Skip to Main Content
Person Photo
Person Photo

Rachel Gillette

Partner

555 17th Street, Suite 3200, Denver, CO 80202
P 303.295.8241
OVERVIEW

A leading cannabis-focused lawyer, Rachel helps clients nationwide proactively plan and implement strategies to capitalize on strategic business opportunities.

At the vanguard of the marijuana industry, Rachel leverages more than a decade of experience guiding clients to establish, expand, and protect profitable businesses in a rapidly-evolving legal, regulatory, and financial environment.

From years of interacting with regulators and taxing authorities Rachel knows how state and local provisions will be applied in practice and what clients can anticipate at every step of the licensing process and beyond. She vigorously protects clients’ interests in tax audits and deficiency assessments at the state and local level, as well as IRC §280E adjustments.

Clients value Rachel’s ability to distill complex, often overwhelming information, into a prioritized plan of action. As a strategic advisor, she helps clients prepare and get positioned to seize opportunities, like starting operations in newly legalized states, scale businesses into multiple jurisdictions, or launch new brands and products.

Rachel’s clients range from individual entrepreneurs and investors, to start-ups to publicly traded companies with operations in one or multiple states in cannabis and cannabis-adjacent businesses. Domestic and international entities exploring cannabis business opportunities turn to Rachel for pragmatic, industry-savvy counsel as they evaluate potential options. Rachel also serves as an expert witness on legal and regulatory issues involving hemp, marijuana, CBD, and other cannabinoids.

Before she joined Holland & Hart, Rachel was a partner at Greenspoon Marder, serving as Chair of the firm’s Cannabis Law practice and as a member of the Management Committee.

