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The Schedule

*******All Schedules and Topics Subject to Change*******

Thursday, October 3
(Pre-Conference Day)

On Thursday, October 3rd, INCBA will be launching our first-ever CLI pre-conference day track. As additional jurisdictions consider regulations for hemp, CBD, medical, and adult-use cannabis, this full-day program focuses on international law and issues facing the international legal community as additional jurisdictions consider regulations for hemp, CBD, medical and adult-use cannabis.

8:30 am - 9:00 am     
Registration and Check-In (Please arrive at New York Law School at 185 W Broadway, New York, NY 10013)
Badges will be available for pickup at the the main entrance of New York Law School in the law school lobby

All educational Sessions on Thursday, October 3 will take place in the
New York Law School Auditorium on the Lower Level of the Law School

9:00 am - 9:15 am
Introductory Remarks

Christopher Davis, Executive Director, INCBA
Mary Shapiro, Co-Chair of INCBA International Committee and Board Member,
Shabnam Malek, Co-Chair of INCBA International Committee, Founding President and Board Member

9:20 am - 10:50 am
Overview of International Law and Norms
Join us for a presentation on the UN Single Convention on Narcotics and the law that flows therefrom. Address the UN Narcotics Control Board, annual quotas for import/export activity, the EU Novel Foods Directive, and other international laws that affect the cross-border movement of cannabis products, profits, and resources.
Speakers:
Heather J. Haase
, Dioscorides Global Holdings, LLC & New York NGO Committee on Drugs
Tomas Sadilek, International Cannabis and Cannabinoids Institute (ICCI)
Guillermo Fernadez, Sofer Abogados
Renata Segura, Social Sciences Research Council (a UN-affiliated organization)
Martin Jelsma, Transnational Institute

Course Materials:
REGULATION (EU) 2015/2283
REGULATION (EU) 2018/456
CANNABIS POLICY LINKS
The WHO’s First Ever Critical Review of Cannabis
Commission on Narcotic Drugs
The Limits of Latitude
Principled Noncompliance
What we have learned over the last ten years: A summary of knowledge acquired and produced by the UN system on drug-related matters
Chief Executives Board for Coordination
Policy PowerPoint

Course Evaluation

10:55 am - 12:10 pm    
Discussion of Medical Marijuana & Survey of Domestic Regulatory Regimes

From Germany to Uruguay and from Israel to Australia, cannabis regulatory regimes are being introduced across the globe. Take a look at the different medical markets that are coming online, how those markets interact with existing domestic and international law in the host country, and take a minute to compare and contrast the differing regimes across the world.
Speakers:
Carlos Allan Malacara,
Panamericana de Patentes y Marcas, S.C. (PPM)
Kai-Friedrich Niermann,
KFN+
Chuck Menahem Kanafi,
Medical Cannabis Law Practice
Tomas Sadilek,
International Cannabis and Cannabinoids Institute (ICCI)
Jonathan Deverill,
DAC Beachcroft
David Mangone,
The Liaison Group

Course Materials:
Prohibition Partners – The German Cannabis Report
Medical Cannabis PowerPoint
Mexico: General Health Law
Mexico: Criminal Law
Israel Primary Legislation
Israel Document List for Foreign Investors
Israel MMJ Timeline
Analysis of Medical Cannabis Access in the United States

Course Evaluation

12:15 pm-1:15 pm LUNCH

1:20 pm - 2:35 pm
Panel Conversation: Cross Border Commerce: Moving Product
Building on the morning sessions, consider how cross-border commerce actually functions on a transactional basis. What countries are exporting, where can you import, and what differences exist in import/export regulation for psychoactive cannabis products versus industrial hemp? Do differing regulations between exporting and importing countries serve as a to bar commerce, how can we advise clients to navigate these issues, and how active does the attorney have to be when facing Customs and Border Protection in the United States?
Speakers:
Kai-Friedrich Niermann,
KFN+
Jose Alberto Campos, Sánchez Devanny
Marco Algorta, CANNAPUR
Santiago Concha, C&R Law
George Reid, Bennett Jones

