January 5, 2021
Cannabis law is one of the newest segments of the California legal system. Being a “hot topic,” especially after being classified an essential business in California, several law firms are adopting the practice of cannabis law. For more information regarding the status of the cannabis industry, please see our article Is the Cannabis Industry an Essential Business in California? But, what is a cannabis attorney?
Much like entertainment law, cannabis law is an accumulation of several practice fields, including business law, real estate law, and employment law. The strongest attorney for the cannabis industry has several years of experience in those three fields, much like Eskridge Law. The cannabis industry is a new industry, in legal terms, and California has strict guidelines, which businesses must comply with, in order to remain open. For more information regarding these guidelines, please see our article How to Legally Start Your Own Cannabis Business in California. To ensure compliance with these regulations, it’s best to get an attorney on board.
A cannabis attorney should not only be aware of the business and legal side of the industry, but should have a basic understanding of the cannabis industry as well. While this does not mean an attorney must consume cannabis to work in the industry, an attorney should understand the history of cultivation, the difference between medicinal and adult usage, and especially the process from turning a seed into a sale. The cannabis industry takes the process seriously, and so should a cannabis attorney.
Attorneys know cannabis clients face unique challenges, even with the simplest tasks. Real estate must be located in specific jurisdictions, with regulated distances from schoolyards. There are several required business licenses, which require approval from the jurisdiction prior to applying. Employees, while working in a legal business in California, are working in a federally illegal field. This could impact their ability to receive aid under the Families First Coronavirus Response Act, unemployment, and disability. For more information, please see our article Can an Employee for the Cannabis Industry file for Unemployment Insurance or State Disability Insurance?.
When looking for an attorney to represent your cannabis business, ask if the attorney practices business, real estate, and employment law.
Need more information?
ESKRIDGE LAW may be contacted by phone (310/303-3951), by fax (310/303-3952) or by email (geskridge@eskridgelaw.net). Please visit our website at eskridge.hv-dev.com.
This article is based on the law as of the date posted at the top of the article. This article does not constitute the provision of legal advice, and does not by itself create an attorney-client relationship with Eskridge Law.