why need lawyer marijuana grow business

by Hans Oberbrunner 7 min read

By keeping track of case law and changes in policy, an attorney can also keep a marijuana business up to date and protected. As the industry and retail dispensary volume grow, business owners may also want to protect the intellectual property of their products or trade secrets in the marijuana industry.

An attorney can help ensure that your business is structured in a way that reduces the risk of federal prosecution. By keeping track of case law and changes in policy, an attorney can also keep a marijuana business up to date and protected.Oct 18, 2019

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What to do once you have categorized your business?

Once you have categorized your business, you can discuss specific requirements with a lawyer who is familiar with both state and federal marijuana laws. This is the most critical part of building a legitimate business, so don’t attempt to navigate the technicalities on your own and risk losing your investment.

Is it illegal to sell marijuana?

Under federal law, it is illegal to sell, distribute or possess marijuana in any form, but authorities tend to focus more on black market products and underage sales. However, this does not mean that the government will never prosecute your business. A reliable lawyer can help you monitor changes in local policies and structure your business properly to minimize the risk of criminal charges. Without professional guidance, one small mistake could liquidate your finances and land you in federal court. If you plan to hire other employees, an attorney can also assist you with liability laws and insurance.

Why do I need a lawyer for my business?

The reason is that having questions answered by a legal professional is not a bad idea. If you have doubts about a business operation, it is best to have clarity before engaging in commercial activity. In the marijuana industry, this is even more important. Legally operating establishments have been raided by local and federal law enforcement agencies for numerous reasons. There is confusion and misinterpretation of statutes that not only differ from state to state, but also on the federal level. Therefore, everyone in the cannabis industry is encouraged to have legal counsel to ensure that their activities are legitimate.

Is hemp legal in the US?

Although the United States Congress officially legalized hemp, much confusion still exists among regulatory agencies and law enforcement. Hemp, considered to be cannabis with a THC concentration of no more than 0.3 percent, contains cannabidiol (CBD), with promising medical properties. The definition’s percentage, although arbitrary, does place some standards as to what is considered hemp and what is classified as psychoactive marijuana. However, interstate commerce of the substance is regulated by federal and state departments. Therefore, transporting may be illegal in some states but legal by the central government. Furthermore, if the transportation of hemp is done by a truck that is traveling through a state that has a stricter definition of the farm bill, the legality is even harder to interpret.

How to manage a cannabis business?

In the section of management and operations, you should talk about your organizational structure. Highlight you and your team, and mention the key roles in the company. Mention what tasks each team member will work on, and how operative your business will be. Management in the cannabis business is usually responsive to your organization skills, which is why you should develop a strategy to keep your business up to date when it comes to new regulation announcements and market changes. Cannabis business often is a corporate structure with a team approach.

What is the most important thing to consider when opening a cannabis business?

While opening a cannabis business, you should focus on legal requirements in your state, especially regarding cannabis production and distribution.

How much is the cannabis market worth in 2027?

The report from Grand View Research shows the global value of the cannabis market will be $73.6 billion by 2027. Making the right marketing analysis is crucial for you to get a share of the market. You have to know the trends in medical and adult-use applications. There are also some critical segments of the easy or hard availability of the products. You may also look for the ideal age for your consumers and their reasons for cannabis consumption. Market analysis also cover prices. This part will make your cannabis business plan effective if you know the market prices and their change over time. Your business will undoubtedly have the future if you succeed in offering the affordable price for the demanding product. That is why market analysis provides much more than a simple summary of the market. It also shows you a broader perspective on how you plan to make your business profitable.

What is the financial summary of a cannabis business?

There are three financial statements to include: the income statement, the cash flow projection, and the balance sheet. As part of the income statement, you should consider each fiscal quarter or year of your income.

What is cannabis management?

Management in the cannabis business is usually responsive to your organization skills, which is why you should develop a strategy to keep your business up to date when it comes to new regulation announcements and market changes. Cannabis business often is a corporate structure with a team approach.

What is legal structure in cannabis?

The legal structure is a crucial part of your cannabis business plan, and it is good to get advice on how to structure this part of the plan. Other points of the company description section include the history of the company, mission statement, location, and management team. Market Analysis.

Can you open a dispensary with limited amounts of cannabis?

