As the Nevada cannabis industry continues to expand into sales figures and regions of the state once thought to be impossible, the number of attorneys who specialize in the still nascent yet multi-faceted field of cannabis law equally continues to expand. From drafting lucrative and/or consequential contracts to assistance in being compliant with the nearly never ending list of Nevada cannabis regulations, the duties of cannabis-focused attorneys can be even more extensive than more traditional business attorneys given the still existent federal prohibition of cannabis among many other issues.
Luckily for Nevada cannabis businesses, there’s a number of incredibly established attorneys who not only have ample legal experience but are also licensed to practice in other states that also have recreationally legal cannabis marketplaces. One such accomplished attorney specializing in this new yet crucial field of business law across two states with thriving legal cannabis industries is Amanda Connor Esq. of Connor & Connor PLLC.
For Connor, the interest in law and policy occurred naturally and from a personal level long before her undergraduate studies.
“I have always had a strong interest in advocacy and helping others,” Connor recollected, “which is what drew me both to education and to law. While at Pepperdine I studied liberal arts which gave me knowledge into a variety of subjects and helped prepare me as a critical thinker. While earning my two Master’s degrees, (both at University of California San Diego and at New Mexico State University), I learned about regulatory systems, governmental programs, and administration which later proved invaluable in my practice. Being a critical thinker and having an understanding of administrative and regulatory systems helped build a solid foundation for my future as an attorney.”
While attending her home state’s law school at University of New Mexico School of Law, Connor was an incredibly involved student on several fronts. Connor studied areas of constitutional law and received the prestigious CALI Excellence for The Future Award for having the highest grade in her constitutional law class. Connor also wrote for the New Mexico Law Review, an experience she described as “incredibly rewarding.”
“It allowed me to further hone my legal research and writing skills. Furthermore, my experience with Law Review and mock trial exposed me to the importance of advocacy – a skill I utilize often when advocating for policies or regulation changes, especially in an area of law as dynamic as cannabis. My law school experience, in conjunction with the skills I learned as a dual language kindergarten teacher, equipped me to distill complex legal topics into clear, concise arguments.”
However when Connor graduated law school, the cannabis industry was virtually non-existent beyond a handful of unconnected states with medical cannabis programs that ranged greatly in strictness. If a lawyer did specialize in cannabis law back then, it was usually only regarding criminal defense for cannabis possession cases. Multi-million dollar acquisitions and contracts were still several years away and business law firms dedicated entirely to licensed cannabis businesses seemed far-fetched at best and unsuccessful at worst. Therefore, Connor’s first roles as a lawyer were at a litigation firm that focused primarily on appellate law and a business law firm within their foreclosure defense practice area.
“Law school is largely theoretical.” Connor explained. “It teaches legal thinking, legal writing, and a lot of other important skills, but it doesn’t actually teach you about the day-to-day procedures of being a practicing attorney. Law school clerkships and the first few years of being a practicing attorney provide a steep learning curve to what it actually takes to practice law. I was fortunate to work for some very accomplished, well-respected attorneys right out of law school who were influential in teaching me how to decipher and comprehend complex laws and regulations and build strong legal arguments.”
Connor received arguably her most valuable lessons in being a successful lawyer not from her fellow attorneys, but from the smallest and most cherished members of her family.
“Additionally, being the mother of two young children during my first few years of working as an attorney taught me some excellent time management and multi-tasking skills.”
Surprisingly, the defining moments that led to the creation of Connor & Connor PLLC in 2012 wasn’t so much based around the passing of Question 2 or similar legislation, but rather from her husband Derek’s frustration with the overwhelming monotony and intense disinterest in working at an insurance defense firm.
“I loath to admit that exploring the cannabis industry was his idea, and I initially thought he was crazy.” Connor explained, “However, having a brand-new firm, without much of an established reputation, turned out to be an advantage in entering the cannabis field. We weren’t afraid to take a risk, whereas a lot of the more traditional firms were hesitant to associate themselves with a potentially controversial practice area. We were also willing to make the sacrifices involved with starting in a brand-new practice area.
Because the law firm was founded at an advantageous time when Colorado and Washington had only just legalized recreational cannabis, Amanda and Derek had ample amounts of opportunities to learn about this slowly growing but already lucrative industry.
“We spent dozens and dozens of unpaid hours learning the industry, going to industry events, reading the proposed bills, even traveling to other states to learn about the existing industries – all of which gave us a unique standing in the legal cannabis industry.”
Their in-depth learning and networking within the industry is certainly evident in the services offered to cannabis businesses by the law firm. Connor & Connor assists in every legal step of the business formation process from establishing the right legal structure to stay compliant with local, state and federal laws. The firm also assists in the regular and vital part of a successful cannabis business, which is contract drafting with everyone from small house brands to massive supply chain agreements.
Another crucial service that Connor & Connor offers is representation in the various types of business litigation that can arise from several different parties, whether that be involving fellow business partners or employment related matters or even regulatory agencies. Arguably the most important of all services offered, Connor & Connor assists in ensuring their clients are compliant with the ever changing and oftentimes convoluted regulations of the Nevada cannabis industry.
“Overall, these services are essential to help navigate the legal challenges and complexities unique to the cannabis industry. They help businesses minimize risks, ensure smooth operations, be successful and maintain legal standing in a constantly evolving market.”
Another considerable reason that Amanda and Derek were smartly strategic in their operations is the fact that they are both licensed in New Mexico, the state which has sold over $1.5 billion in total cannabis sales since April 2022 and likely in need of quality business attorneys. Interestingly, according to Amanda, the New Mexico market has several specific advantages when compared to the heavily tourism and luxury-focused Nevada industry.
“New Mexico’s market is newer, with a stronger emphasis on social equity and community involvement. The state has lower taxes and more opportunities for small and minority-owned businesses, making it a more inclusive and growing market with a focus on affordability. Additionally, New Mexico’s cannabis laws prioritize local, small-scale players, while Nevada’s market is more driven by larger, tourism-focused operations.”
While the DEA hearing regarding the federal rescheduling of cannabis from Schedule I to Schedule III have been inconveniently and indefinitely postponed, it doesn’t mean that rescheduling is now completely impossible. Eventually, the billions in tax revenue and millions of created jobs generated from the legal cannabis industry will simply become too much for even the most prohibitionist representatives to ignore. And given President Trump’s frequently stated campaign platforms of bringing jobs and product manufacturing back to America, the likelihood of a federal rescheduling wouldn’t be zero percent by any means.
If a federal rescheduling is eventually fully enacted, Connor & Connor’s scope of expertise and duties would certainly expand given the many far-reaching ramifications and changes to many different subsequent federal policies.
“In short, if cannabis were to be rescheduled it would likely open the door for more traditional banking and financing options, and it could ease some of the tax burdens cannabis companies face. However, it would not “solve” all the problems the cannabis businesses face. If rescheduling were to occur, my duties as an attorney would mean advising clients on new opportunities and requirements due to the rescheduling. Additionally, I would need to navigate the changes in compliance, licensing, and regulations at the federal, state and local levels.”
Josh Kasoff can be reached at [email protected].
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