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Cannabis

Industry Team

  • New York State Releases Notable Draft Regulations for Labeling, Packaging Cannabis
  • Harris Beach Attorneys FL Gorman and Brendan Palfreyman Featured in Cannabis News Articles
  • Permit Proposed for Cannabis Dispensaries, Restaurants and Theatres to Allow On-Site Consumption
Profile
Sectors
Services
Experience
People

Our collaboration matters when capitalizing on cannabis

Succeeding in New York state’s rapidly developing cannabis market requires full-service solutions powered by regional knowledge, statewide coverage, local connections and fluency in regulatory compliance. As a law firm with a regional focus, Harris Beach represents the nation’s leading companies dealing with cannabis, hemp and CBD, including large multi-state operators, start-ups, growers and non-plant-touching businesses, as well as medical marijuana registered organizations. Harris Beach also represents municipalities, lenders, financial institutions and service vendors providing operational support to cannabis companies and/or interacting with the industry generally.

As one of the first law firms to offer a comprehensive portfolio of legal services to cannabis clients in New York state, Harris Beach has built a collaborative Cannabis Industry Team integrating decades of knowledge and thought leadership from multiple areas of law. Our cross-functional approach to client matters allows us to advise on new laws and regulations as well as developments with the Marijuana Regulation and Taxation Act (MRTA), the Office of Cannabis Management (OCM), the Cannabis Control Board (CCB) and other legislative entities.

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Commercial Real Estate / Land Use / Zoning

  • Advise on acquisition, leasing, leaseback, financing and/or development of real estate
  • Navigate and secure local and state permits and/or land use approvals, including rezoning, special permit, site plan, subdivision and variance approvals
  • Navigate complex state environmental review processes including the New York State Environmental Quality Review Act (SEQRA) and New York City Uniform Land Use Review Procedure (ULURP)
  • Coordinate and manage due diligence of commercial real estate transactions including title review, zoning and land use research, survey analysis and review of environmental and engineering reports

Corporate and Governance

  • Advise on corporate, LLC or partnership formation and structuring, assist in preparing shareholder, LLC or partnership agreements and assist in restructurings, buyouts and similar reorganizations
  • Advise on drafting and negotiating supplier, customer, licensing, intellectual property and other contractual matters
  • Advise on mergers and asset or equity acquisitions or dispositions
  • Advise on private placements, convertible note offerings and senior or mezzanine financings
  • Advise on the creation of corporate boards, develop guidance for directors and develop charters, bylaws, and compliance policies

Cybersecurity 

  • Provide guidance on privacy, data protection and compliance issues
  • Assess risk and build compliance with regulations such as New York State Department of Financial Services, GDPR, HIPAA and CCPA

Economic Development/Government Incentives

  • Identify applicable tax credits, exemptions and government incentives
  • Counsel on state and local sales and use tax exemptions and real property tax abatement (or Payments in Lieu of Taxes)

Financial Institutions

  • Advise cannabis companies on federal and state regulations impacting access to financial institutions
  • Guide financial institutions and cannabis companies through compliance requirements, including anti-money laundering laws and customer due diligence requirements

Food and Beverage

  • Counsel clients in development and distribution of food, beverage, dietary supplement and cosmetic products containing hemp, hemp oil and CBD
  • Advise on endorsement and influencer agreements; as well as social media best practices and policies
  • Counsel clients in connection with consumer class action and unfair competition complaints

Immigration

  • Advise on potential immigration consequences of involvement in the cannabis industry and of personal use of marijuana
  • Assist foreign nationals to obtain waivers following cannabis-related inadmissibility determinations

Intellectual Property

  • Assist with patent, trademark and copyright applications for cannabis products and cannabis derivatives such as CBD
  • Help clients navigate rejections from the USPTO for hemp/CBD-related trademark applications based on the FDCA
  • Advise on protection of corporate brand reputation
  • Enforce trademark and copyright claims against infringers, including drafting cease and desists and trademark and copyright litigation

Labor and Employment

  • Advise on workforce policies related to cannabis screening and use
  • Negotiate labor peace agreements
  • Draft, review and negotiate workplace policies and employment contracts
  • Advise on employment issues including hiring best practices, development of legally compliant employee manuals/policies and employee training including state-mandated anti-harassment training
  • Advise on matters of statutory compliance including ADA, FMLA, wage and hour and ERISA, NYSHRL and NYLL

