Cannabis Business Counseling

Lofaro & Reiser provides a full range of business and corporate law services for our clients in the cannabis industry. 

Business Formation and Structuring

During the start-up phase, a business must consider a number of issues, including choice of entity, method of governance and capital structure.  This is particularly true in the cannabis industry, where restrictive ownership, tax, and financing rules present unique problems and opportunities for businesses.  What would be routine for most business might be restricted or even prohibited for cannabis and ancillary businesses.

Our business formation services include:

  • Entity selection
  • Corporate governance documents, including operating agreements, articles of incorporation and bylaws, shareholder agreements, and partnership agreements
  • Financing and capital contribution documents, including loan agreements, convertible notes, options, warrants, and private placement memorandums
  • Employment Agreements
  • Non-Compete/Non-Disclosure Agreements

Corporate Contract Services

Once a business is operating, maintaining a sound legal structure is crucial.  We negotiate and draft almost all kinds of corporate and commercial agreements. LoFaro & Reiser’s general corporate and contract services include:

  • Corporate governance and business operations
  • Commercial contracts and corporate transactions
  • Mergers and acquisitions
  • Asset sales and purchases
  • Equipment leasing
  • General counsel advice, including attending board meetings and taking minutes, mediating corporate disputes and resolving conflicts of interest
  • Later-stage financing

Exit Strategy

Even though the cannabis industry is in its infancy, business owners should develop an exit strategy during the start-up stage.   Whether through a sale, merger, buyout, or otherwise, a business should always have an exit scenario as part of its overall corporate strategy.  We partner with accountants, financial planners, estate attorneys, and other professionals to ensure that business owners maximize a return on their investment.

Contact Eric D. Reiser to schedule an appointment to discuss your cannabis business venture or litigation matter.

Cannabis Law Disclaimer 

Please be aware that marijuana remains a Schedule I controlled substance; possessing, using, manufacturing, distributing, and/or selling marijuana or marijuana-derived products is illegal under federal law notwithstanding the existence of any state law to the contrary. No legal advice given by LoFaro & Reiser, LLP is intended to provide any guidance or assistance in violating federal law nor will it provide any guidance or assistance in complying with federal law. By reading this overview, you understand there is no attorney/client relationship between you and LoFaro & Reiser, LLP  unless evidenced by an executed legal engagement letter. Although federal policy may, at times, recommend enforcement discretion when a business or individual is in compliance with existing state marijuana law that is deemed to comply with federal enforcement priorities, it is important to understand that compliance with state law does not equal compliance with, confer any immunity from, or provide any shield from prosecution under federal law. At any time, federal and/or state law and policy may change either to enhance or inhibit the cannabis industry.