Navigating the Legal Haze: Insights and Warnings for Cannabis Lawyers on Corporate, Retail, Commercial Leasing, and Ethical Issues
Matt Maurer and Russell Bennett, two Toronto cannabis lawyers candidly converse about the potential perils of practising cannabis law.
Curious about the latest developments in cannabis law?
Matt and Russell will talk about what it’s like to be a cannabis lawyer, explain what the law is and is not, describe who the clients are and what they need, and point out where the pitfalls are.
Topics of Discussion
Corporate • purchase of a cannabis production and/or processing company • in addition to regular issues of a share purchase, must consider issues of security clearances, notification requirements, licence-holder, QAP • compliance - knowing what your client is doing - eg. CannTrust
Retail • licensing • zoning prohibitions • security clearances - what to do if you have a criminal record? • online distribution
Commercial leasing • Is the landlord unwittingly allowing someone to start an illegal cannabis production facility because they do not know what is permitted • what is a designated grower under Part 14 of the Cannabis Regulations and how does it differ from a production licence?
Medical cannabis growing under Part 14 • zoning issues • distribution
Ethical issues (throughout each topic) • Competence – if a lawyer is not competent in an area of law, what are his/her obligations? • Dishonesty, Fraud - A lawyer shall not knowingly assist in or encourage any dishonesty, fraud, crime, or illegal conduct.
Cannabis law still has many “grey areas”, but are they “illegal?” • Threatening Penal or Regulatory Proceedings – Can a lawyer advise a client to complain to a regulatory authority like Health Canada or CRA?
Toronto Lawyers Association
For more than 135 years, the Toronto Lawyers' Association, located within the Courthouse Library, has represented the interests of lawyers practising in the City of Toronto. The association was founded to support its members in three key areas: Knowledge, Advocacy, and Community. To uphold these pillars, the association offers a year-round mix of online and in-person education programs for lawyers, hosts both free and paid events to foster in-person networking, and submits advocacy pieces on behalf of its members to the Ontario bench and bar, all levels of government, and the broader public.
Russell Bennett, B.Sc., LL.B. is an expert cannabis lawyer
Russell Bennett, B.Sc., LL.B., became a lawyer in 1997, prior to establishing a career in film, theatre and documentary production. In 1998, Bennett produced and directed the documentary STONED: Hemp Nation on Trial, which followed the test case and trial of Christopher Clay, owner of Hemp Nation, Canada’s first hemp store. STONED premiered on CBC and was nominated for Best Political Documentary at Hot Docs International Documentary Film Festival. In 2004, Bennett created the award-winning multi-character solo play, The Reefer Man, which told the story of a lawyer who moonlights as an underground cannabis grower. Bennett toured the “criminal comedy” to Fringe Festivals and professional theatres across Canada. In 2013, Bennett returned to practice insolvency law and fraud recovery law. In 2018, Bennett created his own full-service law firm, Cannabis Law, Barristers & Solicitors, to give entrepreneurs and small businesses the tools to protect themselves and thrive in the cannabis industry. Services include federal and retail licensing applications, defence of regulatory offences, employee issues, intellectual property, land use planning, asset protection and partner/shareholder issues. Cannabis Law also challenges questionable cannabis laws under the Constitution of Canada. In 2020, Bennett launched Cannabis Law in Canada, a long-format interview podcast featuring in-depth discussions with cannabis industry and legal experts that uncover the realities of the new laws, their impact on business and offering suggestions for change. Episode 1 features co-author Professor Emeritus Alan Young. Bennett also posts on matters relating to cannabis and the law regularly on his blog at cannabislaw.ca.
Co-Chair Cannabis Law Group, Chair Franchise Law Group, Partner and Litigator at Torkin Manes LLP
Matt Maurer is a prominent lawyer and Co-Chair of Torkin Manes LLP's Cannabis Law Group. With over a decade of experience in trial and appellate law, he has become a well-respected expert in the cannabis industry. Matt provides regulatory advice to various stakeholders in the cannabis sector, including licensed producers, entrepreneurs, and foreign businesses looking to enter the Canadian market. He is sought out for his knowledge and expertise under the Cannabis Act and its predecessor legislation, and is frequently asked to develop promotional strategies and advise on complex promotional provisions. Matt also helps clients obtain retail sales licenses across various Canadian provinces. In addition to his cannabis practice, Matt has a successful litigation practice, representing clients in a wide range of commercial disputes. He is a regular contributor to print and online media publications and is often invited to speak at industry conferences across North America.
