Administrative Appeals

Surefooted counsel in rapidly changing legal terrain

The shortest distance between your cannabis business and success? Us.

Know your rights. Defend your business.

Our cannabis attorneys know how to help your cannabis business succeed in state administrative hearings and appeals in California, Oregon and Washington.

Why? Because we’ve done it before. We have been handling cannabis administrative hearings and appeals since 2012. Use our experience and our depth to gain the edge you need.

State agencies may choose to deny your business registration, revoke your business license, impose fines or even cancel your cannabis business license for alleged violations. In the cannabis industry, even minor infractions and violations can eventually have devastating consequences for your cannabis business.

The Administrative Procedure Act (APA) gives you the right to appeal any of these fines or decisions, and our cannabis litigation attorneys have represented many clients in doing so. The appeal process is an arduous one that operates similarly to a civil lawsuit. Failing to comply with rigid timelines and intricate rules can mean compromising your appeal or losing your window to appeal altogether, but our cannabis litigation team has done this before and knows how to keep you on track.

Our team has guided clients through appeals and hearings on the following:

  • Business license revocations and denials, including successfully arguing that payments made by a licensee to a sales representative did not violate Washington’s rules requiring disclosure of all true parties of interest in a licensed marijuana business
  • Non-renewals of specialty licenses
  • Contested license applications
  • Fines, sanctions and penalties for violations, including securing multiple settlement agreements with reduced penalties

Regardless of whether your cannabis business is in California, Washington, or Oregon, our team of cannabis lawyers can help ensure your administrative pleadings meet the stringent criterion for submission to the relevant state agencies. Most importantly, we will work relentlessly to develop intelligent and well-researched arguments vital to making your appeal successful.

Full service planning for legal cannabis business

Our cannabis attorneys actively monitor local, domestic, and international legal and political developments affecting our clients’ businesses, reacting swiftly to keep them informed and in step with local and federal cannabis law.

our services

BUSINESS FORMATION

Entity selection, licensing, operating agreements, employment contracts, corporate shareholder agreements, and partnership agreements can create vastly different rights and responsibilities for new and growth-stage business owners. Harris Bricken attorneys will help you choose the legal strategy that best matches your long-term business objectives.

Our formation services include:

  • Entity selection and registration
  • Drafting of governance documents
  • Financing and capital contribution negotiations
  • Corporate governance and business operations
  • Commercial contracts and corporate transactions
  • Employment contracts
  • Licensing agreements
  • Intellectual property protection
  • Mergers and acquisitions

MERGERS & ACQUISITIONS

From business sales or purchases to shareholder approval or spin-off of company divisions, Harris Bricken attorneys give our clients a critical edge in negotiating and closing their most important deals.

Our M&A services include:

  • Purchase and sale agreements
  • Operating agreements
  • Bylaws
  • Shareholder agreements
  • Investment agreements
  • Contribution agreements
  • Ownership option contracts
  • Consultant agreements
  • Vesting equity agreements
  • Lending agreements
  • Security interest agreements
  • Collateralization agreements

LICENSING AND REGISTRATION

We’ve built a national reputation for making the cannabis licensing process as efficient and successful as possible.

Our licensing and registration services include:

  • Guidance regarding compliance with state regulations and the interplay between governing state agencies
  • Business plan development
  • Education regarding ongoing compliance with applicable regulations
  • Development of required manuals and handbooks to meet state regulations
  • Financial reviews to ensure compliance with state regulations
  • Compilation of license and registration applications
  • License application assistance for cultivators, manufacturers, and retailers

REGULATORY COMPLIANCE

Harris Bricken provides due diligence and careful vigilance regarding changes in state and local regulations to ensure our cannabis clients remain fully compliant with all state and federal law.

Our cannabis compliance services include:

  • State license application assistance
  • Drafting and managing of operational plans to be submitted to states and municipalities for operational licenses
  • Advice and assistance on local permitting and licensing processes
  • Legal compliance audits
  • Monitoring existing and changing state and local regulations for marijuana businesses

CORPORATE GOVERNANCE & FINANCING AGREEMENTS

Decision-makers owe duties of good faith, loyalty, and good care to their companies, and they must know what those duties entail. Harris Bricken attorneys provide business entities and their leadership with a thorough understanding of their rights and responsibilities so that they can prevent and quickly resolve their internal issues.

