Why This Woman Is Bringing Together Lawyers Across the Country to Serve the Marijuana Industry

Shabnam Malek is the president and executive director of the new National Cannabis Bar Association.

By Kelly Mickle
While the tides seem to be turning in favor of medicinal and recreational marijuana (53 percent of Americans now support legalizing the drug), conflicting federal and state laws make for a confusing legal landscape. As a result, finding a good lawyer — and being a good lawyer — could mean the difference between a successful career and spending time behind bars for those working in the cannabis industry.
To help lawyers and their clients find their way through this new murky and uncharted territory, a group of experienced lawyers formed the National Cannabis Bar Association (NCBA) based in San Francisco, which launches June 30. Cosmopolitan.com spoke to president and executive director of the NCBA, Shabnam Malek, about the new organization and how they hope to impact the industry.
 
Why is the National Cannabis Bar Association important?
We're in a very unique situation. The federal government deems marijuana unlawful, yet a patchwork of state laws say things are totally lawful, so knowing how to navigate these conflicting laws is crucial for attorneys to properly represent their clients. My firm Brand & Branch [a boutique law firm that specializes in providing intellectual property law services to the marijuana industry] represents everyone from dispensaries to cultivators — growers — companies that make infused edibles, like chocolates and granola, as well as software and social media companies that work with cannabis clients.

The industry is growing so fast, and laws and regulations are constantly changing — they vary from state to state and sometimes even city to city, so attorneys need to be able to connect with one another to share information and get advice from those who have more experience in the field or in states where marijuana laws have been around longer. Similar general specialty bar associations are available for family law, trademark law, criminal defense, so it makes perfect sense to have one for cannabis law — especially considering the complexity of legal issues.

Who will the NCBA benefit?
The benefits will be huge for both lawyers and businesses in the marijuana industry. Members will have access to a national database of lawyers, as well as networking events, educational seminars, and webinars. Base membership for qualified attorneys is $150 a year, but the database will be publicly available for cannabis businesses to use — a big bonus when you're a company looking for educated advice on how to deal with the complicated state laws around marijuana. As of now, it's very hard to do that on your own. Your only options are Google or to get references from friends and colleagues. The National Organization to Reform Marijuana Laws (NORML) does have a database of lawyers, but it's mostly defense attorneys — not people who specialize in business law. We've just launched and already we have people reaching out to us asking for help finding lawyers in particular jurisdictions.

What motivated you to get involved in cannabis law?
Oh, there were so many reasons! I'm a trademark lawyer and that's still what I do, but it has so many new applications in the cannabis industry. It's a really exciting, fast-growing area of law. I wanted to be a part of that and quickly saw the need for an organization to best serve our clients, so I got together with my colleagues to launch the NCBA and asked for their support as president at [the] first board meeting. It's a lot of work, but it's a perfect fit for me. My friends all call me the hub. I connect my friends together, I connect people in professional situations together, and it just felt like something natural for me to do — to connect lawyers together with one another and help connect the industry with lawyers.

Did you have any concerns about getting involved in such a controversial industry?
Personally, I support the legalization of marijuana. That said, I think it's wise to be cautious. Caution drives a lot of investigation and research and mindfulness. Having said that, this industry is extremely professional and continuing to grow in its professionalism. Having a resource like the National Cannabis Bar Association will only add to the credibility of this field, giving lawyers the tools and education they need to serve their clients in the most ethical and professional way possible.

What are your hopes for the future of the association?
My main goal is to get the database up and running, and to facilitate more educational seminars and networking events. We just had a one-hour seminar on franchising law and how it might affect the cannabis industry, which was taught by Dawn Newton at Donna Hugh Fitzgerald. We also had a fun social mixer at a bar that was hosted by Viridis Law Firm based in San Diego during the International Trademark Association meeting. Both had great turnouts, and we want to continue to provide these valuable opportunities to other attorneys in this industry so we can better serve the industry.

Five of your 10 board members are women, and women seem to be taking on prominent roles in the cannabis industry in general. Why do you think the cannabis industry is appealing to women?
I think the cannabis industry has a lot to offer women. It's changing so rapidly that there is a lot of space for women to grow and learn professionally. Also, women are more affected by a lot of chronic health conditions that can be treated with medicinal marijuana, so I think that has exposed more women and gotten them more involved in the industry.

Personally, the wide-open field allowed me to start my own firm, which has enabled me to build the quality of life I want — which was difficult to do at a big law firm with extremely demanding hours. Because the field is growing so much, it's very exciting, and I've been able to create a lot of flexibility and take on clients I really like. I hope that seeing women attorneys and business owners in this field, and providing educational opportunities for them through the NCBA, will encourage and inspire other women to aspire to be leaders as well.