Over time, I’ve heard many variations on a sure remark I’d like to deal with. The remark is: “I considered calling you for the challenge, however it wasn’t a hashish matter.” It’s an actual intestine shot, listening to these harmless phrases.
I totally perceive why somebody would assume they want a non-cannabis lawyer to deal with a non-cannabis matter. The shopper thinks of their hashish lawyer as a specialist, whereas another lawyer or regulation agency might focus on “common” enterprise issues. In actual fact, it’s most likely my very own fault shoppers assume this fashion half the time. All we ever speak about is hashish!
Chances are high, nevertheless, that your hashish lawyer is a reasonably good enterprise lawyer. Stated one other means, you probably have a gifted hashish lawyer, you possible have a gifted enterprise lawyer. Beneath are a few causes.
Hashish regulation is enterprise regulation
A big majority of the “hashish regulation” we have now accomplished on the agency is enterprise regulation, with a managed substance overlay. Similar to legal professionals who give attention to healthcare, banking, tech, or different industries, a hashish lawyer helps shoppers navigate compliance, contracts, funding, disagreements, and so forth.
Usually talking, the underlying authorized work accomplished by a hashish lawyer is similar as in different enterprise sectors. What distinguishes hashish regulation isn’t the kind of authorized expertise required, however the distinct regulatory overlay. Hashish regulation is dynamic and sometimes complicated, arising from federal illegality and all it entails. Attorneys who work with state-licensed hashish companies should be sound enterprise legal professionals, but in addition versatile and artistic.
Hashish offers have vary
Deal measurement within the hashish house is — and all the time has been — particularly extremely variable. We now have seen waves of small enterprise exercise through the years, alongside large-scale funding and a rash of U.S. firms uplisting on international exchanges (largely in Canada). And the whole lot in between.
I’ve had days the place I labored on 100-page agreements with dozens of schedules and displays, involving complicated indemnities and disclosures for widely-held firms, then turned to 10-page leases for mom-and-pop shops. The bigger offers are extra subtle and require heightened experience, however the small offers are typically more durable, resulting from budgetary constraints and clientele. A enterprise lawyer who has spent sufficient time within the hashish house will possible have vary.
Hashish regulation hasn’t been round all that lengthy
One of the best hashish legal professionals I do know are enterprise legal professionals who began out doing one thing else. The primary adult-use hashish packages didn’t roll out till 10 or so years in the past. Most of us have been doing different issues earlier than then. Enterprise issues! We have been typically doing this work at different regulation corporations, in collaboration with different enterprise attorneys. And we’ve continued to take action alongside our hashish business work.
Within the early days of grownup use hashish packages, legal professionals and regulation corporations have been cautious. The pioneering attorneys had felony regulation backgrounds and helped with small transactions, licensing and compliance. A number of the enterprise recommendation wasn’t good; some was OK. In time, extra legal professionals and regulation corporations (together with massive regulation corporations) entered the house, and extra subtle offers and fights ensued. Many of the “hashish legal professionals” dealing with these subsequent technology offers, got here from different areas.
It’s onerous to do hashish regulation, solely
The hashish business has been within the doldrums, just about since COVID. For that reason, business service suppliers have thinned out. This consists of on the authorized entrance. The enterprise legal professionals who stay are typically robust hashish legal professionals, however are additionally good in different areas. To wit, up to now week I’ve labored on:
- An M&A take care of a sizeable A.I. firm absorbing one other A.I. firm, by way of a reverse triangular merger. Nothing to do with hashish.
- A 3PL settlement for a big attire firm, to lead to commerce platforms and storefronts in and round Shanghai, China. Nothing to do with hashish.
- Negotiation of a suggestion and partnership settlement for a senior lawyer to hitch an AM 200 outfit. Once more, nothing to do with hashish.
- Three or 4 hashish enterprise gross sales, and related transactions. Hashish regulation all the way in which.
In case your hashish lawyer can do M&A, or financing, or actual property, or litigation, or any of these items in a dicey, regulated house, then they’ll possible do it elsewhere. In actual fact, they most likely already are, and have been, lengthy earlier than they met you.
Should you like working along with your hashish lawyer, and you’ve got another kind of challenge or know somebody who does, preserve that lawyer in thoughts. Most hashish legal professionals are enterprise legal professionals, in any case. And they’re competent, artistic, resourceful ones at that.
Supply: Canna Regulation Weblog
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