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The Expertise You Need
Duncan Delano is a veteran lawyer in the cannabis industry and has the expertise to bring your business idea to life.
Emerge Law Group
Emerge Law Group specializes in cannabis law, corporate formation, and intellectual property, everything you need to go from concept to business.
Do it Right, Do it Once
Cannabis industry law is still emerging and is constantly changing, trust the experts with your business concept
Start a business in the Cannabis Industry
Choose your license type
The first step involves researching and selecting the type of license that is most appropriate for your cannabis business. Different states have different types of licenses available, so it's important to understand the options and choose the one that is best suited to your business needs.
Form Your Team
You will need to assemble a team of experts and professionals who can help you start and run your cannabis business. This might include lawyers, accountants, and other advisors who can provide valuable guidance and support. It's also important to consider who is financing the venture and how you will secure the necessary funding.
Find Property
Once you've chosen your license type and assembled your team, you'll need to find a suitable location for your cannabis business. This might involve securing a lease or purchasing property, and you may need to provide proof of residency, assets, bank accounts, or other property in the state where you plan to operate.
Garner Local Support
It's important to build relationships with local officials and community leaders as you start your cannabis business. This might involve providing information about the "True Parties of Interest" in your business, including anyone who will receive profits, has a financial interest, exercises authority or control, assumes responsibility of debts, and spouses.
Prepare Application Materials
To apply for a cannabis business license, you'll need to gather a variety of documents and materials, including formation documents, explanations of ownership and management, company contracts, management agreements, vendor contracts, cannabis business investments, receipts of charitable investments from the past 5 years, and summaries of stocks.
Network & Meet People
Building relationships with other professionals in the cannabis industry can be beneficial for your business. Networking and meeting people in the industry can help you gain valuable insights, make connections, and establish yourself as a trusted and respected member of the cannabis community.
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Services
Free Friday Consultation
We’ve reserved Friday for you. That’s when we offer free consultations for businesses and individuals who need to tap our expertise. If you need representation, let’s talk. Take advantage of this special opportunity!
Paid Consultation with Duncan
Duncan is dedicated to ensuring successful outcomes for his clients. If you require representation, do not wait. Schedule a consultation with The Jersey Pot Lawyer today.
Ongoing Regulatory Compliance and Guidance
We’re here to set your business up for success, whether you are a publicly-traded company, closely-held business, or start-up. Our attorneys have worked at AmLaw 100 law firms, big accounting firms, and in-house for public companies and investment banks.
Drafting & Negotiating Investor Documents
Our clients are aptly positioned to achieve their financing goals while safely navigating the complex world of investments. Our team has the experience, qualifications, and resources to evaluate, structure, negotiate, and close capital raise transactions.
Intellectual Property
Your intellectual property strategy can harness your most valuable information and intangible assets including your name, brand, designs, content, services, and products — what makes your business unique in a competitive world. We help evaluate and build your IP portfolio, secure it, monetize it, and protect it.
Entity Formation
We help clients form entities and obtain state licenses and local permits to operate cannabis businesses in jurisdictions in New Jersey. We assist with agency inspections; operating procedures; employee trainings; periodic reporting; renewals; responding to proposed violations; and administrative hearings.
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Latest Posts
Check back for our blog on the latest in cannabis law.
Basic legal guidance for cannabis businesses must be followed regardless of the type of business you want to start. These standard requirements vary depending on your area and industry:Â
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‍Business Information
General Business License
DBA Documentation
Permit To Collect Sales Tax
Permits
Licenses and legal guidance for a cannabis business vary widely based on your state. For instance, some jurisdictions have an open application period to grant licenses. Other jurisdictions are more limited and issue only a few licenses during certain times of year.
States have the power to authorize licenses for many kinds of cannabis businesses, regulated based on many variables. One variable is the type of business—selling, manufacturing, growing, or investing. Below are examples of how licensing varies depending on the type of enterprise:
‍Cultivation
Retail
Edibles
InvestmentsÂ
Licensing for Employees
If operating a cannabis business is allowed on a state level, there are challenges that may be faced on a local level. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) in California, for example, allows local governments and give the power to regulate what activities are allowed. Some cities demand a local license before approving your business, while others may outright forbid it.
Starting a firm in the highly regulated field of cannabis commerce is not easy. In this article, we painted a basic “big picture” look at the initial steps. You must understand the taxing, licensing, and regulations on a federal, state, and local level to avoid headaches and penalties associated with non-compliance.Best advice? Don’t go it alone. Hire a cannabis attorney who can navigate the complex realm of cannabis law with a keen and creative eye to new and evolving legal requirements. Find a lawyer dedicated to preserving rights for businesses and individuals surrounding adult-use cannabis and plant-related medicines.