Nationally Recognized
Securities and Cannabis Business Attorney

About Barry

Barry adds great value to his clients on legal, business and compliance matters. He carries more than two decades of legal, business and investment-related experience, as well as being fully engaged in the cannabis industry.

Barry is nationally known and has been published on numerous occasions providing keen insight into the cannabis and securities industries. Barry can assist clients by providing cannabis business consulting and compliance, negotiate and draft various agreements, address day-to-day legal concerns. He represents various cultivators, edible producers, dispensaries and other ancillary cannabis businesses... Barry previously served as General Counsel for BioTrackTHC ™.

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More Services

  • Provides Guidance and Representation before Securities and Cannabis Industry Regulators.
  • Drafts 10-K, 10-Q, 8-Ks, Form Ds and other SEC required public reporting filings. Makes Blue Sky Filings.
  • Drafts complex commercial and corporate contracts, Purchase Agreements, NDAs, LPAs, Operating Agreements.
  • Represent and advise clients in regulatory and governmental investigations, examinations and audits.
  • Drafts Correspondence, Reviews advertising, marketing and promotional materials.
  • Develops and implements compliance organizational strategies and procedures, including AML policies.

Barry Gainsburg PA


Connect with Barry
1Medical Marijuana Businesses in Florida

We help professionals and business find the legal services they need to properly form their business and operate within the new regulatory scheme for Florida’s medical marijuana industry including:

+ marijuana licensing issues
+ cannabis license applications
+ marijuana business planning
+ cannabis business consulting
+ banking restrictions for the marijuana industry
+ incorporation of a marijuana business
+ real estate transactions
+ cross-border licensing

We work with business owners/clients to stay in compliance with the new regulations.

2Rules for Attorneys Representing Clients in the Medical Marijuana Industry

Lawyers in Florida who give advice to professionals with the medical cannabis industry should be aware of Florida Bar Rule 4-1.2. Florida Bar Rule 4-1.2(d) provides:

Criminal or Fraudulent Conduct. A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows or reasonably should know is criminal or fraudulent. However, a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good-faith effort to determine the validity, scope, meaning, or application of the law.

The comment to Florida Bar Rule 4-1.2(d) provides:

A lawyer is required to give an honest opinion about the actual consequences that appear likely to result from a client's conduct. The fact that a client uses legal advice in a course of action that is criminal or fraudulent does not, of itself, make a lawyer a party to the course of action. A lawyer may not, however, assist a client in conduct that the lawyer knows or reasonably should know to be criminal or fraudulent. A critical distinction exists between presenting an analysis of legal aspects of questionable conduct and recommending the means by which a crime or fraud might be committed with impunity.

3What marijuana/cannabis business can you start in Florida?

Under the new regulations, enacted on November 8, 2016, Florida opened its doors for additional ten (10) Medical Marijuana Treatment Centers (MMTC) -- entities that acquire, cultivate, possess, process (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfer, transport, sell, distribute, dispense, or administer marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients and caregivers.

However, the application period for would-be entrepreneurs is now closed and the state has not indicated when they will begin accepting new applications.

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