Cannabis

The  legalized recreational cannabis market in New Jersey brings plenty of opportunity for success. Complying with the complex laws and regulations governing the cannabis industry is imperative for any business looking to operate in this space. The ability for a business to produce, manufacture, distribute, or sell cannabis related products must be done in strict adherence to state and local regulations. Our clients are both veterans and new leaders of the cannabis industry, including retailers, processors, growers, and ancillary businesses. Attorneys in Archer’s Cannabis Law Group possess extensive knowledge of New Jersey’s cannabis laws and regulations and are uniquely qualified to advise clients on how to prudently build, grow and operate their business.

Archer’s Cannabis Law Group is led by Bill Caruso, a long-time public policy adviser and founding member of the New Jersey United for Marijuana Reform steering committee and a board member for the New Jersey Cannabis Industry Association. Archer’s attorneys, in conjunction with Archer Public Affairs, were at the forefront of marijuana legalization, served as trusted advisors to the public sector helping governments grapple with responsible regulations that safeguard both public safety and business enterprise. This background, coupled with our experience representing highly regulated industries, creates a synergy within our practice group to help clients make sound, informed choices to comply with existing laws while adopting agile, forward-thinking strategies for future expansion.

We counsel clients in the following areas:

Regulatory Compliance

We help clients understand the extensive cannabis laws and provide practical and actionable guidance on the adoption of cost-effective and compliant standard operating procedures. The state agencies governing cannabis businesses are known to frequently amend the rules in response to perceived industry need or demand. Our team aids your understanding of enforcement efforts so you can efficiently work with regulators and minimize the potential for inquiries, audits and investigations. 

Services:

• License and registration application assistance
• State licensing compliance
• FDA, FDCA and Industrial Hemp Farm Bill compliance
• Business plan development
• Development of required business manuals
• Penalties and fines
• Product labeling and advertising

Corporate

We’re here to support your cannabis business throughout its entire life cycle — from organization, financing, and operation to mergers, acquisitions, and divestitures. Our lawyers provide guidance on ownership structure, entity formation and naming, corporate governance, commercial contracts, deal structuring, franchising, real estate, tax planning, and much more.

Services:

• Business formation
• Partnership and operating agreements
• Mergers and acquisitions
• Public companies and filings
• Investments and financing

Real Estate and Land Use

When it comes to leasing or buying property, our attorneys provide in-depth legal counsel to operators in every sector of the cannabis industry, from cultivators and manufacturers, to transporters, distributors, testing labs, and retailers.  Our group works with our cannabis clients in preparing and negotiating leases, drafting contingent purchase agreements, representing clients before zoning and planning boards, evaluating potential real estate acquisitions for growers, cultivators, and dispensaries, and providing guidance on waste management and disposal.

Services:

• Commercial leasing
• Real estate acquisitions
• Landlord/tenant negotiations
• Zoning and land use
• Local approvals and certifications
• Environmental compliance
• Waste management

Intellectual Property

Cannabis businesses face a multitude of legal issues to register, protect and license their trademarks, copyrights, trade secrets, and other intellectual property. Our cannabis team is well-versed in the unique challenges clients face when it comes to securing their IP, and we take quick action to identify and implement the specific protections they need while taking into account the distinctive characteristics of the cannabis industry. Our group also works with clients on their overall branding strategy, counseling them on their choice of brand names and logos, packaging design, labeling, and how to refine marketing materials. 

Services:

• Licensing 
• Copyright and trademark registrations and enforcement
• Enforcement, infringement and disputes
• Trade secrets 
• Strategic branding

Labor and  Employment 

We counsel our clients in all phases of employment relations. Our attorneys handle a broad range of traditional labor and employment matters, including employment contracts, wage and hour issues, employee policies and handbooks, unfair labor practices charges, workplace investigations, and employment litigation. We provide in-house training for management and employees. In addition, we assist clients with workforce planning, recruitment, hiring and terminations, as well as providing counsel on resolution of workforce complaints.

Services:

• Employee handbooks
• Employment contracts and non-disclosure agreements 
• Hiring and termination
• Workplace impairment recognition protocols  
• Labor and employment disputes

Litigation

In this complex environment, cannabis litigation often involves navigating conflicting legal frameworks, regulatory compliance issues, and potential exposure to both state and federal legal consequences. Our team of experienced attorneys helps guide clients through this intricate legal terrain, leveraging our deep understanding of both state and federal laws to help cannabis businesses and stakeholders protect their interests, resolve disputes, and achieve favorable outcomes.

Services:

• Contract breaches
• Employment claims
• Trademark and patent infringement
• License challenges
• Consumer liability
• Products liability
• Insurance disputes

Disclaimer: Using, possessing, distributing and/or selling marijuana is illegal under federal law, regardless of any state law. Businesses and individuals should be aware that compliance with state law does not assure compliance with federal law.  Federal laws may be enforced in the future. Legal advice provided by Archer & Greiner is designed to counsel clients regarding the existing and/or proposed cannabis law. No legal advice we give is intended to provide any guidance or assistance in violating federal law.