Practice Areas

GENERAL COUNSEL
COMMERCIAL CANNABIS INDUSTRY
(MEDICAL & ADULT-USE)

Clark Neubert LLP provides comprehensive and experienced legal counsel to commercial cannabis businesses in all aspects of their formation and ongoing operation.

We have extensive experience representing all forms of California cannabis businesses, including stock corporations, limited liability companies, mutual benefit corporations, public benefit corporations, consumer cooperatives, and unincorporated associations. Serving as outside general counsel, we empower our clients to form and maintain business entities in compliance with state and local law and relevant guidelines, maneuver through the new and ever-changing supply chain transactional needs, and structure their corporate entity to pursue whatever ultimate goal they envision.

Most of Clark Neubert’s clients come to and stay with the firm for outside general counsel work.  What differentiates us is our wraparound capacity, enabling our clients to solve their legal concerns under one roof.  Our team is communicative and collaborative ensuring our clients receive cohesive service and advise across the firm.  Clark Neubert’s team works across the state to be where our clients’ projects are and where their ambitions are leading them.  It’s our job to stay ahead of the pack, ahead of the curve, and to prevent problems at for clients’ businesses and investments.  All of our attorneys work across traditional disciplines to ensure that each of our clients gets the most valuable advice.

Our attorneys set the standard for the conversion of legacy cannabis businesses into for-profit corporations and limited liability companies.  We have performed every conversion and transition imagined by the California Corporations Code.  Our work is based on a fluency with the California Corporations Code, in symmetry with our experience with California Limited Liability Companies and S-Corporations.  We advise on the ideal structure for any California cannabis project, from Sacramento to Humboldt to Alameda to Los Angeles to Riverside counties.

COMMERCIAL CANNABIS LICENSING AND REGULATORY COMPLIANCE

Clark Neubert LLP’s team provides experienced, in-the-trenches advice to help our clients achieve success in local permitting and state commercial cannabis licensure.

Our attorneys are leading experts in the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) and its regulatory implementation and are looked to by the industry and regulators for our experience and expertise in navigating the transition to a regulated marketplace.  Our attorneys are thought leaders and strategic partners to our clients, helping them identify and avoid the pitfalls less experienced counsel will miss.  Our years of experience working with local and state regulators through our clients’ successful projects uniquely positions our attorneys to be adept and effective in identifying and serving our clients’ regulatory needs.

We have helped clients obtain licenses and use permits both in well-established cannabis markets and states and municipalities new to the industry.  We understand the complexities and nuances of local permitting process and how to guide clients towards the achievement of their goals.  We understand because we have done it.

CORPORATE AND TRANSACTIONAL

Clark Neubert LLP is a full service firm representing our clients in all their corporate transactions, including financing with debt and/or equity, partnering with joint ventures, licensing transactions, and investing in cannabis projects in California, sovereign Native American territory, and other states.

Our attorneys bring years of experience negotiating and drafting cannabis partnership agreements and operating agreements.

Our attorneys regularly run deals for client fundraising, and we fully staff every facet of cannabis transactions with veterans.  From negotiating term sheets to tax efficiency analyses, from drafting shareholder agreements to zoning compliance, Clark Neubert’s team has experience on every transaction between a company’s ideation and its ongoing business operation or exit.  We are sought out as deal counsel for stock financings, partnership debt and equity financings, and all nature of combinations and mergers and acquisitions, including transactions involving non-profit entities.

Importantly, our attorneys bring valuable corporate experience from outside cannabis to all our projects; our training as general corporate attorneys ensures all the techniques and strategy of a traditional venture capital practice inform our cannabis practice.  To ensure clients have access to all the tools growth businesses need, our firm designs equity incentive plans for its clients that include stock options, restricted stock and profits interests.

We ensure that all corporate advice takes into account the latest changes to tax laws and the most current interpretation of crucial tax provisions, including Section 280E.  We recognize the extensive nature of Internal Revenue Service and State Franchise Tax Board and Department of Tax and Fee Administration requirements on our clients.  Because of this complexity, our advice is distinguished by its straightforward and useful nature.