Colorado and Washington have robust recreational cannabis industries involving the retail sale and mass production of cannabis. These new legal industries are subject to intense state regulations. Several states, like Oregon, have begun to establish more tightly regulated medical cannabis systems for production and distribution. As these recreational and medical industries expand, the potential for conflicts and disputes drastically increases. The good news is that now these disputes will be resolved through legal processes, rather than black market violence.
Litigation will become an option for those involved in cannabis industries disputes. However, the cost involved with litigation will require many to look at alternative forms of dispute resolution. One popular and effective means to resolve conflicts is through neutral, third-party mediators. It is essential for two parties to have someone who does not have a stake in the outcome help guide the parties towards resolution.
Additionally, if disputes do end up in litigation, generally the courts require the parties to engage in Alternate Dispute Resolutions. Mediation is an effective way to resolve litigation, before the matter heads to trial. Trials can be the most costly part of the litigation process. Resolving the case prior to parties expending significant resources in trial is generally a benefit for everyone involved. However, actually resolving the case once the parties have dug in requires a skilled, experienced and knowledgeable mediator.
As the cannabis market continues to become main stream, the corporatization of the industry will occur rapidly. To compete, smaller non-profits, LLC’s and closely held corporations will seek to restructure, merge, consolidate and make other changes to their companies that effect ownership. When already established businesses look to make moves, they and their counsel will often greatly benefit from engaging a mediator to work out details and help the parties achieve a mutual agreement. The mediator needs to be knowledgeable of the industry that the parties are involved and how the law impacts those industries. The mediator also needs to be able to suggest creative solutions to help parties achieve their desired results.
Our firm’s attorney, Michael R. Hughes, is a cannabis law and production expert. Our firm is well versed in the entire cannabis industry and the laws affecting the industry. Practicing since 1999, we have the experience and litigating knowledge in mediation and arbitration matters to get you the best results possible. Our firm understands the rigors and pitfalls of litigation, possessing the type of insight, knowledge and creativity that a mediator needs to assist parties in resolving their disputes or negotiations. As a cannabis experts with firsthand knowledge and experience, we can provide the cannabis legal counsel that you need.