Licensing and Regulatory

  • Navigate high-stakes license procurement processes and regulatory matters before New York State Department of Health, Department of Agriculture & Markets, and other state and local agencies
  • Advise on pre-operational and operational regulatory matters, including licensing, inspections, enforcement, and growth strategy
  • Advise on compliance with state and local lobbying laws, including the vetting and selection of state and local lobbyists
  • Appear before state and local agencies regarding regulatory compliance and enforcement proceedings

Litigation

  • Manage contract disputes, business conflicts and litigation pertaining to environmental concerns, land use and intellectual property
  • Handle all aspects of the litigation process, from pleadings to discovery to motion practice to trial
  • Engage in all manners of alternative dispute resolution (ADR), including arbitration and mediation

Medical Use and Medical Marijuana

  • Advise medical marijuana registered organizations in day-to-day operations and regulatory compliance
  • Advise health care providers on compliance with the Office of Cannabis Management regulations
  • Address application of HIPAA and privacy regulations

Project Development

  • Assess project feasibility given local and state regulations
  • Manage project applications to secure approvals
  • Handle contract and bidding negotiations
  • Coordinate with owners, developers, municipalities, construction teams and other constituencies to advance projects
  • Retail Real Estate

Tax

  • Advise on federal tax and state and local tax (SALT) issues, including economic development incentives, grants, tax credits, tax exemptions and financing
  • Successfully advised and guided New York’s highest scoring medical marijuana applicant in a competitive, high-stakes application process, from the drafting and submission of application through licensure and continued operation
  • Currently represent two of the original five medical marijuana Registered Organizations in a variety of capacities, including: regulatory affairs before the New York State Department of Health; zoning, land use, and planning counsel; commercial real estate negotiations and agreements; negotiation of labor peace agreements with organized labor; state and local lobbying and campaign finance compliance; administrative approvals related to mergers and acquisitions
  • Advised one of nation’s largest cannabis companies in successfully obtaining the first approval by the New York State Department of Health of an acquisition of stock of a licensed Registered Organization
  • Assisted with the acquisition of an organization with an existing medical marijuana production and distribution license, advising on New York state regulatory issues; purchase agreement; retirement of certain outstanding debt of the target company and other acquisition-related issues; and on state approval of the acquisition
  • Advised a hemp producer and processor through corporate formation and an initial capital raise, including counseling on compliance with state and federal securities laws and filings
  • Represented a biosciences research company conducting clinical trials on various drug compounds containing cannabinoids, including counsel related to the navigation of federal controlled substance registration requirements
  • Guided medical marijuana applicant and licensee in the navigation of New York state, New York City, and local governments, including vetting and selection of lobbyists and other New York-based boutique professional services
  • Served as local counsel for Registered Organizations utilizing Harris Beach’s statewide platform, offices, and connections from Buffalo and Long Island
  • Served as state and local lobbying, ethics, and campaign finance counsel, including organization and submission of periodic filings at state and local levels

Other Relevant Experience

  • Successfully advised and guided one of New York’s highest scoring applicants in a competitive, high-stakes application process for one of only four commercial casino licenses

Team Leader(s)

Francis L Gorman

Francis L. Gorman, III

Member
Heidi Schult Gregory

Heidi Schult Gregory

Member

Team

All Insights, All Publications, Legal Alert |
 June 20, 2022
Permit Proposed for Cannabis Dispensaries, Restaurants and Theatres to Allow On-Site Consumption
Could cannabis-infused cocktails surface as the next restaurant trend? Will concert venues offer pre-rolled joints? Would comedy screenings ...read more
All Insights, Legal Alert |
 June 2, 2022
New York State Releases Notable Draft Regulations for Labeling, Packaging Cannabis
New York state’s Office of Cannabis Management has released draft regulations for labeling and packaging cannabis that may appear restrictiv...read more
All Insights, All Publications, Legal Alert |
 May 26, 2022
Class Action Filed Against One of Country’s Leading Cannabis Real Estate Investment Trusts
Innovative Industrial Properties, Inc. (“IIPR” as listed on the NYSE) is a real estate investment trust (“REIT”) focused on the acquisition,...read more
All Insights, Audio |
 May 18, 2022
Catching up on Recent Cannabis Developments in New York State
This is an exciting time in the adult-use marijuana space in New York state – last month more than 80 small farmers received conditional cul...read more
All Insights, Audio |
 May 5, 2022
Karl Sleight Featured on New York State Business Council’s CONNECT Podcast
Karl Sleight recently joined the New York State Business Council’s CONNECT podcast to discuss the latest on New York state's cannabis laws. ...read more
All Insights, All Publications, Legal Alert |
 April 12, 2022
Information Released on Adult-Use Cannabis Excise Tax for Distributors, Retailers
he New York State Department of Taxation and Finance (the “Department”) has created a new webpage addressing the adult-use cannabis product ...read more
All Insights, All Publications, Legal Alert |
 March 14, 2022
First Wave of Licensed Cannabis Retailers Designated For Those Impacted by Marijuana Convictions
The New York Cannabis Control Board has proposed draft regulations to create a conditional adult-use cannabis retail license, the first of i...read more
All Publications, Legal Alert |
 February 24, 2022
Licensing Bill Moves New York Closer to Legalized Adult Use of Marijuana
Exciting news for the adult-use cannabis industry in New York State: on February 22, 2022, New York Gov. Kathy Hochul signed legislation cre...read more
All Publications, Legal Alert |
 January 25, 2022
With Opt-Out Deadline Past, What’s Next for Municipalities Weighing Cannabis Retail?
December 31, 2021 was a critical date for municipalities weighing the decision to allow cannabis retail dispensaries and consumption sites o...read more