PRACTICES

Practices

Income Tax
Tax Controversy
Corporate
Tax and Benefits
INDUSTRIES

Industries

Cannabis
Food, Beverage, and Consumer Products
Pet Care
NEWS AND INSIGHTS

News

Rachel Gillette Quoted in MJBizDaily's "Denver marijuana company's dispute with union highlights PR pitfalls", 04/28/2022
NewsBreak Denver Quotes Rachel Gillette in "Fed legalization could be double-edged sword for Colo. cannabis biz", 04/08/2022
Rachel Gillette Quoted in US News & World Reports' "How to Invest in Marijuana", 04/05/2022
Rachel Gillette Quoted in MJBizDaily's "IRS ramps up marijuana business audits after COVID-19 lull, sources say", 03/25/2022
MJBizDaily Quotes Rachel Gillette in "Cannabis lobbyists believe incremental steps are the most likely path to federal reform", 03/01/2022
Rachel Gillette Quoted in Denver Business Journal's "Federal action is on Colorado's 2022 cannabis wishlist, but how likely is it to happen?", 01/03/2022
Cannabis Partner Rachel Gillette Quoted in Denver Business Journal discussing "Why Colorado cannabis companies are betting big on federal action", 11/19/2021
Rachel Gillette Joins The DOPE CFO Cannabis Accounting Podcast to Discuss Cannabis Business IRS Audits, 280E, and Tax Laws, 10/25/2021
Rachel Gillette Joins Grassroots Marketing Podcast to Discuss Legal Complexities of Cannabis Business, 09/20/2021
Daily Camera Quotes Rachel Gillette on M&A Activity and Competition in Colorado's Cannabis Industry, 09/05/2021
Rachel Gillette Discusses How Cannabis Businesses can Safeguard Tax Records on Plant Problems Podcast, 09/02/2021
235 Holland & Hart Attorneys Named to 2022 Best Lawyers®, 08/19/2021
Rachel Gillette Shares Insights with Bloomberg Law on Intricacies of Practicing in Cannabis Industry, 07/27/2021
Cannabis Partner Rachel Gillette and Team Featured in The Denver Business Journal, 07/16/2021
Cannabis Business Times Quotes Rachel Gillette Discussing Draft Federal Bill Cannabis Administration and Opportunity Act, 07/15/2021
Rachel Gillette Named Outstanding Women in Business by Denver Business Journal , 07/13/2021
Rachel Gillette Discusses Recent Move, Current Industry Issues, and Trends on Cannabis Law Report Podcast, 07/12/2021
Reuters Quotes Rachel Gillette on Georgia Supreme Court's Rejection of Motion to Permit Lawyers to Counsel Clients in Cannabis Industry, 07/02/2021
Rachel Gillette and New Cannabis Industry Team Featured in Reuters, 06/29/2021
Law360 Quotes Rachel Gillette Discussing New Cannabis Industry Team at Holland & Hart, 06/29/2021
Holland & Hart Launches Cannabis Practice With Arrival of Rachel Gillette, 06/29/2021
Rachel Gillette is Quoted in Green Entrepreneur's "Cannabis Businesses Can Shield Against Product-liability Claims by Managing Supply Chain", 03/22/2021
MJBizDaily Quotes Rachel Gillette in "Cannabis businesses can shield against product-liability claims by managing supply chain", 02/28/2021
Rachel Gillette is Quoted in MJBizDaily's "Cannabis companies should address labor issues such as unions, job classifications and COVID-19", 02/01/2021
Rachel Gillette Shares Insights with Cannabis Business Times in "Cannabis Tax Law Changes: Can You Save?", 01/15/2021
Rachel Gillette Discusses "2020 Election Results: What Comes Next for Cannabis?" in Cannabis Business Times, 12/04/2020
Rachel Gillette is Quoted in Cannabis Culture's "One Nation Under A Groove (In a Divided US, Cannabis Brings Us All Together)", 11/09/2020
Rachel Gillette is Quoted in WeedWeek's "N.J. CPAs Want to Scrap Pot Business Tax", 11/06/2020
POLITICO Pro Quotes Rachel Gillette in "Indirect' Marijuana Companies Face Uncertainty About Seeking Coronavirus Aid", 04/20/2020
Cannabis Business Times and Cannabis Business Dispensary Quote Rachel Gillette in "Latest Tax Administration Report Raises Questions for Cannabis Businesses", 04/14/2020
Rachel Gillette is Quoted in Chicago Sun Times' "Virus Fuels Pot Industry's Push for Online Sales, Delivery", 04/13/2020
Rachel Gillette is Quoted in Cannabis Business Times' "Federal Stay-at-Home Order? What Cannabis Businesses Need to Know", 04/08/2020
Rachel Gillette Shares Insights with MediaBurst in "Missouri Medical Hashish Overwhelmed By Licensing Appeals", 02/25/2020
Rachel Gillette is Quoted in MJBizDaily's "Licensing Appeals Overwhelm Missouri's Medical Marijuana Program, Point To Widespread MJ Industry Concern About Scoring Fairness", 02/21/2020
