Our Cannabis Group attorneys have expertise in the key disciplines required to succeed in the cannabis industry including regulatory/compliance, real estate, corporate, licensing and intellectual property. Our team includes attorneys with in-house, operational experience with multi-state operators and other industry participants and investment professionals. The group regularly counsels clients on matters involving medical and adult-use marijuana and hemp across the US.
We take an interdisciplinary approach to serve clients' needs in this quickly evolving industry. We exemplify the entrepreneurial spirit of RCCB working with clients to further their business goals.
Debt and equity investments
Regulatory compliance advisory, including navigating multi-state regulations, and banking and capital markets
Due diligence and mock audits of vertical operational infrastructure
Fund formation and investments
Business startup considerations, including financing, corporate formation and structuring, and tax implications
Mergers and acquisitions
Labor and employment matters
Real estate and land use
Public Company related issues, including security settlement, clearing and cross-border issues
- Investors, including investment funds and high-net-worth individuals
- Private Equity Companies
- Directors and officers
- Technology companies
- Delivery companies
- Container and packaging companies
- CBD, Hemp and other related companies throughout the cannabis vertical
- Industry trade associations and lobbying organizations
REGULATORY ADVICE AND EXPERIENCE
Our regulatory attorneys have experience in highly-regulated industries including counseling companies in the hemp and marijuana space, as well as serving as regulatory counsel for cannabis industry trade associations. In addition to helping clients navigate the disharmonized state of marijuana and hemp regulation, our attorneys regularly provide critical counsel in connection with M&A transactions, and conducting due diligence on acquisition targets. Our attorneys have served as local counsel on transactions across the United States, including California, New York, New Jersey, Massachusetts and Pennsylvania facilitating transactions through navigation of local regulations and interaction with regulators.
- Developing, implementing and maintaining regulatory enterprise risk management infrastructure for U.S. multi-state operators.
- Advising on cross-border securities law issues unique to the cannabis industry
- Counseling a California-based marijuana and hemp vertical on the permissibility of hemp-derived ingredients in regulated marijuana products. This ongoing engagement has encompassed over 20 states and includes discussions with state regulators.
- Regulatory Counsel to the ATACH Beverage Counsel, tasked with creating model regulations for the cannabis beverage sector. In this regard, we are currently working with regulators in NJ and NY and the legislature in PA.
- Served as outside regulatory counsel to an international bank underwriting an RTO, which at the time, was the largest in the cannabis industry.
- Served as local California counsel on a transaction representing the purchaser of an entity with over a dozen marijuana licenses in the state.
- Advise multiple clients in the retail hemp space on the permissibility of foods and beverages containing hemp-derived cannabinoids in nearly every state. We have worked with clients on strategy regarding hemp-derived delta 8 THC, CBG, CBN, and other novel cannabinoids.
- Counseling over a half-dozen clients across all stages of the cannabis vertical in crafting responsive comments to Pennsylvania’s proposed permanent medical marijuana rules.
We are deeply entrenched in the cannabis industry. Gary and Neil serve as regulatory advisors to the American Trade Association for Cannabis and Hemp’s (ATACH) CBD Task Force and ATACH’s Cannabis Beverage Council and Capital Markets Council. Working with both C-suite executives and in-house counsel for some of the largest operators in North America, Gary and Neil have quarterbacked policy efforts like responsive comments to the DEA and USDA’s hemp IFRs, as well as state-level rulemaking comments in Oregon, New York, Pennsylvania, Massachusetts, Connecticut and Florida. Not only do we advise the private sector, but we also work with associations comprised of state regulators like CANNRA.
- Advising on regulatory matters in over a dozen jurisdictions with legal cannabis programs
- Serving as counsel to promoters raising funds to invest in various segments of the cannabis industry
- Serving as counsel to investors investing in cannabis businesses
- Advising investors and operators in medical marijuana dispensaries
- Counseling on real estate matters, including sale/leasebacks and land use matters
- Counseling on business structure and capital raising activities and debt financing
- Counseling with regard to general business matters including employment issues
- Represented a vertically integrated cannabis company in negotiating a $35 million senior secured loan for expansion and working capital.
- Represented a cannabis company in cash and stock purchase of a competitor.
- Represented a cannabis licensee in structuring, documenting and raising of capital for the acquisition of interests in multiple state licensed medical and adult-usage cannabis cultivation and dispensary.
- Counseled investors in connection with a private placement to raise of capital for investment in state licensed medical and adult usage cannabis cultivation and dispensary facilities.
- Counseled high-net worth individuals and family offices in connection with the review, negotiation and drafting of investor related agreements to deploy capital in cannabis.
- Advised landlords, tenants and property owners on the leasing, acquisition and disposition of real property in connection with cannabis related activity.
- Assisted clients with numerous sale/leaseback transactions throughout the country, including in California, Michigan, Illinois, Ohio, New York, Massachusetts, Pennsylvania, New Jersey and Virginia.
- Obtained zoning relief for medical and recreational cannabis dispensaries and cannabis cultivation facilities.
