I have more than 30 years of experience establishing, enhancing and protecting the rights of businesses and individuals throughout the State of Arizona, and especially in the Phoenix metropolitan area. I built my law practice on the commitment to provide my clients with personal service and attention. I will be the only attorney working directly with you at all times. I have a comprehensive knowledge and understanding of business transactions, and of the day-to-day legal needs of small businesses and individuals. I am also an experienced and successful trial lawyer.
Passage of the Arizona Medical Marijuana Act, A.R.S. §36-2801-§36-2819 (AMMA) has given me the perfect opportunity to combine my support for the cannabis community and its entrepreneurs with more than 30 years’ broad ranged experience in the private practice of law in Maricopa County, Arizona. I have carefully studied the laws, rules, regulations, restrictions and ordinances that affect cardholders and licensees and limit medical marijuana production and distribution in Arizona. Arizona’s statutes and administrative rules are unlike any other state. They are very restrictive.
I am proud to be the attorney for White Mountain Health Center, Inc. in its case against. County of Maricopa, Maricopa County Attorney William Montgomery, Arizona Department of Health Services, Will Humble and the State of Arizona. White Mountain Health Center, Inc. is challenging portions of the Arizona Medical Marijuana Act and the administrative rules and regulations adopted to implement the AMMA, by state, county, local government officials. AZDHS and Maricopa County. Arizona Attorney General Tom Horne and Maricopa County Attorney William “Bill” Montgomery claim that the AMMA cannot be enforced and is, essentially illegal, because it conflicts with the U.S. Constitution and the Federal Controlled Substances Act which allegedly preempt the Arizona Medical Marijuana Act.
“I have a personal interest in the success of the medical marijuana industry. My mother suffered from breast cancer and experienced terrible pain and suffering, as the disease ran its course. I believe that medical marijuana would have reduced her suffering.” Jeffrey S. Kaufman
I have also counseled clients and drafted corporate and limited liability company Articles of Organization and Operating Agreements, Bylaws, Minutes, buy-sell agreements and other forms of contracts for clients in the medical marijuana field including dispensary owners, caregivers and collectives in Phoenix, the East and West Valley, Prescott, Prescott Valley, Tucson, Mesa, Gilbert, Chandler, Globe, Apache Junction, Cottonwood, northern Arizona and throughout the State of Arizona. I have successfully litigated cases involving the rights of applicants in the Fountain Hills, Cordes Junction and Sun City CHAA’s (Community Health Assessment Area), in the Maricopa County Superior Court. The names of other clients are confidential cannot be revealed without their consent.
There are many opportunities for the existing and potential members, shareholders, interest holders, directors and others in the “non-profit/not for profit” LLC’s, corporations, partnerships and other forms of dispensary and medical marijuana businesses. If properly documented, full or partial ownership interests in medical marijuana dispensaries, certification centers and other cannabis-oriented businesses can be transferred –even to persons that are not in the medical marijuana business already, or used as collateral.
Investors, employers, employees, agents, medical directors, recommending medical, osteopathic, naturopathic or homeopathic physician, volunteers, licensees, patients, caregivers, certification centers, growers, workers, processors of medibles, tinctures and edibles, delivery services, real estate agents and brokers will face many obstacles. I have represented clients in each of these areas, specifically regarding medical marijuana, as well in their business and personal lives.
- Wisconsin, 1972
- Arizona, 1973
- U.S. District Court Western District of Wisconsin, 1972
- U.S. Court of Appeals 9th Circuit, 1980
- University of Wisconsin, Madison, Wisconsin
- J.D., Doctor of Jurisprudence – 1972
- University of Wisconsin, Madison, Wisconsin
- B.A., Bachelor of Arts – 1969
- Washington University, St. Louis, Missouri – 1967
- AV rated by Martindale-Hubbell Peer Review Rating-highest ranking available
MMJ Business Opportunities
The enactment of the Arizona Medical Marijuana Act (AMMA) and other laws, rules and regulations permitting the cultivation, dispensing and use of medical marijuana in Arizona has opened the door to many business opportunities. Arizona needs dispensary operators, employees, growers, Medical Directors and infusers (people who develop marijuana into edible forms, such as bakery products and drinks). Caregivers and patients will also have to comply with the AMMA and Arizona Department of Health Service’s (ADHS’) Rules.
If you are planning to enter the medical marijuana business, you will need to navigate a complex regulatory scheme, as well as to bear in mind the sticky issue of possible federal pre-emption of Arizona law. Attorney Jeffrey S. Kaufman has extensive experience as a business law practitioner, and he now actively assists clients involved on the business side of medical marijuana. Contact our Scottsdale medical marijuana business attorney online or call 480-994-8000 to schedule a consultation today.