Insurance Journal Quotes Rachel Gillette in "New Colorado Law Tackles Employee Equity, Investment in Startup Cannabis Industry", 02/13/2020
Rachel Gillette is Quoted in The Globe and Mail's "U.S. Legal Outlook: Banking Reform The Best Bet For Legalization Stalls In Washington", 11/24/2019
Rachel Gillette is Quoted in The News-Gazette's "The Big 10 with Jeff D'Alessio, Nov. 17, 2019", 11/17/2019
Rachel Gillette Discusses "5 Things Cannabis Biz Attorneys Should Know About Tax Law" in Law360, 11/08/2019
Rachel Gillette Discusses "How Cannabis Vape Businesses Can Avoid Legal Liability" in MJBizDaily, 11/01/2019
Rachel Gillette is Quoted in Law360's "Tax Court Decision May Open Up New Challenges To 280E", 10/30/2019
Rachel Gillette Shares Insights with Law360 in "Cannabis In Hospitality Stumbles As Regs Impede Innovation", 10/28/2019
Cannabis Dispensary Quotes Rachel Gillette in "Pennsylvania Legislators Introduce New Adult-Use Legalization Bill With 'Microgrower' License", 10/16/2019
Rachel Gillette is Quoted in Law.com's "House Takes Historic Vote on Cannabis", 09/26/2019
Cannabis Business Times Quotes Rachel Gillette in "U.S. House Passes SAFE Banking Act", 09/25/2019
Rachel Gillette Discusses Cannabis Tax with Bloomberg Law in "Sacks of Cash Spur States to Seek Cannabis Tax Solutions", 08/26/2019
Rachel Gillette is Quoted in MJBizDaily's "FBI Scrutiny of Corruption in US Cannabis Industry Welcomed By Some, Scorned By Others", 08/22/2019
Rachel Gillette Shares Insights with Cannabis Business Times in "Hemp Legalization Complicates Cannabis Criminal Cases in Ohio", 08/21/2019
Rachel Gillette is Quoted in Bloomberg Tax's "Pot Company to Take the IRS to Court Over Drug War-Era Policy", 07/19/2019
Denver Business Journal Quotes Rachel Gillette in "Colorado Passed 'Most Substantial' Cannabis Legislation Since 2010 in 2019, Industry Leader Says", 06/03/2019
Rachel Gillette Discusses Marijuana Reform with CBD Magnates in "Federal Marijuana Reform May Be Entering New Era, Even If High Hurdles Remain", 04/24/2019
Rachel Gillette Shares Insights with MJBizDaily in "Forward Step for Cannabis Banking Legislation at Federal Level and More", 03/29/2019
Rachel Gillette Discusses Cannabis Best Practices in Denver Business Journal's "Table of Experts: Best Practices for Cannabis Companies", 02/15/2019
Rachel Gillette is Quoted in Business Insider's "Meet the Top Lawyers Who've Worked On Some of the Biggest Deals in the Booming Marijuana Industry That's Set To Skyrocket To $194 Billion", 01/09/2019
Rachel Gillette Featured in Law360 article "Cannabis Cases To Watch in 2019", 01/01/2019
Rachel Gillette Featured in Rocky Mountain PBS "Insight: Marijuana Murder?", 11/15/2018
Rachel Gillette Featured in mg Magazine's "30 Powerful Cannabis Attorneys You Should Know", 11/05/2018
Rachel Gillette Shares Insights with Accounting Today in "Cannabis Industry Tax Issues Just Got Real", 10/09/2018
Rachel Gillette is Quoted in Law Week Colorado's "A Marijuana Product Patent Dispute Marks a First for the Judicial System", 08/20/2018
Rachel Gillette Discusses "The Business of Tax: Cannabis Tax Advising Growing Like Weeds" in Tax Notes, 07/09/2018
Culture Magazine Selects Rachel Gillette as "Featured Advocate", 06/07/2018
KOB4 features Rachel Gillette in "What New Mexico Can Learn About Legalizing Recreational Pot", 05/15/2018
Rachel Gillette Featured in Ganjly Interview "Practicing Law in the Ever Changing Cannabis Industry", 05/14/2018
Rachel Gillette Shares Insights with Marijuana.com's in "Q&A: Marijuana Attorney is Optimistic About Marijuana Justice Act", 04/26/2018
Rachel Gillette Discusses "Higher Law: Your 4/20 Update on Cannabis as a Practice" in Law.com, 04/20/2018
Rachel Gillette is Quoted in The American Lawyer's "Cannabis Law Practices Brace for Impact of Sessions Memo", 02/23/2018
Rachel Gillette Shares Insights with The Cannabist in "Colorado Marijuana Dispensary Challenges IRS in US Tax Court", 12/18/2017
Rachel Gillette Shares Insights with Marijuana Business Daily in "Costly Employment-Related Lawsuits on the Rise in Cannabis Industry as MJ Workforce Grows", 10/18/2017
Rachel Gillette is Quoted in Scientific American's "U.S. Called for New Marijuana Research Bids-but Granted No Approvals", 07/24/2017
Rachel Gillette is Quoted in BBC World News' "Cannabis Goes on Legal Sale in US State of Colorado", 01/01/2014