Course Materials:
In Uruguay’s Marijuana Experiment, the Government is Your Pot Dealer
Moving Product PowerPoint
Marco Algorta

2:40 pm - 3:55 pm
Panel Conversation: Cross Border Finance: Moving Money

Money is fungible and moves around the world with the click of a button. But Anti-Money Laundering (AML) and Bank Secrecy Act (BSA) laws make the transactions that take place in the cannabis industry anything but straightforward. Learn how we move money from capital-rich jurisdictions with close controls on market growth to developing markets with immediate growth potential. And, if you think you can escape US AML and BSA concerns by sourcing money from outside of the US for investments abroad - take a look at the pervasive nature of the US banking system and how to navigate around and through entities that remain subject to US laws.
Speakers:
Gordon Cameron,
Bennett Jones, LLP
Jonathan Deverill,
DAC Beachcroft
Steve Schain, Hoban Law Group

Course Materials:
How to Move and Bank Cannabis Cash in the US and Beyond

Course Evaluation

4:00 pm - 5:00 pm  
Panel Conversation: Cross Border Growth: Moving IP
Recognizing the limitations on export and import of cannabis and cannabis products, intellectual property licensing presents an opportunity to expand outside of a local jurisdiction. While growing a business in any industry is difficult, with the emerging availability of international protections for cannabis-related patents and trademarks combined with the advertising and IP Licensing laws in certain jurisdictions (see, e.g., Canada and California), navigating the landscape in our industry is harder than ever. Let us help you decipher the morass of regulation in order to protect your client’s IP and help position your client for growth beyond domestic borders.
Speakers:
Dr. Jay Mitra, Zuber Lawler & Del Duca, LLP
Ronnie Bensharut, Reinhold Cohen IP Group
Noel Courage, Bereskin & Parr
Christelle Gedeon, Aphria

Course Materials:
Intellectual Property License and Commercialization Agreement
Cannabis Trademarks: A State Registration Consortium Solution
Risk Management Within the Cannabis Industry: Building a Framework for the Cannabis Industry
Moving IP Course Material Links
The Cannabis Patent War: In the Midst of Chaos, There Is Opportunity

Course Evaluation

Speaker and VIP Reception to Follow
Location: TBA

Friday, October 4

7:30 am - 8:00 am
Registration and Check-In
Please arrive at New York Law School at 185 W Broadway, New York, NY 10013
Badges will be available for pickup at the the main entrance of New York Law School in the law school lobby

Morning educational Sessions on Friday, October 4 will take place in the
New York Law School Auditorium on the Lower Level of the Law School


8:00 am - 8:05 am
Introductory Remarks

Christopher Davis, Executive Director, INCBA
Shay Gilmore, Chair of CLE Committee and Board Member, INCBA
Steve Schain, Co-Chair of 2019 Cannabis Law Institute, INCBA

8:05 am - 9:05 am
Ethics
Ethics is rarely cited as one of the most interesting topics in any industry-specific legal practice. But ethics in cannabis is a different beast: from investing in clients to navigating the interaction of local, state, and federal laws without stepping on the wrong side of the ethical line, our ethics sessions are always among our most well-attended and engaging sessions. Join the chair of the INCBA Ethics Committee and current INCBA Board Member, Amy McDougal, for a sampling of the hottest ethics issues that are facing your practice today.
Speakers:
Jessica McElfresh,
McElfresh Law, Inc
Amy McDougal,
CLEAResources, LLC
Jeff Merk, Aird & Berlis, LLP

Course Materials:
Ending a Client Relationship: Ethical Considerations
United States v. Zolin
Ethics PowerPoint
Right to Withdraw PowerPoint

Course Evaluation

9:15 am - 10:15 am
Fireside Chat: State of the Industry

Check in with John Hudak, Shanita Penny, and Michael Bronstein to take a look at the state of the industry as it currently stands. Where are we with Federal Legislation, what is the most likely set of federal legislation to move forward, where are the east coast states in terms of their progress, and where is the industry going. Lets talk about some of the pressing policy initiatives that are currently pending, and where to take the next steps.

John Hudak, Brookings Institute
Michael Bronstein, American Trade Association of Cannabis and Hemp (ATACH)
Shanita Penny, Minority Cannabis Business Association
Lara DeCaro, LPS Law

Course Materials:
MCBA: What is Equity
H.R. 420 Regulate Marijuana like Alcohol Act
Marijuana Justice Act 2019
SAFE Banking Act
SAFE Banking Act of 2019: MCBA Overview
STATES Act
MCBA: Model State Legislation
MCBA: Bill Summary
CARERS Act of 2019
MCBA: Model Bill Press Release

Course Evaluation

10:20 am - 11:20 am
Plenary Panel: The Needs of In-House Counsel

Listen in as we have a conversation with the most influential Cannabis GCs in the industry - learn what it takes to become a GC of the largest companies in cannabis, and what they are looking for from their outside counsel. In-house lawyers are lawyers first, but they are also constantly the intermediary between their management - often concerned primarily with market positioning and expansion, and outside counsel. Learn what in-house counsel finds most valuable in outside counsel from responsiveness and concrete legal answers to simply thoughtful consideration of the issues presented and possible ways forward. Take these lessons to help you win business and keep your largest clients happy.

Joseph Segilia, General Counsel, Terra Tech Corp
Jillian Swainson,
General Counsel, Aurora Cannabis
Jim Doherty, General Counsel, Acreage Holdings
Erin Alexander, Associate General Counsel, Cresco Labs
Krystal Saab, General Counsel, The+Source
Gavin Kogan, Grupo Flor

Course Materials:
ABA Ethical Role of In-House Counsel
ABA In-House Counsel Survival Guide
TR Practice Note - Ethical Issues for In-House Counsel
TR Common Ethical Issues for In-House Counsel

Course Evaluation

11:30 am - 12:30 pm
Plenary Panel: The Northeast Regulators

Check-in with the northeast jurisdictions to see where we are and where are are going. Figure out what the implementation directive are for each of the jurisdictions and how leadership from the government side plans to coordinate their efforts to achieve shared goals. Don’t miss this follow up to our in-house panel, where we can address many of the concerns that are expressed by the largest and most impactful companies in the industry.

Axel Bernabe, New York State
Julianne Avallone, Connecticut
Norman Berinbaum, Rhode Island

Course Materials:
Connecticut Palliative Use of Marijuana
Connecticut Proposed Adult Use SB1085
MPP Connecticut Judiciary Bills Summary
New York Medical Marijuana Regulations
New York Proposed Marijuana Regulation and Taxation Act
Rhode Island Medical Marijuana Regulations
Rhode Island Proposed Budget Article

Course Evaluation

12:30 pm - 1:30 pm LUNCH

1:30 pm - 4:45 pm
Afternoon Sessions, New York Law School, 185 W Broadway, New York, NY 1001

Track 2: Down In the Weeds

Strategies for Growth

1:30 pm - 2:30 pm: Early Stage Finance and Growth
Take a look at fund formation, investment, and pooled private capital as a means to facilitate growth in early-stage companies. What protections should investors be seeking, how should operators seek to structure early-stage capital inflows, and how can each party preserve their rights to future equity, avoid dilution, and prepare for unforeseen obstacles coming down the road.
Speakers:
David Feldman,
Duane Morris LLP
Charles Alovisetti, Vicente Sederberg, LLP
Catia Kossovsky, Hoban Law Group
John Brecker,
Drivetrain Advisors
Kathryn McCall, Sideman & Bancroft, LLP

