Practice Area

Cannabis

Navigating New York’s Cannabis Regulatory Landscape with Confidence.

As New York’s cannabis industry continues to evolve, navigating its complex legal landscape requires skilled counsel. Our Cannabis Law attorneys are dedicated to staying at the forefront of changing state and local regulations, offering insightful guidance and representation to municipalities and businesses within the cannabis sector. With a comprehensive understanding of the unique challenges at play, we provide customized solutions to support clients in this dynamic and rapidly growing field.

Our approach is multidisciplinary, leveraging experience across a broad range of legal disciplines such as corporate, tax, labor & employment, real estate, health care, and more to deliver well-rounded and effective solutions. Whether you’re a municipality establishing guidelines, an individual exploring business opportunities, or an established cannabis enterprise, we offer the strategic counsel and representation you need to ensure compliance and success in this growing market.

At Underberg & Kessler, we understand that succeeding in the cannabis industry requires more than just legal compliance—it requires a partner who understands the local landscape and can navigate its complexities with precision. Whether you’re entering the market, growing your business, or shaping municipal regulations, we offer the legal experience and strategic insight to succeed in New York’s cannabis space. Let us guide you through each challenge and opportunity, ensuring your goals are met with confidence.

For more information about Cannabis, contact Jacob H. Zoghlin

Chair of Practice Group

Relevant Experience

Services for Municipalities:

Our team works closely with local governments to help them navigate the complexities of cannabis law, ensuring compliance while aligning with municipal goals. Key services include:

Special Counsel – Marijuana Law and Policy

Advising municipalities on policy priorities and goals related to cannabis regulation.
Conducting in-depth research and drafting white papers or policy briefs to inform municipal decision-making.

Drafting Cannabis Laws and Regulations

Assisting in the creation of local cannabis legislation, addressing land use, zoning, environmental, and other municipal law issues.
Advising municipalities on adopting and amending local laws, zoning codes, and meeting procedural requirements for legally sound regulations, including environmental reviews.

Municipal Defense Counsel

Defending municipalities in Article 78 proceedings and declaratory judgment actions, such as challenges to the adoption of local laws, denial of permits, and zoning decisions related to cannabis.

Services for Businesses, Farmers/Cultivators, Processors, and Vendors:

We assist cannabis businesses across all stages of development, from initial planning to navigating complex regulatory and legal hurdles. Our services include:

Due Diligence – Legal Viability of Cannabis/Marijuana Development

Providing comprehensive reviews of New York State and local cannabis laws to evaluate the feasibility of cultivation, processing, and retail operations.
Identifying specific local restrictions that may impact cannabis operations in designated project areas.

Cannabis Licensing and Compliance

Guiding clients through the application process for state and local cannabis licenses and permits.
Representing clients in administrative appeals and court actions challenging permit or license denials.

Land Use and Zoning for Cannabis Operations

Assisting with site plans and land use applications for cannabis farms, processing facilities, and retail operations.
Representing clients before municipal boards and negotiating approval conditions to facilitate cannabis business operations.
Filing Article 78 petitions and lawsuits to challenge zoning and permit denials.

Government Investigations and Enforcement Actions

Providing counsel in response to cannabis-related investigations, violations, and administrative enforcement actions.
Offering defense representation in non-criminal administrative proceedings for local cannabis businesses.
Responding to subpoenas and information requests from local authorities.

Civil Litigation and Appeals

Defending clients against private lawsuits and assisting with negotiations for favorable settlements.
Representing clients in appeals of adverse court decisions within the local judicial system.

Disclaimer: Possessing, using, distributing, or selling marijuana or marijuana-based products is illegal under federal law, even where a state law decriminalizes or legalizes such activities. Compliance with state law does not assure compliance with federal law. Any information on our website or in other written materials is not intended to provide any assistance in violating federal law.