Corporate and Business Law Issues in the Cannabis Industry

This program, taught by Jerry Goldman, the co-chair of Anderson Kill’s Regulated Products Practice, examines various corporate and business law considerations relevant to operating in the cannabis industry. It covers alternative entity structures that businesses can use when operating in the cannabis industry; concerns for intra-state and inter-state operations for businesses that come directly into contact with the cannabis plant (e.g., growers, processors or distributors) and those businesses that only indirectly have contact with the cannabis plant (e.g., real estate lessors); and debt and equity financing in the cannabis industry, from both the company and the investor/lender perspective.

The program also covers relevant business law concerns such as tax considerations (for example, IRC 280E planning), risk management and insurance, contract and contract enforcement (including the implications for bankruptcy), and briefly touches on intellectual property (particularly from the structuring side) and employment law considerations. While the rules in every state with a regulated cannabis regime are different, the course examines some common approaches that businesses nationwide have taken to address these issues. 

1. Understand the relevant corporate and business law issues in order to better represent operators and investors in the cannabis industry
2. Analyze approaches to the legal challenges of operating a business in an emerging industry
3. Identify the ethical, legal, and business ramifications of operating in an evolving legal environment at both the state and federal level