Course Materials:
2019 Cannabis Law Institute: Strategies for Growth PowerPoint

Course Evaluation

2:35 pm - 3:35 pm: Capital Markets and Public Offerings
For certain companies, the correct path forward includes going public. Learn when it’s appropriate to access capital markets over private financing, what triggers the impulse to go public, and how to prepare your client for the decisions they face, including which exchange to access, whether to wait, and how to prepare the documents necessary to engage in the transaction.
Speakers:
Robert Petitt, Burns & Levinson, LLP
Sherri Altshuler, Aird & Berlis, LLP
David Feldman,
Duane Morris, LLP
Joe Segilia,
Terra Tech Corp.
Carolyn Saacke,
NYSE

Course Materials:
Capital Markets & Public Offerings PowerPoint

Course Evaluation

3:45 pm - 4:45 pm: The M&A Primer
M&A activity in the cannabis industry is booming. Every day, we are inundated by news of a new M&A transaction that has just closed. What is so attractive about cannabis M&A right now, is an acquisition the most effective way for your client to grow, and what should the acquirer and the target be taking into account to ensure they realize the desired outcome?
Speakers:
Nanette Heide,
Duane Morris, LLP
Sara Presler,
Presler Consulting, LLC
Josh Horn,
Fox Rothschild, LLP
Will Kushner, PremierCounsel, LLP

Course Materials:
M&A Primer PowerPoint

Course Evaluation

Track 1: High in the Sky

Policy and Politics

1:30 pm - 2:30 pm: Real Policy Talk with the Advocates
From broad policy debates to concrete policies that we can implement, this panel will take a look at what the advocacy organizations are working toward and how we can help support those activism goals. Join a candid conversation with the Executive Directors of, and legal counsel for, some of the most influential advocacy organizations in the country.
Speakers:
Steve Hawkins,
Marijuana Policy Project
Chris Davis, International Cannabis Bar Association
Eric Goepel,
Veterans Cannabis Coalition
Shanita Penny,
Minority Cannabis Business Association
Justin Strekal, NORML

Course Materials:
The Veterans Cannabis Coalition
Advocates Talk PowerPoint

Course Evaluation

2:35 pm - 3:35 pm: Getting Engaged: Influencing the Legislative and Regulatory Process
Want to affect the political process but don’t know where to start? Both an art and science, wording legislation properly and influencing regulations as they are promulgated is an integral part of the zealous advocate’s job. Take a look at how to influence rule-makers through the process by engaging in a mock comment period session with the INCBA team.
Speakers:
Jordan Wellington,
VS Strategies
Sharon Geuea Jones,
Jones Legal Consulting
Sabrina Fendrick,
Berkeley Patients Group, Chief Public Affairs Officer
Lauren Mendelsohn,
Law Offices of Omar Figueroa

Course Materials:
Influencing the Legislative and Regulatory Process PowerPoint
Just a Bill Video

Course Evaluation

3:45 pm - 4:45 pm: Bottom Up or Top Down Advocacy
Is the more effective form of advocacy one that flows from the federal government down to the states and their localities, or one that flows up from grassroots movements? Can we create sweeping policy changes
by targeting the constituencies of federal representatives on a local level or by targeting parallel interests at the federal level first? Is it different in
different states?
Speakers:
Michael Correia,
National Cannabis Industry Association
Matt Abel,
Cannabis Counsel, P.L.C.
Lara DeCaro, Leland, Parachini, Steinberg, Matzger & Melnick, LLP
Steven Hawkins,
Marijuana Policy Project

Course Materials:
Initiative and Referendum States
Amendment to Division A of Rules Committee Offered by Mr. Blumenauer of Oregon
Reconsidering Home Rule and City-State Preemption in Abandoned Fields of Law
Marijuana Policy Project US Map on Marijuana Policies 2019
Bottom Up or Top Down Advocacy PowerPoint

