The National Cannabis Bar Association (NCBA) returns on July 25, 2018 to NCIA’s Cannabis Business & Summit Expo to provide a full day of Continuing Legal Education*. This year NCBA is proud to present six important topics crucial to providing legal assistance to established cannabis businesses to operate in a highly regulated environment. This year’s curriculum includes securing state and local authorizations and operating under their regulations, meeting environmental requirements, procuring insurance coverage, conforming with FDA requirements, and fulfilling the ethical requisites in this ever-changing field. Attendees will leave with the tools necessary to help guide their clients through this shifting landscape and prepare for a new national cannabis economy.
*MCLE approval in California, Colorado and New York. Inquire with NCBA for CLE credit hours for additional states.
July 25, 8:30am registration; 9am--5:30pm CLE
Educational Content sponsored by our friends at:
9:00-11:00 am Securing State and Local License and Permits
Description: Legal cannabis operators must secure state licenses and local permits, and operate under substantial compliance obligations to remain on the right side of the law. But where does this process start? Our attorneys will take you through determining the path: picking a jurisdiction in which to operate, making contact with members of the government to help navigate the bureaucratic process at both the state and local levels, what is required to obtain authorization to operate on a local level, how local regulations interact with state law, and who you need in your corner to make it all happen.
Let us take you through everything you need to know about procuring your necessary state and local licenses, permits, and authorizations.
Speakers: Michael Chernis, Corinne Celko, Jamie Lewis, Henry Wykowski, and Josh Kappel
- City of Montebello: Notice of Accepting Applications to Operate Commercial Cannabis Activities
- West Hollywood Final Criteria for Cannabis Business Application
- Culver City Scoring Sheet for Cannabis Storefronts
- OLCC - Producer Application Packet
- OLCC - Land Use Compatibility Statement
- OLCC - Marijuana Business Corporate Questionnaire
- OLCC - Marijuana LLC Questionnaire
- OLCC - Marijuana Individual History Form
- City of Portland: Marijuana Regulatory License Application
- City of Portland: Personal History Form
- City of Portland: Marijuana Producer Application Checklist
11:15-12:15 Environmental Law
Description: Environmental regulations have become a significant point of emphasis in legal cannabis markets. Contamination from the historical illegal market has struck fear in environmental activists and agencies designed to protect our water tables and other natural resources, and has dictated a strict tone going forward.
From water conservation and riparian rights, to the intersection of cannabis contamination testing standards with prohibition on certain chemicals for environmental reasons, explore the current status of state-level environmental regulations, any federally applicable standards, and the future of compliance in environmental law at different verticals of the cannabis industry.
Speakers: Aaron Johnson, Corinne Celko, and Joanna Hossack
- Water Use handout from the Oregon Water Resources Department (OWRD)
- OWRD Application for New Surface Water Rights (OWRD)
- Marijuana Waste Management handout from the Oregon Liquor Control Commission (OLCC)
- CA Dept. of Fish & Wildlife: General Lake or Streambed Alteration Agreement for Activities Related to Cannabis Cultivation
1:00-2:15 Making Health Claims under FDA Scrutiny
Description: Do you know what your employees are claiming about the health benefits of the products they are selling for you? You should.
The FDA keeps a close eye on health claims made in the US, by not only advertisements seen on a wide scale, as well as claims made by specific employees. If you want to stay off the radar of the federal agency that perhaps may play the biggest role in regulation of the legal cannabis market going forward, make sure you know what they allow and what will raise a red flag you don’t want to wave. Learn the lessons from other industries, including the alcohol industry, to make sure you stay on the right side of this powerful federal agency.
Speakers: Rebecca Stamey-White, Diane Romza-Kutz, Emily Leongini, Shawn Hauser, and Mary Shapiro
- Farm Bill - 2014
- 2016 - Omnibus Appropriations Hemp Bill
- Clarification of the New Drug Code 7350
- DEA Directive Regarding the Presence of Cannabinoids in Products and Materials Made from the Cannabis Plant
- Indiana State Act 52
- New Drug Code for Marijuana Extract
- 2016 - Final Rule: Establishment of a New Drug Code for Marijuana Extracts
- FDA Statement of Principles on Industrial Hemp
- Public Health Focus - FDA and Marijuana: Questions and Answers
- OLCC: Hemp Information Bulletin
- Colorado Industrial Hemp Policy
- Colorado HB 18-1295
- Hemp Law: Letter from Mitch McConnell to Honorable Thomas J. Vilsak
- Oregon HB 4089
- CDPH: FAQ Industrial Hemp and CBD in Food Products
- CDPH: U.S. Hemp Roundtable Comments
- Washington: HB 2334-S2
- Michigan: LARA Advisory Bulletin on Industrial Hemp
2:30-3:45 Insurance: Spotlight on California
Description: Using examples from California’s existing and growing insurance market for the cannabis industry, explore the general principles that apply in every jurisdiction. The California Department of Insurance has approved certain carriers and policies, creating some opportunity to pursue standardized insurance policies that create certainty over individualized policies. At the same time, individualized policies are often necessary to address a set of risks that are not covered under accepted policies, and play an important role in risk management. Join lawyers, brokers, and Camille Dixon, the head of the California Department of Insurance to explore the benefits and limits of existing policies and the future of the insurance market focusing on California as an example.
Speakers: Jason Horst, Camille Dixon, Stephanie Moriarty, James Marek, and Shay Aaron Gilmore
- CA Bureau of Cannabis Control Proposed Text of Regulations
- CA Code of Regulations Title 17, Chapter 13: Manufactured Cannabis Safety
- Commercial Cannabis Insurance Requirements - Culver City, CA
- CA Ordinance 185344
4:00-5:00pm Ethics- Competency: Legal Knowledge and Preparation
This special credit (one hour) ethics panel will consider how a lawyer can acquire the requisite knowledge and skill to address a particular issue or opportunity in the cannabis industry. Issues such as the relative complexity and specialized nature of the matter, the lawyer's general experience, the lawyer's experience in the cannabis industry, the preparation the lawyer is able to give the matter, and whether it is feasible to refer the matter to a lawyer of established competence in the cannabis field, will be discussed.
Speakers: Phil Cherner and Sean McAllister
- CA Rule 3-110 - Failing to Act Competently
- ABA Professional Rules of Conduct - Rule 1.1
- ABA Professional Rules of Conduct - Rule 1.1 Comment
- Colorado Professional Rules of Conduct Rule 1.1
- Washington Professional Rules of Conduct - Rule 1.1
Networking Event and Happy Hour!
211 S 1st St, San Jose, CA 95113
Mingle with your colleagues after the show and join us for happy hour and light bites on July 25 at Mosaic Restaurant and Lounge. Mosaic is a lively, sophisticated downtown San Jose restaurant/bar featuring American and Asian fusion cuisine, tempting desserts, signature cocktails,
and if you're game... 2 outdoor Bocce Ball Courts!
Happy Hour Social sponsored by: