Cannabis Program

Cannabis Panel Program (City of LA)

SmartLaw is proud to serve underrepresented communities in need with limited referrals in the area of cannabis business representation.

Attorneys interested in participating on this panel who are LACBA Cannabis Section members will receive an annual SmartLaw dues waiver, applicable only to the Cannabis Panel Program.

MEMBERSHIP REQUIREMENTS
In addition to current Errors and Omissions insurance, State Bar of California membership, and agreement with the SmartLaw rules of operation, candidates must meet the following experience requirements:

The attorney must complete at least three (3) cannabis-specific MCLE hours within one year of being admitted to the panel. Additionally, the attorney must have performed legal work and prepared or supervised the preparation of all papers in connection with at least four (4) of the following categories:


(1) Incorporation of at least one domestic corporation including issuance of corporate shares, preparation of the articles of incorporation, bylaws and related documents;
(2) Formation of at least one limited liability company, or limited or general partnership;
(3) Drafting and/or negotiation of at least one operating agreement concerning an entity’s ownership, allocation of profits, management control and voting rights;
(4) Dissolution of one domestic corporation;
(5) Drafting and/or negotiation of at least one agreement concerning the sale of assets of a business or the stock of a corporation;
(6) Drafting and/or negotiation of at least one stock redemption or buy-sell agreement;
(7) Drafting and/or negotiation of at least two (2) commercial leases; or
(8) At least one litigation or mediation of a landlord-tenant dispute.
(9) At least one litigation matter or mediation of a contractual business dispute, such as a partnership dispute;
(10) At least one litigation matter or mediation of a business tort, such as breach of fiduciary duty or fraud;
(11) At least one litigation matter or mediation of a employment related dispute;
(12) Experience advising cannabis businesses on tax matters;
(13) Drafting and/or negotiating IP agreements for cannabis clients;
(14) At least one litigation matter or mediation of an IP dispute involving cannabis-related marks;
(15) Drafting and/or negotiating privacy and/or data security policies for cannabis clients;
(16) At least one litigation matter or mediation of an IP dispute involving data security and/or privacy matters for cannabis clients;
(17) Drafting and/or negotiation of employment policies and procedures for cannabis clients; or
(18) Experience with or knowledge of Social Equity requirements contained in Los Angeles Municipal Code Section 104.20.

Participating attorneys will also provide written responses to the following inquiries:
(1) Please describe your experience, if any, advising businesses and individuals on commercial cannabis activity.
(2) Please describe your experience advising social equity clients, clients from marginalized communities and/or socially conscious companies.

SCOPE OF SERVICES
The scope of services provided under this panel are as follows:
(1) Corporate law, including entity formation, bylaws, operating agreements, purchase agreements, and other corporate documents;
(2) Compliance with the City of Los Angeles’ cannabis regulations, license application processes, State regulations, or other laws related to the operation of a licensed commercial cannabis business in the City of Los Angeles, including but not limited to compliance with Social Equity Program provisions in LAMC Section 104.20;
(3) Commercial leases and/or landlord-tenant disputes;
(4) Partnership, business or contract disputes;
(5) IP rights, trademarks, data security and/or privacy matters;
(6) Employment policies, contracts or disputes;
(7) Tax advice;
(8) Maximum commitment of forty (40) hours per client.

Note, attorneys’ fees collected in relation to referred matters outside of the scope of these services will be subject to percentage fees under the SmartLaw Rules of Operation.

To Apply for the Cannabis Panel Program:
(1) Submit a SmartLaw Member application here, unless you've already completed this step. 
(2) Email your Cannabis Program application (including qualifications and responses) to LRS@lacba.org.

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