Cannabis Law

Expert Legal Knowledge of a Brand New Industry

The Harshman Law Firm is building Cannabis Law as its primary focus pursuant to Article XIV of the Missouri Constitution. It is an exciting time to be a founding member of a brand new cannabis industry in Missouri and we realize the importance of implementing the new law XIV the way Missouri voters intended. 

Our Cannabis Business services include:

  • Facility License Application

  • License Denial Appeals

  • Business Formation

  • Compliance & Consulting

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Business
Formation

Forming a corporate business to protect your personal assets is a must, what form of entity is right for you?  

C Corp?  S Corp?  Partnership?  LLC?  Non-profit?

Choosing the appropriate entity for your cannabis business requires industry insight. We are familiar with 280e and the advantages of utilizing multiple layers of business entities to maximize cost and expenses in a complex area. All business transactional services such as partnership agreements, bylaws, separation, contracts regarding: non-discloure, non-compete, employment, services, etc, financial agreements, etc. are prepared specific to the cannabis industry.

Let us counsel you on the best type of legal entity for your business.

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Facility License
Applications

Winning a cannabis facility license is no easy task.  Securing the financing, assembling a team, finding a location, and developing a business plan are all important first steps. Once your plan is set, you have to apply to the state for the business license.  

The license application process is complicated and having the right industry experts on your team will determine your success or failure.  

We assisted multiple clients with the facility license applications for cultivation, manufacturing and dispensary. This legal service included project management, business formation, obtaining resources, writing application question responses, document preparation, and online submission.

License Denial Appeals – We are currently handling a number of cultivation, manufacturing and dispensary appeals from the denial of a facility license with the Administrative Hearing Commission. 

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Compliance
& Consulting

Once you've started your business and received your license, it's imperative that you know and comply with all the laws, rules, regulations, and reporting requirements that govern your business.   

Missouri’s Medical Marijuana program is heavily regulated by the Department of Health and Senior Services. These regulations will continue to rapidly change necessitating cannabis licensees to stay informed. Failing to comply with DHSS Rules can be devastating to your cannabis business. Penalties for non-compliance may include a fine, suspension, or license revocation.

Get started on the right foot and protect your licenses by putting a comprehensive legal and regulatory compliance plan in place before you open your doors.

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Patient Rights

Ongoing education and guidance for Missouri Law Enforcement and the Judicial System is imperative to ensure Article XIV's purpose is carried out as intended by the voters of Missouri. The law allows Patients and Caregivers to legally possess marijuana within their limits as of the date such patient or caregiver license is approved, whether or not a Missouri dispensary is open for operation.

Medical Marijuana Patient Rights will touch almost every other area of law such as criminal, employment, parental rights, schools, estate planning, and more. Organizations and businesses will need to update their policies to integrate Missouri’s new law and we are here to protect patient rights during that process.