For information about attorney Jeffrey S. Kaufman, and our law firm’s role in and status of the most important medical marijuana litigation in Arizona, White Mountain Health Center v. County of Maricopa or the issues of Arizona or federal marijuana laws, please see our resources page.
Rules Governing Medical Marijuana Dispensaries and Cultivation Sites
We offer a full range of advise and legal representation for the medical marijuana industry. If you already have or are considering applying for a dispensary license or a cultivation location, we can assist you with the entire process, from completing forms to representation at government hearings. Our experienced attorney will guide you through to the end.
There are strict regulations that those who wish to open dispensaries must follow. These stringent requirements include:
- Forming and acting as a not-for-profit business.
- City and County zoning restrictions that limit the possible locations of dispensaries
- Obtaining necessary permits
- Audited inventory controls that regulate where cannabis comes from and how it is sold
- Construction of improvements that comply with building codes, the AMMA and Arizona Department of Health Services Rules.
- Passing government inspections
- Full vetting of the applicants and their associates
- Verification of financial resources
Attorney Jeffrey Kaufman will assist you in preparing the appropriate paperwork and contracts with your staff or other principals and vendors. We will help your business to avoid violating the Arizona Medical Marijuana Act (AMMA) or county and local rules or zoning ordinances that can affect your eligibility to provide care to those who need it. He is a valuable “go to” source for advice and a representative or a liaison with law enforcement.
Rules for Medical Marijuana Caregivers
Designated medical marijuana “caregivers” are permitted to properly distribute cannabis to qualified patients (QPs) who live more than 25 miles from the nearest dispensary. They can grow and cultivate up to 12 marijuana plants for distribution to each one of up to 5 QPs. In order to qualify for a designated caregiver’s registry identification card, you must:
- Obtain a qualified patient registration card in your own name. (Strongly recommended, but not required.)
- Obtain written permission from up to 5 qualified patients to be their caregiver.
- Submit to a thorough background check.
- State that you have not been convicted of an “excluded felony” that would prevent you from serving as a caregiver.
- Pledge not to divert marijuana to anyone who is not allowed to possess it under the AMMA.
- Pay a $200.00 application fee for each patient for whom you will be a caregiver.
Our law firm will assist you in making sure that you have properly completed your application(s) or have questions about how to conduct transactions with your patients, other caregivers and dispensaries without violating Arizona state law. In addition, our experienced attorney is a former Deputy Maricopa County Attorney who will aggressively defend your rights if you are wrongfully arrested or subjected to criminal penalties for the legitimate possession or distribution of medical marijuana. If your medicine or other property is seized by the police, we can help you get it back.
Opportunities and Risks in the Medical Marijuana Business
While growers, dispensaries, caregivers, and patients get most of the attention, other types of business also require a careful and documented approach for entry and continued success in the medical marijuana marketplace. There are many opportunities for landlords, property managers, real estate professionals, transportation professionals, architects, security personnel, doctors and other providers of goods and services to the medical marijuana industry.
At our law firm, we advise our clients in not only the production, sale and distribution of marijuana, but also these ancillary industries. For example, property owners who rent to a dispensary must take care not to conflict with zoning ordinances. In addition, the tenants must be licensed to conduct their medical marijuana business. Violations will subject Landlords and Tenants to severe civil and criminal penalties.
Contact Our Maricopa County Medical Marijuana Attorney
To discuss your business plans or legal case with experienced Scottsdale lawyer Jeffrey S. Kaufman, contact our law firm online or call our office at 480-994-8000 to schedule an initial consultation. We are available to meet with you weekdays between 9:00 a.m. and 6:00 p.m. Evening and weekend appointments can usually be arranged upon request.
Maricopa County Small Business Lawyer
At the law office of Jeffrey S. Kaufman, Ltd., we have a proven track record of bringing more than 30 years of experience to businesses and their owners throughout the Phoenix metropolitan area. We emphasize the highest level of personal service. When you hire attorney Jeffrey Kaufman to provide counsel, you will work directly with him at all times. He will keep you fully-informed of all developments and your options, as well as the potential consequences of different choices, so that you can make educated decisions that are in your best interest.
Our Law Practice
We provide a broad range of services to small businesses and individuals, handling transactional matters, as well as litigation. We work with property owners and purchasers and sellers of businesses and real estate. We represent residential and commercial landlords and tenants, including many restaurants. We counsel clients seeking to raise capital by Private Offerings to Accredited Investors and prepare Private Offering Memorandum for them. We help you to address and resolve most types of issues, from setting up your limited liability companies (LLC’s) and corporations; to drafting and interpreting contracts among employers, employees, and partners; vendors and customers; to litigation.
