Cannabis

State Agency Relations

We have helped hundreds of clients obtain state licenses and local permits to operate cannabis businesses in jurisdictions across the United States. We also regularly assist clients with agency inspections, operating procedures, employee trainings, periodic reporting, renewals, responding to proposed violations, and administrative hearings. Cannabis laws and regulations are rapidly changing. Our cannabis team is dedicated to attending legislative hearings and agency meetings to stay up-to-date on new changes. Where the rubber meets the road is our counsel regarding strategy and business adjustments to such new changes.

Oregon

Adult and Medical Use of Cannabis Act

Oregon was the third state in the U.S. to legalize adult-use cannabis. Emerge’s Dave Kopilak was the primary drafter of Oregon Measure 91, and Genny Kiley provided input regarding various regulatory frameworks in the context of alcohol to craft the ballot measure. Our lawyers have been committed to the cannabis industry since the ground level and left prestigious law firms to serve the cannabis industry at a time when other law firms were not willing to support the cause. Emerge remains committed to seeing the industry grow in an equitable, responsible, and sensible manner.

Diversity – Equity – Inclusion

Our lawyers understand that the cannabis industry is built on the backs of legacy operators.  We are passionate about helping legacy operators evaluate entering into the regulated market and start-up considerations, including understanding uncertainty under federal law, business formation, and compliance matters.  We have advised numerous clients who have transitioned into the regulated market grow their business and capture value in the form of joint ventures, co-packing agreements, white label agreements, distribution agreements, and brand protection, and mergers and acquisitions.

Deschutes County

Oregon

Emerge won two appeals to Oregon Land Use Board of Appeals (LUBA) against Deschutes County relating to repeated denials of client’s land use application based on the County’s interpretation of its code prohibiting the siting of a cannabis production facility within 1000 feet of a “youth activity center.” Emerge successfully argued that the County’s interpretation violated two state statutes. This was the first LUBA decision to find the “reasonability” statute violated by a city or county. LUBA remanded the decision back to the County. At remand, the County again denied client’s application. Emerge won second appeal to LUBA, delivering the client a full reversal and an award of attorney fees.

Canada – Africa – Europe

Serve as lead U.S. corporate and regulatory counsel for leading publicly-traded cannabis business operating in multiple U.S. states, as well as in Canada, Africa and Europe. Representation began upon formation of the business in 2016 by two founding shareholders, and has continued through several rounds of capital raising; operational growth and regulatory compliance; initial public offering in Canada and multiple follow-on public offerings, including with respect to U.S. and cross-border securities law matters; and multiple U.S. and international acquisition transactions.

Federal

Represented 50 defendants operating state-licensed recreational marijuana retailers and producers against civil Racketeering Influenced & Corrupt Organizations (RICO) Act claims brought in federal court. Obtained voluntary dismissal of claims.

Represented 19 defendants operating state-licensed medical marijuana dispensaries against civil RICO Act claims brought in federal court. Obtained voluntary dismissal of claims.