Cannabis Law
Since the passage of the federal Agricultural Improvement Act of 2018, businesses across New York State have engaged in hemp cultivation and the production and sale of hemp-derived products, including CBD. The landscape shifted further on March 31, 2021, when Governor Andrew Cuomo signed the Marijuana Regulation and Taxation Act (MRTA) into law, legalizing the adult recreational use of cannabis for individuals aged 21 and older.
With this legislation, New York is positioned to become one of the most significant state-regulated cannabis markets in the country. The MRTA presents substantial opportunities for both established businesses and new ventures within the cannabis space. At the same time, it introduces a complex array of legal considerations spanning regulatory compliance, licensing, taxation, employment, real estate, and corporate governance.
Our firm is prepared to advise clients navigating this evolving regulatory environment, helping them understand their rights, obligations, and opportunities under New York’s cannabis laws. Our Cannabis Law Practice is a multidisciplinary team drawing on attorneys from several key practice areas, allowing us to provide comprehensive counsel tailored to the unique challenges and opportunities of this emerging industry:
- Business Services: From startups to established businesses, the firm has extensive experience representing clients in a broad range of business and corporate matters. Our attorneys regularly assist clients with forming and structuring business entities; advising on licensing, insurance and regulatory matters; and on transactions involving business sales and acquisitions. We are skilled at assessing risks and negotiating and structuring business transactions to accomplish client goals. Our business attorneys assist with the negotiation and drafting of contracts at any stage of cannabis business, whether hemp and CBD products or marijuana products, from farming through end products.
- Commercial Real Estate, Development and Finance: We routinely handle multiple facets of sophisticated real estate development transactions and proactively assist clients through a transaction’s entire life cycle, including pre-development planning, site selection and acquisition, municipal zoning and permit approvals, SEQRA compliance, project financing and funding mechanisms, design and construction contracting, project sales and leasing, and project governance and management.
- Construction Law: Our attorneys are well-versed in New York State Labor Law (Scaffold Law) and are abreast of the liability questions raised by the passage of the MRTA and related challenges to the industry. Hurwitz Fine offers clients a broad range of legal services, including review and advice on construction contracts, as well as expertise to assist clients with understanding and navigating risk transfer options. We counsel construction businesses to narrowly tailor their business agreements and confirm their insurance policies are in alignment with best practices to meet their needs within the boundaries of New York’s statutory and regulatory schemes.
- Labor & Employment: The MRTA offers broad protection to employees for the recreational use or consumption of marijuana outside of work hours and off an employer’s premises. The Labor & Employment group has experience advising management on all aspects of the employment relationship, including discipline, workplace investigations, medical marijuana issues, and revising employer drug testing policies impacted by passage of the MRTA.
- Litigation and Dispute Resolution: Our experienced litigation attorneys are ready to strategically defend cannabis-related liability claims, including, contract disputes, commercial and corporate litigation, insurance coverage and regulation, project development, real estate, transportation (e.g., trucking and motor vehicle accidents), and products liability. Our litigation attorneys are experienced in settlement negotiation, mediation and arbitration as appropriate means of dispute resolution.