Course Evaluation

5:00 pm - 6:30 pm
New York Law School; Second Floor Events Center
We Cann Run, Opening Statement by Jeanne M. Sullivan, General Partner, Arcview Venture Fund
Have you thought about running for elected office on a cannabis platform? Join us in this spirited fire-side chat exploring how regular people run, or are inspired to run, and become change agents in the cannabis industry and beyond - on the even of the 2020 election
Speakers:
Jamia Wilson,
Executive Director and Publisher Feminist Press, Author
Erin Vilardi,
Founder + CEO of Vote Run Lead
Carolyn Gerin,
Author, Co-founder of Cannawise
Omar Figueroa,
Law Office of Omar Figueroa

6:30 pm - 8:30 pm Evening Networking Event

New York Law School; Second Floor Events Center
Join fellow attendees and members of INCBA for an evening networking event with drinks, catered food, and wonderful company!
 

Saturday, October 5

8:30 am - 9:00 am
Registration and Check-In
Please arrive at New York Law School at 185 W Broadway, New York, NY 10013

9:00 am - 12:10 pm Morning Sessions
New York Law School, 185 W Broadway, New York, NY 10016:30

Room 300

Federal Agencies A-Z

9:00 am - 10:00 am: The Heavy-Hitting Federal Agencies
Examine the federal agencies that impact your clients and your daily practice of law. Historically, the industry’s biggest concern has always been the DOJ and the DEA, but as enforcement shifts from criminal to civil, take a look at the DOJ’s importance in light of the increasing power of the other major federal agencies, including the FDA, USDA, Treasury, and the USPTO.
Speakers:
Amanda Conley,
Brand & Branch, LLP
Thomas Norby,
Brownson Norby, PLLC
Courtney Moran,
Earth Law, LLC
Kamran Aryah,
Knight Law Office

Course Materials:
Executive Summary of New Hemp Authorities
Examination of Marks for Cannabis and Cannabis-Related Goods and Services after Enactment of the 2018 Farm Bill
HARBORSIDE HEALTH CENTER v. COMMISSIONER OF INTERNAL REVENUE
WARNING LETTER: Curaleaf, Inc
What You Need to Know (And What We’re Working to Find Out) About Products Containing Cannabis
FDA is Committed to Sound, Science-based Policy on CBD
Heavy-Hitting Agencies PowerPoint

Course Evaluation

10:05 am - 11:05 am: Ancillary Agencies
Larger federal agencies are far from the only agencies with their hand on the pulse of the cannabis industry. Take a look at the rest of the agencies that play a role in the regulation of the cannabis market, from the EPA to the EEOC, and from the SEC to the FTC.
Speakers:
Rod Kight, Knight Law Office
Bryna Dahlin,
Benesch, LLP
Brent Johnson,
Hoban Law Group
Shawn Hauser,
Vicente Sederberg, LLP
Jillian Hishaw,
Hishaw Law, LL.C.
Jon Jacobs,
High Compliance, LLC

Course Materials:
Congress Will Likely Legalize Hemp in the Farm Bill. It Should Also Heal the USDA’s History of Discrimination.
How Federal Environmental Requirements Apply to the Cannabis Industry: Part 1 – Pesticide Violations and Their Consequences
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT
Five Federal Agencies Respond To Presidential Candidate's Hemp Banking Letter
Pesticide Compliance In The Cannabis Industry
Hemp Could Change 100 Years of Inequality in HCBU Land-Grant Funding
Ocasio-Cortez Slams The 'Racial Injustice' Of The Cannabis Business As White Men Profit
Socially Disadvantaged Farmer Issues can be Addressed When Diverse Frontline Agricultural Workers Proactively Work Together
Investor Alert: Marijuana Investments and Fraud
Federal Agencies A-Z Chart
EPA Seeks Public Comment on Pesticide Applications for Hemp
FIFRA ENFORCEMENT RESPONSE POLICY
Ancillary Agencies PowerPoint

