Cannabis Law Hall Estill’s Cannabis Law Group is a recognized leader at the forefront of the cannabis industry. With the legalization of recreational and medical marijuana in a growing number of states, as well as the legalization of hemp products at the federal level, we are providing business advice for those in the cannabis and hemp industries, including growers, processors, dispensaries, and transporters. Our cannabis and hemp attorneys assist clients on a range of issues, including state licensing, regulatory compliance, transactional agreements, IP, corporate structuring, real estate issues, and tax and banking issues.

Our cannabis and hemp attorneys represent owners, lenders, investors, producers, sellers, entrepreneurs, landlords, farmers, and various other related businesses in the industry. In all cases, the goal is to assist clients in complying with applicable laws while achieving their specific business objectives.

The legalization of cannabis in multiple states across the country and the legalization of CBD products derived from hemp now legal at the federal level, has created a burgeoning industry for those in the cannabis and hemp businesses. The attorneys in Hall Estill’s Cannabis law group have vast experience in the practices that affect cannabis and hemp production, extraction and retail sales on a daily basis, including:

Banking and Finance Business Acquisitions & Sales Business Litigation Corporate Services, including company formation Employment Intellectual Property Licensing Real Estate Regulatory Compliance Tax

Since 2015, we have assisted clients in states where cannabis is legal and where we have attorneys admitted to practice law, including Arkansas, Missouri, Oregon, Colorado, and Oklahoma. We

www.hallestill.com understand the nuances of this emerging and challenging commerce, especially as it relates to state law and how to navigate the ever-changing landscape of cannabis business and regulatory law.

Specific experience assisting clients in the Cannabis and Hemp fields include:

Advising clients in all industries with respect to cannabis in the workplace Advising food and agribusiness lenders and borrowers with respect to banking, finance and regulatory issues Advising growers, producers and manufacturers with respect to various corporate governance and regulatory matters Advising cooperatives with respect to rights and liabilities under a broad range of agreements with members and buyers Advising producers with respect to USDA compliance and recall issues Advising food and beverage clients, including receivers, with respect to liquor licensing issues Assisting restaurants in obtaining alcohol permits from the Alcoholic Beverage Control Division of the Arkansas Department of Finance, the Oklahoma ABLE Commission, and other regulatory agencies Advising with respect to applicable Federal BATF regulations Representation of investors in the cannabis business of all types from start-up to fully functioning production facilities Assisting owners and investors through the license application process Helping owners of cannabis facilities comply with local zoning laws Working with clients on applications for water rights Providing employment law advice for employers Providing tax advice for determining what is a proper deduction under IRS Section 280 (E) Assisting clients in providing the optimum business structure to maximize tax benefits Acquisition and leasing of real property Preparing all types of agreements from real property leases, equipment leases and employee agreements Representing agricultural lenders in analyzing risks and opportunities in transacting business with cannabis related businesses Advising clients with respect to protection of intellectual property and branding Advising owners or real property with respect to landlord/tenant issues Advising banks and credit unions regarding the federal regulations surrounding the cannabis and hemp businesses

www.hallestill.com Marijuana, exclusive of hemp, is recognized as a Schedule 1 drug. As such, it is illegal under federal law to possess and sell marijuana. The Professional Rules of Conduct preclude a lawyer from counseling a client to engage, or assist a client, in conduct that violates the law; however, a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, or meaning or application of the law. Under federal law, certain financial transactions connected to unlawful activity may be illegal. This includes transferring monetary instruments or funds with the intent to promote the carrying on of specified unlawful activity, including the manufacture, importation, sale or distribution of a controlled substance.

With respect to our Oklahoma clients, the Oklahoma Bar Association has adopted rules which will apply to legal work that necessarily arises in connection with the legalization of medical marijuana which permits lawyers to represent clients in the cannabis business as long as the client is in compliance with state law. Hall Estill will agree to provide medical marijuana services in pursuit of state licenses provided the medical marijuana business strictly complies with Oklahoma laws and regulations regarding the production and sale of medical marijuana.

