Amanda Connor, Co-Founding Partner of Connor & Connor PLLC – Interview Series

Despite the Nevada cannabis industry being over eight years old now, cannabis operators within the State still very much require legal representation for a variety issues from time to time. One such attorney who offers extensive and multi-faceted legal representation for cannabis businesses is Amanda Connor, Co-Founding Partner at Connor & Connor PLLC.

What first interested you in working in law, and what relevant subjects did you study during your undergraduate and Master’s programs that proved to be greatly important to your success as an attorney?  

I have always had a strong interest in advocacy and helping others, 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. 

What fields of law did you specialize in and/or study frequently while attending the University of New Mexico, and how would you say those subjects would prepare you to eventually become a cannabis attorney? Also, how would you describe the experience of getting to write for the New Mexico Law Review?  

While at University of New Mexico School of Law I frequently studied areas of constitutional law and in fact I was granted the CALI award for having the highest grade in my constitutional law class. Writing for the New Mexico Law Review was an incredibly rewarding experience. 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. 

Since cannabis law wasn’t much of a legal specialty beyond criminal defense for cannabis possession cases when you graduated from law school, what fields of law did you first work in?  

I first worked at a litigation firm focusing largely on appellate law. I also worked for a business law firm managing their foreclosure defense practice area. Both of these areas taught me attention to detail and outside the box thinking, which has been hugely influential in my cannabis law practice.

What duties and skills of being a lawyer did you strengthen during your first few years out of law school, and how were those skills transferable into cannabis law?

Law school is largely theoretical. 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. 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.

What defining moments led to the creation of the Connor & Connor law firm, and what gaps did the law firm fill when it came to finding a quality attorney who specializes in cannabis law?

Connor & Connor PLLC was founded when my husband came home from his job at an  insurance defense firm after a particularly frustrating day and decided he couldn’t see himself dealing with the monotony and lack of creativity at that particular job any longer. We decided to take a huge leap and open our own law firm. I loath to admit that exploring the cannabis industry was his idea, and I initially thought he was crazy. 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. 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. We were one of the first and initially one of the few firms that was willing to tie our name to the cannabis industry.

What legal services does Connor & Connor offer to its clients, and why are those services essential to a successful cannabis business?  

At Connor & Connor PLLC our practice areas include business formation, contract  drafting, business litigation, and licensing & regulatory compliance. These services offered are crucial to the success of a cannabis business because the cannabis industry operates in a highly regulated environment. Here’s how each of those services play a key role: 

Business Formation: Establishing the right legal structure (LLC, corporation,  partnership, etc.) is essential for liability protection, tax efficiency, and regulatory compliance. A solid foundation helps the business stay compliant with local, state and  federal laws, which can change frequently in the cannabis space.

Contract Drafting: The cannabis industry involves numerous transactions, from supply chain agreements to partnerships and vendor contracts. Having a well-drafted contract ensures that your rights are protected, reduces the potential for disputes, and ensures compliance with specific cannabis regulations. 

Business Litigation: In such a regulated industry, disputes can arise with partners, employees, or regulatory agencies. Litigation services help resolve conflicts in a way that minimizes business disruption and protects your interests, especially when it comes to compliance issues or financial disputes. 

Licensing and Regulatory Compliance: Cannabis businesses are subject to an array of  local, state, and sometimes federal regulations. Ensuring that your business remains compliant with these laws is critical to avoid fines, penalties, or even losing your license to operate. Legal guidance ensures that the business stays on track and avoids costly mistakes. 

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.

What are some of the most common issues that your clients in the Nevada cannabis industry face, and why do you believe those issues are so commonplace? 

Some of the most common issues our cannabis client face include: 

Licensing and Compliance challenges: Nevada’s cannabis establishments are highly regulated by the Cannabis Compliance Board and local jurisdictions, each with strict rules regarding licensing, cultivation, production, consumption, distribution, and sales. Understanding and complying with these requirements can be difficult as the rules evolve and can vary depending on jurisdiction within the state. 

Banking: Due to federal banking regulations, some cannabis businesses in Nevada are unable to access traditional banking services. Due to the complexities involved with banking, cannabis businesses can face a host of issues, including security concerns, cash flow problems, and difficulties in managing payroll and taxes. 

Tax Issues: The cannabis industry is subject to federal tax laws like IRS Section 280E, which disallows businesses from deducting typical business expenses. This makes taxes especially complicated for cannabis businesses, often resulting in significantly higher tax liabilities when comparing to other industries. 

Real Estate and Zoning Issues: Nevada’s cities and counties have strict zoning laws that determine where cannabis businesses can be located. Finding and leasing or purchasing real estate that complies with local zoning laws can be difficult. Obtaining necessary approvals for locations can also prove to be difficult.  

Advertisement and Branding Concerns: Cannabis companies in Nevada face several  difficulties when it comes to branding and advertising due to both the legal restrictions  and the social stigma that surrounds the industry. Nevada has specific laws governing how cannabis businesses can market their products. They must be extremely careful as  advertising cannot appeal to minors and must include specific verbiage. Social media  platforms like Facebook, Instagram, and Google have strict policies against promoting  cannabis products sales as well, even in states where the industry is legal. These  restrictions force cannabis companies to get creative with how they build their online  presence. With Nevada being a major tourist destination, cannabis businesses must find  effective ways to market to tourist, which can be a daunting task. 

Nevada’s cannabis industry faces common issues due to its complex legal status. The  ambiguity at state and federal levels requires businesses to continuously adapt to  changing laws, financial hurdles, and operational challenges. 

I noticed that you’re licensed to practice law in New Mexico. Since New Mexico is one of the newer recreational markets, what would you say are the main differences between the New Mexico market and the Nevada market? Does one market have more advantages for success over another? 

In my opinion, Nevada and New Mexico have developed cannabis programs that are  unique to each state and serve the purposes and goals of that state. Nevada has a well established market, heavily influenced by tourism, with high taxes and a competitive environment. It focuses on luxury cannabis experiences and has a more developed consumer base. In contrast, 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.

If a federal rescheduling of cannabis from Schedule I to Schedule III were to be implemented, how would that change both the Nevada cannabis and your duties as an attorney who represents cannabis companies?

Federal rescheduling of cannabis has been a topic of conversation lately; I actually have a few YouTube videos discussing the rescheduling on our channel, @connorconnorpllc. 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.

Thank you for joining us, Amanda! For more information on Connor & Connor, please visit its website.