Course Evaluation

11:10 am - 12:10 pm: Pie-in-the-Sky
Following an overview of where the states are, we will hear about two propositions for federal regulatory schemes: one on the efficiency, transparency, and benefits that could result from consolidating federal regulation of medical cannabis markets in a single agency, and a second proposing a regulatory framework that can be used for both social and therapeutic approaches that defers to existing state regulated infrastructures.
Speakers:
Steph Sherer,
Americans for Safe Access (ASA)
Tami L. Wahl, Advisor, Governmental Affairs
John Hudak, Brookings Institute

Course Materials:
ASA Briefing
Cannabis Framework
Pie-in-the-Sky PowerPoint

Course Evaluation

Room 301

Drafting

9:00 am - 10:00 am: Drafting for an M&A Transaction
While the cannabis industry is constantly expanding through the emergence of new companies, the rate of consolidations through M&A transactions is keeping pace in lock-step. Take a closer look at what are becoming common transactions in the cannabis industry, and how you can help your clients prepare for, engage in, and benefit from an M&A transaction from the drafting perspective.
Speakers:
Hilary Bricken,
Harris Bricken
Steve Levine,
Husch Blackwell
Charlie Alovisetti,
Vicente Sederberg, LLP
Cátia Kossovsky,
Hoban Law Group
Bill Bogot,
Fox Rothschild, LLP

Course Materials:
Pitfalls To Avoid As Cannabis M&A Takes Off
BUSINESS COMBINATION AGREEMENT: HARVEST HEALTH & RECREATION INC.
Example Cannabis Reps & Permit Transfer/HSR Provisions
AGREEMENT AND PLAN OF MERGER
Coughlan v. NXP B.V.
M&A Drafting PowerPoint

Course Evaluation



10:05 am - 11:05 am: Sample Provisions
Drafting provisions related to warranties, indemnification, limitations of liability and ADR can feel like groundhog day, but it doesn’t have to be an exercise in repetition. Learn how to draft these omnipresent clauses once, and how to modify them for your other contract needs going forward.
Speakers:
Emily Gordon,
Hoban Law Group
Elliot Choi,
Vicente Sederberg, LLP
Katy Young,
Ad Astra Law Group, LLP
Rick Holzworth,
Fox Rothschild, LLP

Course Materials:
Contract Drafting Landmines
Consolidation Coal Co. v. Marion Docks, Inc.
Sample Provisions PowerPoint

Course Evaluation


11:10 am - 12:10 pm: Internal Documents
SOPs, policies on trade secrets, employee handbooks - take a look at internal drafting issues, red flags (and herrings) to keep track of, and other issues related to the documents that your clients ask you to draft for their own internal business needs.
Speakers:
Jamie Ware, Holistic Industries
Courtney Coppola,
Director, Florida Office of Medical Marijuana Use
Emily Gordon,
Hoban Law Group
Zack Kobrin,
Akerman, LLP
Sean Gallagher,
4 Front Ventures

Course Materials:
Maryland Medical Cannabis Commission – Bureau of Enforcement and Compliance
A Guide to Documentation and SOPs for Start Ups
A Guide to Effective Standard Operating Procedures
Department of Health Issues Cease and Desist Order to Medical Marijuana Grower/Processor  
Guide to Worker Safety and Health in the Marijuana Industry
MD Dispensary A-017 Inspections
Pennsylvania Code
Pennsylvania revokes marijuana growerʼs permit after weed mysteriously disappears
Sample Patient/Customer Informed Consent
State Medical Marijuana Laws
Step Up Your Cannabis Business SOPs: 12 Tips
Internal Documents PowerPoint

Course Evaluation

12:15 pm - 1:20 pm
NEW this year: Lunch Table Topics
Mary Shapiro,
Co-Chair of INCBA International Committee and Board Member
Karen Bernstein, INCBA Board Member

INCBA’s TableTopics is an excellent way for CLI attendees to share ideas, knowledge, suggestions, and experiences on a wide array of cannabis legal topics.  This 45-minute lunchtime moderator facilitated discussion puts you in the know: you can engage in in-depth discussions and meet like-minded colleagues dealing with similar issues. It's where everyone has the potential to contribute and where the rubber meets the road. Participate in TableTopics and gain the maximum experience during your time at the Cannabis Law Institute!