In the News

www.hallestill.com Tax & Cannabis Attorney Jennifer Benda in Tax Notes - Existing Tax Rules May Already Serve Pot Tax Transition Tax and Cannabis Attorney Jennifer Benda - Tax and Legal Issues Facing Colorado’s Marijuana Industry Tax and Cannabis Attorney Jennifer Benda in Tax Notes - IRS Pot Participation Guides Leave Practitioners Hungry for More Marijuana Tax Attorney Jennifer Benda in Tax Notes - IRS Inventory Accounting Memo Geared to Cannabis Industry Denver Cannabis and Tax Attorney Jennifer Benda in Marijuana Business Daily Denver Cannabis and Tax Attorney Jennifer Benda on Yahoo Finance Denver Cannabis Tax Attorney Jennifer Benda in The Center Square Tax & Cannabis Attorney Jennifer Benda - Full House of Reps votes to begin to legalize Denver Tax & Cannabis Attorney Jennifer Benda in Colorado Politics IRS Issues FAQs for the Marijuana Industry Cannabis Attorney John Hickey -Washington-Based Cannabis Company Cries Foul Over Oklahoma’s Residency Laws Oklahoma Judge Enters Stay of Enforcement Regarding Residency and 1,000 Foot Spacing Requirements Cannabis Tax Attorney Jennifer Benda in Weed Week - Harborside Appeals for 280E Relief On April 16, 2020, Jennifer Benda was quoted in an article in the Denver Business Journal titled, “Deemed ‘Essential,’ Colorado Cannabis Companies Navigate Crisis Alone.” Denver Attorney E. Job Seese - A Primer on CBD’s Complex & Changing Landscape Hall Estill Welcomes Tax Attorney Jennifer Benda to Denver Office Legal experts evolving in an age of decriminalized marijuana - Attorney John Hickey interviewed Oklahoma State Question 788 and its Impact on Employers - What Now?

Awards & Recognition

5280 Magazine names Denver Tax & Cannabis Attorney Jennifer Benda Top Lawyer

Events & Presentations

Benda joins Federal Bar Tax Law Conference - Cannabis is Going National – Opportunities and Pitfalls Hall Estill to present at Denver Startup Week - Cannabis & Intellectual Property: Strange Genetics Jennifer Benda - Cannabis Business Planning: Preparing Your Business for an Infusion of Investment Capital Denver Attorney Jennifer Benda to Present at Rocky Mountain Region Business Law CLE Event Cannabis Tax Attorney Jennifer Benda webinar: Marijuana Tax Issues & Reporting

www.hallestill.com Requirements John Hickey speaking at 2019 Cannabis Expo in Tulsa

Newsletters

Wave of Class Actions Against Cannabis and CBD Companies Under the Federal Telephone Consumer Protection Act (TCPA) USDA Releases Interim Hemp Regulations Employment Alert! Unity Bill Provides Guidance for Employers of Individuals with Medical Marijuana Licenses Employment Alert! Update for Oklahoma Employers on Medical Marijuana Law

Publications

Denver Attorney E. Job Seese - A Primer on CBD’s Complex & Changing Landscape Jennifer Benda Q&A with Denver Business Journal: Cannabis Compliance Tax Savings Strategies for the Marijuana Industry by David Potts Tax Savings Strategies for the Marijuana Industry by David Potts Jennifer Benda Interviewed by Bloomberg Regarding Marijuana Tax Issues Jennifer Benda Interviewed by Green Rush Daily - Shares Insight about Marijuana Businesses and Taxes Jennifer Benda Interviewed by The Philadelphia Inquirer Regarding Taxes and Marijuna Businesses

Published Articles

Tax and Cannabis Attorney Jennifer Benda for Law Week Colorado Tax & Cannabis Attorney Jennifer Benda in Daily Journal - Settle or fight? The Challenges of Section 280E and Cannabis Cannabis Tax Attorney Jennifer Benda for Law360 -10th Circ. IRS Summons Ruling Shows Cannabis Biz Dilemma Cannabis Tax Attorney Jennifer Benda Law360 - Some Progress In Battle For Cannabis Biz Tax Deductions Jennifer Benda Q&A with Denver Business Journal: Cannabis Compliance Tax Savings Strategies for the Marijuana Industry by David Potts Jennifer Benda Interviewed by Bloomberg Regarding Marijuana Tax Issues Jennifer Benda Interviewed by Green Rush Daily - Shares Insight about Marijuana Businesses and Taxes Jennifer Benda Interviewed by The Philadelphia Inquirer Regarding Taxes and Marijuna Businesses

www.hallestill.com Gavel to Gavel

Tax Savings Strategies for the Marijuana Industry by David Potts

www.hallestill.com