First, anyone engaging in any of the regulated activities must, like anyone else engaged in the provision of goods or services to others, consider the very real possibility of civil third-party liability, including:
Thus, it makes sense to consider forming a corporation or limited liability company for purposes of limiting potential exposure. Specializing in private entity formation, we are able to structure formation and charter documents so as to maximize not only your insulation from personal liability but also maximize the effectiveness of the argument that you are conducting and participating in regulated activities in compliance with state and local law as well as the dictates of the Cole Memo.
Second, anyone engaging in regulated activities should not fear written agreements memorializing investment, financing, vender-vendee, employment, and subcontractor terms with third parties. Such agreements for good reasons deal with all sorts of issues (partnership, control, compliance, milestones, indemnity, warranties, dispute resolution, to name a few). Such fears were well-founded in the past because such documents could be evidence of federal criminal conduct warranting federal prosecution.
Instead, today, persons engaging in regulated activities should develop and use such documentation—not only because it makes good sense to memorialize obligations and establish boundaries with persons and companies you deal with, but also because if such documentation is carefully crafted, you can actually facilitate proof of compliance at the state, local and all important federal levels. Specializing in the drafting of written agreements and all sorts of related documentation, we can provide the advice you need in this area.
Third, we can assist with state and local regulatory compliance. Finally, we are very well connected to other professionals in this field, including criminal defense attorneys and CPAs.
Given our firm's extensive experience representing the local government in California, as well as our experience with the licensing, taxation and discretionary aspects of the Medical Cannabis Regulation and Safety Act, we are well-positioned to represent local government on such issues as establishing a licensing apparatus, issuing licenses, and enforcing compliance.
Our San Diego cannabis business lawyers have the background, resources, and connections to help you. Call (858) 360-7080 to set up an initial consultation. We are ready to represent you!