On other occasions, you may need to consider opening a dispensary with limited amounts of products, depending on your state’s regulations regarding some varieties.

How to Start a Legal Grow Op

How to start a legal grow op might be the first question you ask yourself if legalization comes to your state. If you’ve ever grown your own cannabis plant at home you already know it’s not a walk in the park. Imagine taking that one plant and multiplying it by the hundreds.

How to Start a Legal Grow Op

Starting a legal grow op in the US requires some preparation and a little bit of knowledge about the marijuana business. We all know that the cannabis industry is the potentially rewarding industry, but only if we apply specific cannabis growth rules can we expect the results in profit.

Is a Cannabis Cultivation Business Plan Needed?

A cannabis cultivation business plan is the first prerequisite for the company’s success. It is not only the plan where you define operations of your cannabis growing business. It is also a separation of different actions that need to be done along the way.

What is a Commercial Marijuana Grower?

Defining a commercial marijuana grower could be tricky. First of all, we need to think about the marijuana growers who organize their business according to the location and the size of the object. In this case, we can see why some growers have better conditions than others. Sometimes, a large space area gives you an advantage in business.

Why Are Lights So Important for Marijuana Growth?

Marijuana grow op facilities should have ultra-quality lights that are sometimes more expensive than you think, but each dollar invested in good lights will bring you more profit in the long run.

What Is an Average Yield Per Square Foot?

It is difficult to say what the average yield is when you grow marijuana. However, there are some commonly found results, and they speak about the methods and cultivation units when you grow marijuana indoors.

Why is there no small business loan for marijuana?

The lack of small-business financing for marijuana businesses stems first from the fact that they’re federally illegal businesses . Many of the best banks for small-business loans operate on the federal scale and are subject to federal banking laws that make lending to a marijuana business nearly impossible.

How much is the cannabis industry in Colorado?

Since legalization in 2014, Colorado’s regulated cannabis industry sales have topped $6 billion. And sales are projected to reach $50 billion by 2026 — further proving the potential of a lucrative industry. Here’s what you need to know before starting a marijuana business and the steps to take if you decide to enter the cannabis industry.

How much does it cost to start a medical marijuana dispensary?

In states where medical marijuana is legal, marijuana businesses typically need to pay around a $5,000 non-refundable application fee for starting the business. (In Louisiana it’s only $150 to apply, but in New Jersey, it’s $20,000.)

How much tax does marijuana cost in Washington?

For Washington, there’s a regular 10% sales tax, city tax and another 25% federal tax. According to the owners of Cannabis City, about 60% of the value of the product goes to taxes, 30% to the costs of goods sold and about 1% to 5% left for actually running the business.

How much tax does a grower pay on a product?

There’s a 25% tax on what the grower ships to the processor, and another 25% tax on the processor to the retailer. After that, the retailer faces another 25% tax when the product goes into the consumer’s hands. For Washington, there’s a regular 10% sales tax, city tax and another 25% federal tax.

Can alternative lenders finance marijuana?

However, alternative lenders have filled in some of the gaps in lending to owners of marijuana businesses. However, before you dive deep into starting a cannabis business, be aware that your financing and funding options will be limited compared to what a more traditional small business could secure.

Is marijuana a local business?

Your marijuana business will likely be local and on a smaller scale, but you still need to choose a business entity that's right for you. The business entity you choose will affect the taxes you pay and the level of risk you're exposed to.

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Understanding Federal and State Laws

  • While you may have a general understanding of marijuana laws in your state, the federal government still considers it an illegal substance. Fortunately, business owners who comply with local regulations stand a better chance of establishing long-term success in this industry. In order to legitimize your startup, you must first determine what products or services you plan to offer. …
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Applications, Finances and Licensing

  • Once you have categorized your business, you can discuss specific requirements with a lawyer who is familiar with both state and federal marijuana laws. This is the most critical part of building a legitimate business, so don’t attempt to navigate the technicalities on your own and risk losing your investment. Depending on where you live, the process of applying for a license and obtainin…
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Protecting Your Business

  • Under federal law, it is illegal to sell, distribute or possess marijuana in any form, but authorities tend to focus more on black market products and underage sales. However, this does not mean that the government will never prosecute your business. A reliable lawyer can help you monitor changes in local policies and structure your business proper...
See more on mightyrecruiter.com