- What We Do
Since its founding in 1966, Garvey Schubert Barer has counseled clients across virtually all industry sectors. Our attorneys have significant experience in both complex legal and business matters. We value innovation and entrepreneurship, and closely monitor industry trends. It is with these values in mind that our firm established the Cannabis Industry Group.
This group is committed to helping our clients achieve their business goals in this rapidly changing area of law. Licensed marijuana and marijuana-related businesses in the States of Washington, Oregon and Alaska face extraordinary legal challenges. Not only are these businesses burdened with challenges inherent in any new industry, but also must deal with onerous state and local regulations, as well as uncertainty resulting from federal law. In no other industry is sound and experienced legal counsel more imperative. Garvey Schubert Barer, with over 100 attorneys possessing deep and diverse industry experience, is poised to grow with your business and this industry.
We offer a comprehensive legal platform that provides access to lawyers with extensive capabilities in a range of practices, such as regulatory compliance, marijuana licensing, business finance, contracts, labor and employment, healthcare, real estate, intellectual property, litigation and dispute resolution, technology and tax. To learn more about important legal developments and other matters of concern, please subscribe to our blog, Cannabis Business Blog.
The cannabis practice group provides marijuana and marijuana-related clients a full-range of legal services, including:
- Regulatory compliance
- Finance and Securities
- Corporate Governance
- Real Estate
- Asset Protection Planning
- Intellectual Property & Technology
- Federal/State and Local Tax
- Labor & Employment
- Litigation & Dispute Resolution
- Products Liability
Warning Regarding Federal Law
The possession, distribution, and manufacturing of marijuana is illegal under federal law, regardless of state law which may, in some jurisdictions, decriminalize such activity under certain circumstances. Federal penalties for violating the federal Controlled Substances Act (the “CSA”) are serious and, depending on the quantity of marijuana involved, can include criminal penalties of up to 20 years in prison and/or a fine of up to $2,000,000. 21 U.S.C. § 841. The penalties increase if the sale or possession with intent occurs within 1,000 feet of a school, university, playground, or public housing facility. 21 U.S.C. § 860. In addition, the federal government may seize, and seek the civil forfeiture of, the real or personal property used to facilitate the sale of marijuana as well as the money or other proceeds from the sale. 21 U.S.C. § 881. Although the U.S. Department of Justice has noted that an effective state regulatory system, and compliance with such a system, should be considered in the exercise of investigative and prosecutorial discretion, its authority to prosecute violations of the CSA is not diminished by the passage of state laws which may permit such activity, including Initiative 502 in the State of Washington.
Represented seller of real property with three tenants, including a cannabis grower, in a seller-financed transaction structured with an 18-month interim lease option converting into a secured term loan.
Represented multiple licensed marijuana producers, processors and retailers in private equity and debt financing transactions.
News & Events
- Garvey Schubert Barer Attorney Rochelle L. Haller Elected as Fellow of American College of Trust and Estate CounselGSB Newsroom, 4.10.17
- Hal Snow Discusses with Puget Sound Business Journal on the Surprises and Growth of the Marijuana IndustryPuget Sound Business Journal, 2.12.16
- KUOW, 10.30.15
- Northwest Real Estate Forum , 10.5.17
- Cannabis Business Blog, 9.27.17
- Cannabis Business Blog, 7.3.17
- Cannabis Business Blog, 6.1.17
- Cannabis Business Blog, 5.25.17
- Cannabis Business Blog, 5.23.17
- Cannabis Business Blog, 5.17.17
- Cannabis Business Blog, 5.11.17
- What Should the Medical Marijuana Industry Prepare For If the New Rider Is Not in the Next Appropriations Bill in September?Cannabis Business Blog, 5.2.17
- Cannabis Business Blog, 5.1.17
- Cannabis Business Blog, 2.24.17
- Cannabis Business Blog, 2.24.17
- Cannabis Business Blog, 10.28.16
- Cannabis Business Blog, 9.28.16
- "Key Considerations When Buying, Selling and Leasing Real Estate for Cannabis Use," Cannabis Investment Network - Portland Pitch EventSpeaking EngagementPortland, OR, 10.11.17
- Speaking EngagementSeattle, WA, 7.27.17
- "2017 National Association of Unemployment Insurance Appeals Professionals Annual Conference," National Association of Unemployment Insurance Appeals ProfessionalsPanel DiscussionSeattle, WA, 6.18.17-6.22.17
- Cannabis Business SeminarPortland, OR, 5.18.17
- Speaking EngagementSeattle, WA, April 6-7, 2017
- State Tax Notes, 2.27.17
- Marijuana Venture, 11.29.14
- Marijuana Venture, 11.21.14
- Of Counsel