Publications

Speaking Engagements

"The Next Generation of Cannabis Tax Issues: Lessons from the Front Lines," Cannalaw Summit, 05/03/2022
"How to Hash it Out with the IRS," Cannabis Higher Learning: Your Legal Roadmap, 04/19/2022
"Cannabis Law," W420 Radio Network, 04/20/2021
"Weeding Between the Ethical Lines: Cannabis and Conflicts," West LegalEdCenter, 02/10/2021
"Get in the Game: Business Opportunities in Cannabis," Sports, Money & Meds Virtual Conference, 10/08/2020
"Audit, Tax & Accounting for Cannabis," 07/16/2020
"Elevate Your Grind," Cannabis LAB Webinar, 06/30/2020
"The Changing Landscape of Cannabis & CBD: How it May Affect Your Business," Convenience Distribution Marketplace, 02/26/2020
"The Cannabis Industry: Taxes, IRS Audits and Sec. 280E," AICPA Webcast, 01/27/2020
"Accounting For Cannabis And The IRS," CLAB's 4th Annual Cannabis Law and Business Conference, 10/28/2019
"Moving the Needle at the Federal Level," Institutional Capital & Cannabis Conference East (IC3), 10/21/2019
"The Business of Cannabis," Legal 500 Roundtable, 05/08/2019
"CBD and Hemp after the 2018 Farm Bill: Legal in All Fifty States?," NORML Legal Seminar, 05/03/2019
"Improving Your Tax Strategy," The Cannabis Conference, 04/02/2019
"Is CBD the New Energy Drink?," Convenience Retailing University Conference, 02/28/2019
"Best Practices for Cannabis Industry Companies," Denver Business Journal's The Business of Cannabis: The State of the Industry, Moderator, 01/30/2019
"Status of Industry, Legal and Business Updates," Cannabis LAB Conference, 11/07/2018
"Tax, Accounting and What to Legally Do With The Money," Cannabis LAB Conference, 11/07/2018
"Income Tax Audits and 280E in the Cannabis Industry," State Bar of Michigan Marijuana Law Section Conference, 10/26/2018
"The ABC's of CBD," CWCBExpo, 09/27/2018
"How to Stop the Train: Lessons Learned Defending 280E Audits," NCIA Cannabis Business Summit & Expo, 07/26/2018
"From Potential Crackdowns to Changing Regulations: Surviving and Thriving Amid Uncertainty," MJBizConNEXT 2018 Conference and Expo, 05/11/2018
"Cannabis Legalization and the Waterfall Effect: How Each State Impacts the Next," National Law Journal, 04/18/2018
"Services to Businesses Involved in Marijuana," 2018 Florida Institute of CPAs Valuation, Forensic Accounting & Litigation Services Conference, 01/11/2018
"Services to Businesses Involved in Marijuana," AICPA National Tax Conference, 11/07/2017
"High on Loss Prevention: Representing Clients in the Marijuana Industry," Aon Law Firm Symposium, 10/18/2017
"North Meet South: Integrating Northern California Cultivation into the Southern California Market," Cannabis World Congress & Business Expo Los Angeles, 09/14/2017
"Silicon Valley Meets Bob Marley: The Right Way To Do Drugs," The Economist Canada Summit, 09/07/2017
"Live Twitter Chat on the Drug Enforcement Agency's Actions Tied To Marijuana Rescheduling and Research," Marijuana Business Daily, 08/25/2017
"Conflicts and Cannabis," The Florida Bar's Annual Convention, 06/21/2017
"Suing the regulators. Can you? Should You?," National Cannabis Industry Association Cannabis Business Summit & Expo, 06/13/2017
"Challenges of Representing A Client In An IRS Audit," NORML Aspen Legal Seminar, 06/01/2017
EDUCATION AND ADMISSIONS

Education

Quinnipiac University
J.D., 2007
University of Colorado at Boulder
B.A., 2004

Bar Admissions

Colorado
Connecticut

Court Admissions

U.S. District Court, District of Colorado
U.S. Tax Court
U.S. Court of Appeals for the Ninth Circuit
RECOGNITION

Recognition

  • The Best Lawyers in America©, Tax Law, 2022
  • Chambers & Partners, USA - Nationwide Cannabis Law: Western United States, Band 1, 2019-2021
  • Cannabis Law Report, Global Top 200 Cannabis Lawyers, 2020-2021, 2021-2022
  • Law Week Colorado, Barrister’s Choice, Best Marijuana Law Lawyer, 2019-2020
  • Denver Business Journal, Outstanding Women in Business, Finalist, 2019; Winner, 2021
  • Greendorphin.com, 20 Most Influential Women In Cannabis, 2019
  • High Times magazine, Women of Weed, 2018-2019
  • National Law Journal, Cannabis Trailblazer, 2018 - 2019
  • 5280 Magazine, Top Lawyers, Marijuana Law, 2015-2019
  • Remedy Review, Top 20 Women on the Move in Cannabis, 2018
  • mg Magazine, Powerful Cannabis Attorney, 2018
  • Complex Magazine, 15 of the Most Powerful Women In the Weed Industry, 2017
  • NORML, Distinguished Counsel’s Circle, 2016
  • Sensi Magazine, Named One of 24 Cannabis Pioneers, May 2016
  • Cannabis Business Executive, 100 Most Influential People in the Cannabis Industry, 2014
  • Cannabis Business Awards, MVP, 2014-2015
PROFESSIONAL AND CIVIC AFFILIATIONS

Professional and Civic Affiliations

  • Colorado NORML, Board Member and Former Executive Director
  • NORML, Legal Committee, Member
  • Women Grow, Founding Member
  • International Cannabis Bar Association, Founding Member
  • National Cannabis Industry Association, Member
  • Colorado Bar Association, Member
  • University of Denver Sturm College of Law, Adjunct Professor, Cannabis
DISCLAIMER

Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.

Accept
Decline