Each topic will be limited to 20 attendees, including moderators. So sign up now and reserve your spot at the TableTopic of your choice! Only one TableTopic per attendee, so select wisely!


Sign Up for TableTopics! 

Table Topic Available Outlines
Servicing MSOs Outline

Insurance Outline

Northeast Materials
Outline
Safe Streets
1961 Definitions
1962 Prohibited Activities
1964 Civil Remedies
Penn Report
Haverhill Complaint
Haverhill Zoning
Safe Streets v. Hickenlooper
NY Opt Out
Phily Cannabis Restrictions


1:30 pm - 4:45 pm Afternoon Sessions
New York Law School, 185 W Broadway, New York, NY 10013

Room 300

Industrial Hemp & 2018 Federal Farm Bill


1:30 pm - 2:30 pm: 2018 Farm Bill Update and Overview
Join us for an update on the implementation of the 2018 Farm Bill, interstate shipments of raw material, and information on retail CBD. Starting with an update on where we are around the country with newly filed state-level industrial hemp plans and the current status of interstate commerce with regard to industrial hemp material, we will then move onto other basic provisions of the hemp bill and the hemp markets, such as insurance, transport, and financing.
Speakers:
Courtney Moran,
Earth Law, LLC
Nolan Jackson,
Frost Brown Todd, LLC
Jose Alberto Campos Vargas,
Sanchez DeVanny
Michelle Bodian,
Vicente Sederberg, LLP

Course Materials:
2018 Farm Bill Definitions
USDA Legal Opinion
FDA is Committed to Sound, Science-based Policy on CBD
TESTIMONY OF ALEXANDRA DAPOLITO DUNN, ESQ.
Statement by Greg Ibach Under Secretary for Marketing and Regulatory Programs
Farm Bill PowerPoint

Course Evaluation

2:35 pm - 3:35 pm: CBD and Industrial Hemp
CBD remains a controversial substance: The Food Drug and Cosmetics Act bars its use as a food additive, but FDA enforcement has been limited. Where are we now with federal law as it relates to CBD, is CBD derived from industrial hemp treated differently from isolate derived from psychoactive cannabis, and what is the best way to position your client for success? With the rise of the new hemp economy, the competitive landscape continues to tighten, and, now more than ever, our clients need guidance on how the market will develop and where resources should be allocated.
Speakers:
Bill Bogot,
Fox Rothschild
Will Woodlee,
Kleinfeld, Kaplan & Becker, LLP
Rend Al-Mondhiry,
Amin Talati Wasserman, LLP
Khurshid Khoja,
Greenbridge Corporate Counsel

Course Materials:
2018 Farm Bill Definitions
CSA Marijuana Definition
FDA is Committed to Sound, Science-based Policy on CBD
FDA Request for Comment
What You Need to Know (And What We’re Working to Find Out) About Products Containing Cannabis
Testimony: Abernethy
CBD and Hemp PowerPoint

Course Evaluation

3:45 pm - 4:45 pm: State Level
What should a state-level hemp plan include? What are the competitive advantages and disadvantages of certain state-level programs over others? Are state-level markets worth harmonizing, and will we see a convergence of regulatory programs governing hemp growth, sale and distribution? And how can states deal with the residual THC that is a byproduct of producing CBD isolate from industrial hemp crops?
Speakers:
Lauren Rudick,
Hiller PC
Rod Kight,
Kight Law Office
Susan Hays,
Hays Law
Michelle Bodian,
Vicente Sederberg, LLP

