speak and write on topics related to cannabis laws, and who have been sought out by the media as industry experts.

Representative Matters

  • Represented a dispensary selected by the Department of Public Health to receive three dispensary licenses in two counties. Our work involved entering into options to purchase property for the facility, including analyzing zoning regulations and negotiating lease arrangements.
  • Represented a medical marijuana dispensary license holder in Massachusetts Superior Court in the successful appeal of its license revocation.
  • Representing a medical marijuana dispensary in appealing the denial of a special permit and the improper grant of a permit to a competitor.
  • Representing a management company providing services to a medical marijuana licensee in business matters, including business formation, raising capital, and structuring a management services agreement.
  • Representing a holder of multiple medical marijuana dispensary licenses in a facility ownership dispute.
  • Representing a services provider to a Massachusetts medical marijuana dispensary business and an affiliated investor in a limited liability company that will provide management and other services to the dispensary, including advice regarding income tax and charitable organization expenses.
  • Representing an individual employed as a senior executive of related New Hampshire (Executive Director) and Massachusetts (CEO) medical marijuana businesses relating to his employment and equity agreements.


View our Massachusetts Cannabis Law Resources and Information Guide

Videos


Marijuana and the Workplace (18:45)
Presented By Gary M. Feldman
Gary Feldman explores the legalization of medical and recreational marijuana use in Massachusetts and provides insight on how employers should handle marijuana use in the workforce.

Medical Marijuana Update: What it Means for Employers (15:11)
Presented By Gary M. Feldman, Tamsin R. Kaplan, David M. Rogers and Lawrence J. Casey
Gary Feldman informs attendees how the legalization of medical marijuana in Massachusetts impacts employers and what, if any, accommodations they need to offer employees.

Medical Marijuana is Coming to Massachusetts: What Does it Mean for Employers?
Presented By Gary M. Feldman and Tamsin R. Kaplan
Tamsin Kaplan explains how the upcoming legalization of medical marijuana in Massachusetts will impact employers and what rights could be gained by employees.