We represent real estate professionals, including brokers and agents and their clients. We provide counsel in all typical commercial and residential situations, including collection efforts, evictions, and litigation to recover damages and to clear title to real property. If you are facing foreclosure, we will work directly with your lender to look for other solutions, including the re-financing or re-negotiation of the terms of your loan. We are extremely familiar with and frequently provide advice concerning Arizona’s anti-deficiency judgment statutes and how to avoid deficiency judgments, if it is possible to do so.
Jeffrey Kaufman is a former Deputy Maricopa County Attorney, who has prosecuted serious felony cases and appeared in the Maricopa County Superior Court on a near-daily basis, during that employment. He has also worked as a federal public defender, defending felony cases in the United States District Court for the District of Arizona. He has more than 30 years of trial experience in civil cases, representing businesses and ordinary people, in all walks of life, who have had legal controversies. He has represented clients in a considerable number of appeals. He will also help you resolve your disputes through alternative means, including negotiation, mediation or arbitration, if it is in your best interest.
If you are considering getting involved with Arizona’s new legal medical marijuana industry, you will certainly benefit from the assistance of a knowledgeable business lawyer, who has studied and litigated issues interpreting the Arizona Medical Marijuana Act, rules adopted by the Arizona Department of Health Services, municipal zoning and county ordinances and other related issues. Taking the right steps to protect your interests and to maximize the results of your efforts is crucial.
At Jeffrey S. Kaufman, Ltd., we offer comprehensive counsel to businesses, business owners and individuals throughout Arizona and especially throughout the greater Phoenix metropolitan area, on the various issues that exist with regard to the medical marijuana industry. Contact our Scottsdale medical marijuana attorney online today or call 480-994-8000 to schedule an initial consultation.
For information about attorney Jeffrey S. Kaufman, and our law firm’s role in the pivotal Maricopa County Superior Court medical marijuana case involving Maricopa County, the State of Arizona, Tom Horne, Will Humble, William “Bill” Montgomery, our client, White Mountain Health Center and our client Fountain Hills Health Center, please see our resources page.
Protecting Your Legal Rights Under Arizona’s Medical Marijuana Laws
Arizona, county and municipality marijuana laws and regulations are still in a state of flux. We are monitoring them on a daily basis. If you fail to comply with any legal requirement, you could lose a great deal of money and time, risk the loss of your business licenses, or even go to jail.
At the law office of Jeffrey S. Kaufman, Ltd., we provide advice and counsel to anyone considering getting involved (or who is already involved) in the medical marijuana industry. Our experience includes assisting clients with the following legal requirements:
- Prepare and file applications with the state, counties and cities.
- Obtain Special Use Permits and Conditional Use Permits whenever they are required.
- Prepare and file all the necessary documents to establish businesses and to operate them as not-for-profit corporations or limited liability companies when required by Arizona law.
- Prepare and review business and other types of contracts.
- Prepare and modify leases and real estate agreements.
- Attend administrative proceedings.
- Be your intermediary and advocate with law enforcement and governmental agencies and bodies.
- Protect our clients’ rights in litigation, whenever it is necessary or in their best interest.
- Set up practices and procedures that keep our clients in compliance with the laws, ordinances and regulations that govern Arizona medical marijuana.
- Provide preventative advice and advanced planning.
Criminal Defense for Legitimate Dispensary Operators, Caregivers and Patients and Others
While Arizona has amended its laws to allow for the limited use, sale and distribution of medical marijuana, the federal government still classifies cannabis as a Schedule I narcotic drug under the Controlled Substances Act of 1970. This means that despite the registration, oversight and fees paid by medical marijuana businesses and patients, they are still subject to prosecution, incarceration and fines under federal law.
Failure to strictly adhere to all laws and administrative rules that regulate Arizona medical marijuana can also result in criminal sanctions. In particular, failure to have and maintain the proper licenses and procedures for medical marijuana distribution and cultivation have serious consequences.
Click on our Resources tab to find more information concerning Medical Marijuana, its risks and your rights.
Contact Our Arizona Medical Marijuana Act Lawyer
To discuss your case with Arizona’s medical marijuana laws attorney Jeffrey S. Kaufman, contact our law firm online or call our office at 480-994-8000 to schedule an initial consultation. We are available to meet with you weekdays between 9:00 a.m. and 6:00 p.m. Evening and weekend appointments can usually be arranged upon request.