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Cannabis / Marijuana

The Zoghlin Group offers a range of cannabis/marijuana and hemp related services for municipalities and cultivators/farmers, processors, and vendors:

Municipalities:

  • Special Counsel – Marijuana Law and Policy
    • Counselling on municipal policy priorities and goals.
    • Researching and drafting white papers or other policy papers.

  • Drafting Marijuana Laws
    • Assistance in drafting local cannabis/marijuana legislation related to land use, zoning, environmental, and municipal law issues.
    • Advising municipalities on how to properly adopt local laws and amend zoning codes to address cannabis/marijuana and hemp related issues, including environmental reviews and procedural requirements for adoption of legally defensible laws and regulations.

  • Municipal Defense Counsel
    • Defending municipalities in Article 78 proceedings and/or declaratory judgment actions challenging, for example, the adoption of local laws, the denial of permits, the adequacy of environmental reviews, and/or zoning decisions related to cannabis/marijuana regulations.

Farmers/Cultivators, Processors, and Vendors — How To Comply With federal, state, and/or legal restrictions.

  • Due Diligence - Legal Viability of Cannabis/Marijuana Development:
    • Review of state and local laws and regulations to identify and advise on relevant restrictions on cultivation, processing, or sale in your project area.

  • Zoning and Land-Use Permit Applications:
    • Site plan and other local land use applications to municipal boards to obtain approvals for cannabis/marijuana farms or processing/cultivation facilities.
    • Appearance before local boards, including planning boards, zoning boards, town boards, and boards of appeal.
    • Negotiation of approval conditions.
    • Administrative appeals of initial denials of local approvals.
    • Court Actions: Prosecuting Article 78 petitions and/or hybrid declaratory judgment actions challenging denials of zoning approvals or permit/licenses applications.

  • Retail Permits and Licenses:
    • Preparation of Permit/License and other Applications to state and local agencies.
    • Administrative appeals of initial denials of permits, licenses, or other required approvals.
    • Court Actions: Prosecuting Article 78 petitions and/or hybrid declaratory judgment actions challenging denials of licenses, permits, or other approvals.

  • Government Investigations and Enforcement Actions:
    • Assistance in responding to government investigations, notices of violation, or other administrative enforcement actions (but not criminal investigations or prosecutions).
    • Response to subpoenas or other requests for information.
    • Defence counsel in administrative proceedings.

  • Civil Actions:
    • Defence against private lawsuits.
    • Negotiating with adverse parties to resolve and settle lawsuits.

  • Appeals:
    • Appealing adverse court decisions as needed to higher courts.

For more information about our cannabis/marijuana practice group, or for inquiries related to these practice areas, please contact Jacob H. Zoghlin or Mindy L. Zoghlin.

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