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Formerly Carnahan, Evans, Cantwell & Brown, P.C.

Cannabis/Marijuana

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Meet the Carnahan Evans Cannabis/Marijuana Law Group

Joseph D Chip Sheppard III
Chip Sheppard
Jay Preston
Jay Preston
Robyn A Horton
Robyn A. Horton

Safety Announcement | Only licensed dispensaries know what’s in their cannabis products. Do you?

Missourians need to know the difference between the safety of products purchased at licensed dispensaries and all other unregulated cannabis products. Now all that information is in one place – knowyourcannabis.org

Following the passage of Amendment 2 (medical use) in 2018 and Amendment 3 (adult use) in November 2022, Missouri has emerged as one of the top five cannabis (marijuana) markets in the country, despite being only mid-range in per capita usage. Constitutional Amendment 3 to Article V cements a low tax and reasonable regulatory environment into Missouri law that cannot be changed without a vote of the people. This stability is fertile ground for business and future interstate commerce of Missouri cannabis licensees and their products nationally and internationally.

This relatively new industry requires the retention of strategic advisors with knowledge and experience in a variety of practice areas. The added complexity of cannabis/marijuana remaining illegal at the federal level under the Controlled Substances Act makes this even more essential.

Carnahan Evans is not new to the cannabis industry. The head of the Marijuana Law Group, Chip Sheppard, played an integral role in bringing medical and adult use/recreational cannabis to Missouri as a Board Member of New Approach Missouri, the group behind the passage of Amendment 2 in 2018. Mr. Sheppard co-authored both Amendments 2 and 3 with several others , and continues to be integrally involved in the development of this new industry as a long time Board member of the Missouri Cannabis Trade Association a/k/a MoCannTrade, and member of its Governmental Affairs Committee, which is charged on behalf of its members with interfacing with both the executive and legislative branches of state government.

As a Springfield, Missouri based firm Carnahan Evans can offer cost effective guidance to anyone statewide directly or indirectly involved in the growth, manufacture/extraction, dispensing, testing and transportation of marijuana, as well those providing ancillary services. There are a number of unique aspects of this industry (disallowance of certain tax deductions under 26 U.S.C. §280E, banking challenges, and federal illegality to name a few) that make use of advice and/or documents applicable to a typical non-marijuana business relationship or transaction inadvisable.

It is essential that anyone interested in cannabis/marijuana business opportunities obtain legal guidance.

Our involvement in the drafting of Amendments 2 and 3 and the subsequent campaigns and ongoing regulatory evolution including the rollout of adult use marijuana/cannabis and the micro-licensing for those that are disadvantaged such as service-disabled veterans, gives us a deep understanding of the gauntlet that licensees must navigate to success. We stand ready to assist the micro-licensees as well as continue representation of comprehensive licensees.

At times our cannabis clients utilize almost every attorney in our firm based on the particular need. Chip Sheppard, Jay Preston, and David Olive all have significant experience in cannabis and other industries for all kinds of business transactional work including sales, acquisitions, licensing agreements, branding agreements, consulting agreements, management service agreements, non-competition and confidentiality agreements, change of ownership, change of location, variance, waiver and other regulatory work. In addition, David Olive and others in the firm provide significant complicated tax advice to licensees and their owners. The firm is also an estate planning powerhouse providing estate planning services to some of the wealthiest families in Missouri and probably do more estate planning for high net-worth individuals than any other firm in out-state Missouri (excluding Kansas City and St. Louis).

We would be honored and consider it a privilege to work with you in this industry.