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Cannabis

Industry Team

■ Profile

Our collaboration matters when capitalizing on cannabis

Succeeding in New York state’s rapidly developing cannabis market requires full-service solutions powered by regional knowledge, statewide coverage, local connections and fluency in regulatory compliance. As a law firm with a regional focus, Harris Beach represents the nation’s leading companies dealing with cannabis, hemp and CBD, including large multi-state operators, start-ups, growers and non-plant-touching businesses, as well as medical marijuana registered organizations. Harris Beach also represents municipalities, lenders, financial institutions and service vendors providing operational support to cannabis companies and/or interacting with the industry generally.

As one of the first law firms to offer a comprehensive portfolio of legal services to cannabis clients in New York state, Harris Beach has built a collaborative Cannabis Industry Team integrating decades of knowledge and thought leadership from multiple areas of law. Our cross-functional approach to client matters allows us to advise on new laws and regulations as well as developments with the Marijuana Regulation and Taxation Act (MRTA), the Office of Cannabis Management (OCM), the Cannabis Control Board (CCB) and other legislative entities.

■ Services

Commercial Real Estate / Land Use / Zoning

  • Advise on acquisition, leasing, leaseback, financing and/or development of real estate
  • Navigate and secure local and state permits and/or land use approvals, including rezoning, special permit, site plan, subdivision and variance approvals
  • Navigate complex state environmental review processes including the New York State Environmental Quality Review Act (SEQRA) and New York City Uniform Land Use Review Procedure (ULURP)
  • Coordinate and manage due diligence of commercial real estate transactions including title review, zoning and land use research, survey analysis and review of environmental and engineering reports

Corporate and Governance

  • Advise on corporate, LLC or partnership formation and structuring, assist in preparing shareholder, LLC or partnership agreements and assist in restructurings, buyouts and similar reorganizations
  • Advise on drafting and negotiating supplier, customer, licensing, intellectual property and other contractual matters
  • Advise on mergers and asset or equity acquisitions or dispositions
  • Advise on private placements, convertible note offerings and senior or mezzanine financings
  • Advise on the creation of corporate boards, develop guidance for directors and develop charters, bylaws, and compliance policies

Cybersecurity 

  • Provide guidance on privacy, data protection and compliance issues
  • Assess risk and build compliance with regulations such as New York State Department of Financial Services, GDPR, HIPAA and CCPA

Economic Development/Government Incentives

  • Identify applicable tax credits, exemptions and government incentives
  • Counsel on state and local sales and use tax exemptions and real property tax abatement (or Payments in Lieu of Taxes)

Financial Institutions

  • Advise cannabis companies on federal and state regulations impacting access to financial institutions
  • Guide financial institutions and cannabis companies through compliance requirements, including anti-money laundering laws and customer due diligence requirements

Food and Beverage

  • Counsel clients in development and distribution of food, beverage, dietary supplement and cosmetic products containing hemp, hemp oil and CBD
  • Advise on endorsement and influencer agreements; as well as social media best practices and policies
  • Counsel clients in connection with consumer class action and unfair competition complaints

Immigration

  • Advise on potential immigration consequences of involvement in the cannabis industry and of personal use of marijuana
  • Assist foreign nationals to obtain waivers following cannabis-related inadmissibility determinations

Intellectual Property

  • Assist with patent, trademark and copyright applications for cannabis products and cannabis derivatives such as CBD
  • Help clients navigate rejections from the USPTO for hemp/CBD-related trademark applications based on the FDCA
  • Advise on protection of corporate brand reputation
  • Enforce trademark and copyright claims against infringers, including drafting cease and desists and trademark and copyright litigation