- Senior Counsel
- Speaking Engagement, November 16, 2022
- Gary Kaminsky Helps Draft ATACH Policy Paper Demonstrating Why U.S. Cannabis Operators Should Be Listed On Nasdaq and The NYSEFirm News, November 14, 2022
- Firm News, September 2, 2022
- Royer Cooper Cohen Braunfeld (RCCB) Ranked Again in 2022 Chambers USA Guide for Corporate/M&A & Private EquityFirm News, Chambers USA Guide 2022, June 7, 2022
- Kaminsky Participates in CANNRA Sponsored Conference as Marijuana Regulators and Stakeholders Discuss Future of Reform and Industry ChallengesFirm News, Marijuana Moment, June 6, 2022
- Neil Willner to Speak at INCBA Conference: "In the Weeds in the Empire State: Cannabis Licensing in New York"Speaking Engagement, May 2022
- Neil M. Willner and Gary S. Kaminsky Speak at New Jersey State Bar Association’s 4th Annual Cannabis SymposiumSpeaking Engagement, April 28, 2022
- Neil M. Willner named Chair of the Regulatory Committee for New York State Bar Association's Cannabis Law SectionApril 15, 2022
- Cannabis Attorneys Roger J. Braunfeld and Gary S. Kaminsky Discuss Their Careers and the Outlook of the Cannabis IndustryVideo, CityBiz, April 12, 2022
- Media Mention, CBDoracle.com, March 23, 2022
- Media Mention, Law360, February 16, 2022
- Firm News, February 15, 2022
- Media Mention, Citybiz, August 16, 2021
- Media Mention, The Village Voice, July 23, 2021
- Media Mention, The Village Voice, July 2021
- July 21, 2021
- Firm News, June 3, 2021
- Firm News, June 1, 2021
- Firm News, May 3, 2021
- Firm News, Darshan Talks, March 2021
- Firm News, March 2021
- Firm News, February 25, 2019
- Firm News, August 22, 2017
- Firm News, June 6, 2017
- Firm News, Journal of Corporate Renewal, October 14, 2016
- Firm News, January 13, 2016
- Publication, Cannabis Business Executive, April 21, 2022
- The Tip of the Spear Piercing the Regulated Cannabis Industry: How Intoxicating Hemp Cannabinoids and the Illicit Market Pose Significant Challenges to the Emerging IndustryPublication, Cannabis Business Executive, April 19, 2022
- Publication, RCCB Cannabis Group Alert, February 25, 2022
- Publication, RCCB Litigation Alert, February 18, 2022
- Minors Loophole: Ambiguity In the Controlled Substances Act Leaves A Pathway for Intoxicating Hemp-Derived CannabinoidsPublication, MJBiz Magazine, February 14, 2022
- Neil Willner to Participate in the New York State Bar Association Cannabis Committee’s Annual ConferenceSpeaking Engagement, New York State Bar Association, January 26, 2022
- Publication, RCCB Cannabis and Real Estate Alert, August 20, 2021
- Speaking Engagement, Independent Lodging Congress INDIE Confab Conference, July 2021
- Liquidating Outside of Chapter 11: Considerations for Cannabis and Other Companies Not Eligible for Chapter 11Speaking Engagement, American Business Institute New York City Bankruptcy Conference, May 19, 2021
- Publication, National Law Review, February 2021
- Publication, RCCB Cannabis Group Alert, February 16, 2021
- (dis)Harmonization of Marijuana and Hemp: Implications of the USDA and DEA Hemp RulesSpeaking Engagement, New York State Bar Association Annual Meeting, January 2021
- Publication, Federal Bar Association, December 2020
- Publication, Bloomberg Law, November 2020
- Thomson Reuters Health Law Handbook 2020 Edition, Medical Marijuana: State and Federal Law Thickets and Practical ImplicationsPublication, Thomson Reuters Health Law Handbook 2020 Edition, 2020
- The State of the Hemp & CBD IndustrySpeaking Engagement, Business Insurance Cannabis & Hemp Conference, May 2020
- Cannabis and Covid-19: How a Federally Illegal Drug Continues to Exist as an “Essential Business” at the State LevelSpeaking Engagement, American Bar Association, April 2020
- FDA Report Brings Hope for CBD Dietary Supplementswww.law360.com, March 2020
- The Empire State of Cannabis: A look into the Future of New York Cannabis RegulationSpeaking Engagement, Celesq CLE, March 2020
- Clear as Mud: The 2018 Farm Bill, the FDA and Uncertainty of Entering the Hemp SpaceSpeaking Engagement, Business Insurance Cannabis & Hemp Conference, October 2019
- Will the DEA’s Marijuana Rulemaking Authority Go Up in Smoke in the Second Circuit?Publication, Bloomberg, July 2019
- As the Smoke Clears (Parts 1 and 2): Marijuana Infused into an Alcohol Product? Not So Fast . . .Publication, Beverage Media magazine, February 2019
Videos & Podcasts
- Senior Counsel Gary S. Kaminsky talks to Montel Williams on the Let’s Be Blunt podcastPodcast, March 16, 2022
- Senior Counsel