Course Materials:
9th Circuit Opening Brief
9th Circuit Order
2018 Farm Bill
A Criminal Investigation Shows CBD, the Most Promising Part of Oregon’s Cannabis Industry, Still Faces Legal Threats.
UNITED STATES DISTRICT COURT DISTRICT OF IDAHO: BIG SKY SCIENTIFIC LLC
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION: C. Y. WHOLESALE, INC., et al.
SB-153 Industrial hemp.
UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION: FLANDREAU SANTEE SIOUX TRIBE, A FEDERALLY RECOGNIZED INDIAN TRIBE
STATE OF NEW YORK: S6184A
Ohio SB 57
State Level Hemp PowerPoint

Course Evaluation

Room 301

Disputes, Litigation, and ADR


1:30 pm - 2:30 pm: Complaints Against The Government
Are you applying for licenses in a competitive licensing jurisdiction and think your client has been unfairly overlooked? Is there a constitutional issue with how the government has acted, with the licensing process or otherwise? Has your local jurisdiction prohibited some commercial activity in violation of constitutional law? Look at the causes of action that practitioners have brought against their state and local governments, and the lessons you can bring to your own causes of action, and compare these approaches to suing the federal government.
Speakers:
Patrick Haggerty,
Frantz Ward, LLP
Tick Segerblom,
Former Nevada State Senator
Michael Hiller, Hiller PC
Henry Wykowski, Wykowski Law

Course Materials:
IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, OHIO CIVIL DIVISION: HARVEST OF OHIO, LLC
Assessing Different Types of Cannabis License Denial Challenges
DECISION AND ENTRY GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
Greenleaf Entry Granting TRO Preventing Issuance of Notice Paragraphs
Opinion Granting Writ of Mandamus
Complaints Against the Government PowerPoint

Course Evaluation

2:35 pm - 3:35 pm: Regulatory Proceedings and Enforcement Actions
What is the frequency with which companies are being subjected to enforcement from their state and local regulators? Are these enforcement actions corporate death sentences, or simply speed bumps? Take a look at how regulators are addressing those that are stepping outside of the regulatory lines, how you can keep your client off the regulators’ radars, and how to prepare your client for the unfortunate reality of enforcement in the cannabis space.
Speakers:
Jessica McElfresh,
McElfresh Law, Inc
Jon Robbins,
Akerman, LLP
Riana Durrett, Nevada Dispensary Association
Kimberly Simms,
Law Office of Kimberly R. Simms

Course Materials:
WARNING LETTER: Curaleaf, Inc
Enforcement So Far – Local and BCC
Regulatory Proceedings PowerPoint

Course Evaluation

3:45 pm - 4:45 pm: Alternative Dispute Resolution
ADR remains one of the most important instruments in the attorney’s doctrinal toolbox as we navigate a legal environment where the basic enforceability of contracts may be uncertain, the choice of venue and law can change the substantive outcome of disputes, and where our clients are financially squeezed at every turn. Take a look at how ADR can serve you, how to navigate the process, and how to convey the benefits of ADR to your clients.
Speakers:
Lara DeCaro,
Leland, Parachini, Steinberg, Matzger & Melnick, LLP
David Ruskin,
HMB Legal Counsel
Dean Richardson,
Moye White
Steve Schain,
Hoban Law Group
Phillip Neiman, JAMS

Course Materials:
CA Senate Bill 954ll
Federal Arbitration Act
Model Standards of Conduct for Mediators
Schein v. Archer
Senate Bill 954
USTP Memo (2017)
CA Evidence Code 1115-1129
CA Civil Code 1550.5
Arbitration Provision
ABA Code of Ethics for Arbitrators
The Cannabis Industry: Harvesting the Benefits of a Counter-Narrative Model to Arbitration
ADR PowerPoint

Course Evaluation