Cannabis Licensing Lawyers

With a Track Record of Success

The Role Of An Attorney In The Cannabis Licensing Application Process

A cannabis attorney provides both strategic advice, and assists with the nitty-gritty in a cannabis license application. We provide applicants with strategies to maximize the chance of obtaining one or more licenses. However, an applicant also must plan for what they will do with the license if they are awarded one. That requires choosing the correct entity type, drafting strong governance documents for entities with multiple partners, and planning how your business will raise the funds necessary to become operational.

Cannabis license applications themselves require keen attention to detail, familiarity with a large body of regulations, as well as practical experience. Sometimes the questions on the application are unclear, and if an applicant is not familiar with the regulations, they will provide the wrong information. Other times, the questions on the license application do not align with regulatory requirements, or they need to be understood in the context of what the law requires. And, when an application undergoes review, the reviewer may flag items for correction that require an applicant to respond promptly with appropriate documentation. A failure to respond within the time allowed by regulation, or by providing information that is incomplete or contradicts other parts of the license application, can result in further delays. It may even result in denial of the license application altogether.

The attorneys at Rattner Law guide our clients at both a strategic and application-specific level. We are proud to have secured some of the first adult-use licenses awarded by New York State for our clients, and we continue to help clients who applied without the assistance of an attorney address application deficiencies. In addition, we advocate before regulatory agencies to expedite the processing of license applications.

How Rattner Law Offers Cannabis License Application Support

The attorneys at Rattner Law provide customized license application support and strategies. Depending on a client’s needs, our support ranges from on-call availability to answer questions that come up when completing a license application to preparing the entire license application with supporting legal documentation.

However, we don’t just “check the boxes.” Rather, we listen carefully to our clients to learn their goals and determine what issues may create obstacles to licensure. We then develop a holistic licensing strategy that addresses various considerations, including:

Choosing the right type of corporate entity
Providing advice on corporate structuring and governance
Securing real estate
Protecting intellectual property
Advising on federal, state, and local matters that may impact not just the license application, but the business’ long-term success

Types Of License Applications Supported By Rattner Law

At Rattner Law, we prepare license applications for applicants throughout the cannabis supply chain, such as cultivators, processors, microbusinesses, retail dispensaries, and brands. We are also highly experienced with the complex rules governing New York’s True Parties of Interest (“TPI”) and have guided numerous license applicants through New York’s TPI disclosures and changes in ownership.

Supporting License Applications Across The U.S.

The attorneys at Rattner Law carefully monitor developments relating to the cannabis and psychedelics industries in the United States.

In addition to our home state of New York, we are actively monitoring markets that are expected to have applications for licensure open in the not-too-distant future, such as Virginia, Florida, and New Hampshire. We will leverage our significant experience in New York’s messy adult-use program rollout to guide clients in other states through license applications and the predictable legal challenges that may arise.

All Practice Areas By Rattner Law

Rattner Law’s attorneys provide tailored license application support to early-stage businesses. A license application has many components, and winning a license and then launching a successful business in the cannabis industry requires many critical legal issues to be considered and documents drafted. That is why Rattner Law offers a comprehensive suite of legal services.

These services include

Entity selection and formation
Corporate governance documentation (i.e., operating agreements, shareholder agreements, etc.)
Corporate governance advice
Cannabis license applications
Regulatory compliance and advice
Contract review and interpretation
Contract negotiation and drafting
Deal structuring
Mergers, acquisitions, and exits
Real estate transactions
Advocacy work before municipalities and community boards
Fractional outside general counsel
Labor and employment
Intellectual property licensing
Intellectual property litigation
Business and commercial litigation
Partnership disputes
Mediation
Arbitration
Article 78 litigation

FAQs About Cannabis License Applications

What are the different types of cannabis licenses?

Each state has its own nomenclature for license types, but generally they break down into categories such as cultivation, manufacturing/processing, distribution, retail dispensaries, and laboratory.

Some states also have microbusiness licenses or licenses to allow on-site consumption of cannabis. Others, like New York, require brands to apply for and obtain a special license even though they are operating under an intellectual property licensing agreement and are not plant-touching.

How much does it cost to get a cannabis license?

The cost varies widely depending on the state and the type of licensing being sought. It can range from a few thousand dollars on the low end to hundreds of thousands of dollars on the high end.

Contact Rattner Law

445 Hamilton Ave. Suite 1102, White Plains, NY 10601
Hours: 9:00 a.m.-5:00 p.m. EST
info@rattner-law.com
(914) 220-5468

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