Our corporate governance services include:

  • Negotiating and drafting operating agreements and shareholder agreements
  • Drafting corporate bylaws
  • Creating plans to maintain meeting minutes and other corporate documents
  • Identifying and accounting for conflicts of interest
  • Mediating corporate disputes
  • Drafting initial financing and loan agreements

TRANSACTIONAL AGREEMENTS – CORPORATE/COMMERCIAL AGREEMENTS

A sound contract is invaluable for providing stability and predictability to businesses engaged in a rapidly-changing market. Our big picture perspective ensures that we understand the nuances and terms of each deal.

We negotiate and draft virtually all types of corporate and commercial agreements, including:

  • Shareholder Agreements
  • Employment Agreements
  • Non-Compete/Non-Disclosure Agreements
  • Commercial lease review and advisement
  • Company purchase and sale agreements

INTELLECTUAL PROPERTY

Cannabis businesses contend with a variety of complex legal issues as they seek to register, protect, and license their trademarks, copyrights, trade secrets, and other intellectual property. We are well-versed in the unique challenges cannabis companies face with their IP and we take swift action to identify and implement the specific protections they need.

Our IP services include:

  • Branding establishment and support
  • IP licensing
  • IP contract drafting and negotiation
  • State and federal trademark searches
  • Counseling on trademark law, trade secret, and other intellectual property matters
  • Trade secret agreements
  • Non-compete agreements
  • Non-disclosure agreements
  • Employee secrecy agreements
  • In-state screening and registration of trademarks
  • Policing and enforcing of registered trademarks
  • Domain name disputes
  • Copyrights
  • IP litigation
  • Trademark and other intellectual property counseling related to secondary merchandise such as clothing and glassware

CANNABIS LITIGATION

Harris Bricken has successfully represented cannabis businesses in legal disputes relating to contracts, corporate governance, intellectual property rights, licensing, administrative appeals, municipal disputes, and landlord/tenant issues. Having both defended and prosecuted a wide range of claims on behalf of marijuana businesses in multiple states, we know how to guide you through this complex process and to help you achieve the sustainable results your business needs.

  • Litigation against cities in defense of your cannabis business
  • Administrative hearings regarding the denial or revocation of business license
  • Administrative hearings regarding the denial or revocation of your state-issued cannabis license
  • Tax litigation against IRS and Departments of Revenue from state to state
  • Civil litigation regarding commercial leases and landlord disputes
  • Civil litigation of zoning compliance issues
  • Litigation of employee disputes
  • Litigation of contract disputes
  • Litigation of trademark disputes
  • IP litigation

To learn more about our cannabis litigation practice, please go here.

ADMINISTRATIVE APPEALS

Failure to comply with the strict timelines and detailed rules mandated by your state can mean compromising your appeal or losing your window to appeal altogether. We will work with you to build the timely, and well-researched arguments crucial to maintaining your successful appeal.

  • Business license revocations and denials
  • Specialty license revocation denials
  • Fines, sanctions and penalties for violations

REAL PROPERTY

Through effective lease, purchase and sale negotiation, Harris Bricken attorneys help build secure and sustainable relationships between landlords, tenants, buyers, and sellers across the country. Beyond lease and purchase and sale drafting and review, our attorneys regularly defend and prosecute a wide range of claims involving eviction, unpaid rent, purchase and sale default, and property damage.

Our real property services include:

  • Developing landlord marketing packages to describe cannabis business models for banks and other lenders
  • Drafting leaseholds to accommodate cannabis businesses
  • Reviewing and advising on commercial leases
  • Drafting real property purchase and sale agreements
  • Amendments to commercial leases
  • Land use
  • Water rights
  • Litigation and mediation
  • Due diligence for real property purchases and sales

AWARD-WINNING CANNA LAW BLOG

Understand your rights, responsibilities, and opportunities everywhere you operate.

Follow our Canna Law Blog for in-depth analysis and up-to-the-minute information on the laws and issues affecting the cannabis industry.

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