Labor and Employment

  • Advise on workforce policies related to cannabis screening and use
  • Negotiate labor peace agreements
  • Draft, review and negotiate workplace policies and employment contracts
  • Advise on employment issues including hiring best practices, development of legally compliant employee manuals/policies and employee training including state-mandated anti-harassment training
  • Advise on matters of statutory compliance including ADA, FMLA, wage and hour and ERISA, NYSHRL and NYLL

Licensing and Regulatory

  • Navigate high-stakes license procurement processes and regulatory matters before New York State Department of Health, Department of Agriculture & Markets, and other state and local agencies
  • Advise on pre-operational and operational regulatory matters, including licensing, inspections, enforcement, and growth strategy
  • Advise on compliance with state and local lobbying laws, including the vetting and selection of state and local lobbyists
  • Appear before state and local agencies regarding regulatory compliance and enforcement proceedings

Litigation

  • Manage contract disputes, business conflicts and litigation pertaining to environmental concerns, land use and intellectual property
  • Handle all aspects of the litigation process, from pleadings to discovery to motion practice to trial
  • Engage in all manners of alternative dispute resolution (ADR), including arbitration and mediation

Medical Use and Medical Marijuana

  • Advise medical marijuana registered organizations in day-to-day operations and regulatory compliance
  • Advise health care providers on compliance with the Office of Cannabis Management regulations
  • Address application of HIPAA and privacy regulations

Project Development

  • Assess project feasibility given local and state regulations
  • Manage project applications to secure approvals
  • Handle contract and bidding negotiations
  • Coordinate with owners, developers, municipalities, construction teams and other constituencies to advance projects
  • Retail Real Estate

Tax

  • Advise on federal tax and state and local tax (SALT) issues, including economic development incentives, grants, tax credits, tax exemptions and financing

■ People

Team Leaders

Francis L. Gorman, III

Member
(585) 419-8628
flgorman@harrisbeach.com

Heidi Schult Gregory

Member
(585) 419-8720
hgregory@harrisbeach.com

Team

Bartholomew Chacchia

Senior Counsel
(585) 419-8926
bchacchia@harrisbeach.com

Susan M. Crossett

Consultant
(315) 214-2044

Meaghan T. Feenan (Lambert)

Associate
(518) 701-2742
mfeenan@harrisbeach.com

Christopher H. Feldman

Member
(914) 298-3007
cfeldman@harrisbeach.com

Christian R. Flemming

Associate
(518) 701-2722
cflemming@harrisbeach.com

Terrance P. Flynn

Member
(716) 200-5120
tflynn@harrisbeach.com

Douglas E. Gerhardt

Member
(518) 701-2738
dgerhardt@harrisbeach.com

Francis L. Gorman, III

Member
(585) 419-8628
flgorman@harrisbeach.com

Heidi Schult Gregory

Member
(585) 419-8720
hgregory@harrisbeach.com

Ross B. Hofherr

Member
(212) 313-5482
RHofherr@HarrisBeach.com

Gene Kelly

Member
(518) 701-2740
GKelly@HarrisBeach.com

John J. Kolesar

Associate
(914) 298-3025
jkolesar@harrisbeach.com

Constantine P. Lizas

Member
(202) 975-9780
CLizas@HarrisBeach.com

Justin S. Miller

Member
(518) 701-2710
jmiller@harrisbeach.com

Brendan M. Palfreyman

Member
(315) 214-2161
bpalfreyman@HarrisBeach.com

Frank C. Pavia

Member
(585) 419-8709
fpavia@harrisbeach.com

Wesley M. René

Associate
(518) 701-2719
wrene@harrisbeach.com

Danielle M. Rizzo

Member
(716) 200-5149
drizzo@harrisbeach.com

Charles (Chip) W. Russell

Member
(585) 419-8635
crussell@harrisbeach.com

Karl J. Sleight

Member
(518) 701-2716
ksleight@harrisbeach.com

Joan P. Sullivan

Member
(518) 701-2732
jsullivan@harrisbeach.com

Taylor C. Ventre

Associate
(585) 419-8656
tventre@harrisbeach.com

William M. X. Wolfe

Associate
(315) 214-2059
wwolfe@harrisbeach.com

Pietra G. Zaffram

Member
(716) 200-5112
pzaffram@HarrisBeach.com

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Sports Law
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of June 28, 2022 2:43 pm
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