5 Tips for Choosing the Right Florida Attorney for Your Cannabis Business

Oct 3, 2024

The cannabis industry will be watching Florida closely on Election Day this November as the state's voters decide on an adult-use cannabis initiative. If approved, Florida’s adult-use cannabis market is projected to reach $4.5 billion in sales by 2028, surpassing Michigan to become the second largest in the U.S., just behind California.

If you’re interested in participating in Florida’s promising cannabis industry, choosing the right legal and compliance team can significantly impact the success and sustainability of your business. Navigating the cannabis industry is not easy due to confusing laws and regulations, difficulty accessing financial services and other obstacles. With that in mind, here are five essential tips to help you find the perfect legal representation for your Florida cannabis operations.

1. Choose a Florida Lawyer with Cannabis Industry Knowledge and Experience

First, look for a lawyer who understands cannabis laws and regulations, especially those specific to the state of Florida. Otherwise, you’re going to be paying your legal team to get up to speed as they research the rules and regulations. Your Florida cannabis lawyer should have experience working with clients in cultivation, processing, retail, and other aspects of the industry, and it’s beneficial for them to also have an extensive network with cannabis industry stakeholders. A lawyer who is deeply familiar with the nuances of the cannabis industry—including how to apply for a license, negotiate business contracts, and operate a compliant business—can provide valuable guidance tailored to your specific needs. The right Florida lawyer for your cannabis business should have extensive knowledge of the following:

2. Choose a Florida Cannabis Attorney with Licensing Experience

Find a lawyer who has a proven track record of obtaining cannabis business licenses for clients, especially in states with competitive application processes. The legal team should oversee the entire application process: creating work plans, drafting narratives, assisting with your business plans, financials, and operating manuals, and providing legal and strategic advice related to all facets of the process. Your lawyer should also be able to address regulatory requirements and any permitting for your retail, cultivation, or manufacturing locations.

3. Choose A Florida Cannabis Lawyer with Corporate and Transactional Experience

When searching for a cannabis lawyer in Florida, it's important to choose one with experience in general corporate matters such as business formation, licensing transactions, and negotiating debt financing. A sophisticated Florida corporate lawyer will have represented clients in mergers, acquisitions, and other business transactions involving cannabis businesses. It's crucial to find a lawyer who can advise on raising capital in the cannabis industry as well, including structuring deals, negotiating terms, and addressing regulatory risks.

You should look for examples of the lawyer's involvement in significant cases or legal victories that demonstrate their track record of representing clients with transactional matters. Reading reviews and testimonials from previous clients can help you gauge their satisfaction with the lawyer's services.

4. Cannabis Regulatory Compliance Knowledge is Vital

An important aspect of running a successful cannabis business is ensuring your facility is compliant. Look for a professional who can provide audits of your physical facilities and your business practices to assess potential areas of vulnerability and provide corrective action plans to help your operation promote and maintain compliance. When looking for a cannabis law firm with this expertise, you need to find someone who can help you meet specific requirements, such as providing accurate and required information for your product packaging and labeling.

Navigating the complexities of cannabis advertising and marketing regulations is essential for business growth. Therefore, you should look for a compliance professional who can assist you in understanding cannabis marketing and advertising (including on social media and through SMS messaging) and review your branding, advertising and marketing collateral to identify compliance concerns and potential risks based on current regulations and guidance.

Additionally, it is important to satisfy regulatory requirements by developing standardized documents, including streamlined binder records systems, SOPs, operational guides, compliance checklists, labeling guides, and employee training manuals. While working with a compliance consultant might sound like a good idea initially, a law firm with a dedicated compliance team is professionally obligated to represent your best interests, offer a full spectrum of compliance support, and keep you up to date on the latest cannabis compliance laws and regulations. Critically, if ever faced with regulatory violations, communications and work product with a law firm will be covered by attorney-client privilege, while internal or third-party compliance companies' materials and communications could be subject to discovery.

5. Choose a Florida Cannabis Lawyer Who Can Help Mitigate Risk

Even after Florida’s adult-use initiative is approved in November, the sale and use of cannabis will remain illegal under federal law. It is important to be aware of potential missteps that could lead to legal issues and remain vigilant. That's why having a lawyer who is well-versed in federal and state cannabis law and policy is crucial for any cannabis-related business.

Did you know that Vicente LLP has a Florida office in Jacksonville? Sally Kent Peebles is a partner in Vicente LLP's Florida office, where she focuses her practice on corporate law, commercial real estate, and regulatory matters. She helps clients navigate the patchwork of state laws controlling marijuana, and continues to successfully handle numerous cannabis business license acquisitions for clients in Florida, Colorado, and Oregon.

Vicente LLP specializes in marijuana law and provides sophisticated and results-driven legal services for businesses and individuals. Our legal team is equipped to support you throughout your cannabis business journey, including forming your business, negotiating business partnerships, keeping your operations compliant and assisting with any litigation needs. If you are in need of a Florida cannabis lawyer, contact Vicente LLP today for a free consultation.