Approved for 3.5 CLE in FLORIDA

Approved for 3 CLE in CALIFORNIA

In 2016 almost half of the states have enacted laws to legalize medical marijuana. Colorado and Washington have already completely legalized recreational pot consumption and Florida has it back on the ballot in November. As the marijuana industry prepares to enter new states and new markets attorneys have a need to get out in front of these issues and the changing legal landscape to embrace and become a part of this emerging practice area. Is your practice ready to take a leadership position in the marijuana law space? Do you have the knowledge and skill set to guide clients through an ever-changing regulatory maze? What are the key strategies that make a successful cannabis attorney? Do you know what it takes to navigate these complex regulatory state licensing regimes? To get a better idea on the opportunities and risks associated with entering this emerging practice area, Legal Learning Series will look to provide fascinating insight into the world of legalized marijuana and the numerous legal considerations faced by businesses involved in the marijuana industry.

TOPICS

Marijuana Law 101: Entering the Marijuana/Cannabis Legal Field
Presenter: Jonathan Robbins, Partner, Akerman

Ethical Considerations for Attorneys Practicing in the Cannabis Space

            Does the FL Bar prohibit me from counseling clients in the cannabis space:

• What should I advise my clients regarding federal law?
• Businesses that “touch the plant”
• Ancillary Services
• Best practices

A Florida constitutional amendment is on the ballot this November:

• Background / explanation of Amendment 2
• What can my clients who wish to become “Gangapreneurs” do now to prepare?
• Risk vs. Rewards – is this business right for me?

A preview of what to expect on the state and federal level:

• States to watch in the 2016 election

• Medical legalization
• Recreational / adult use legalization

• What’s going on with the Feds?

• The Controlled Substances Act
• An evolving federal attitude towards cannabis

Cannabis Impaired DUI Defense
Presenter: Carlos Canet, Law Office of Carlos A. Canet, P.A.

Statute Overview:  Fla. Stat. 316.193

• Implied Consent Provisions Fla. Stat. 316.1932

• Approved Testing

• Legal Request
• Collection & Storage
• Testing Methods
• Challenges

Theories of Defense

• Video Evidence
  • Disconnection

• Chemical Test Results
  • Time of Ingestion
  • Route of Ingestion
  • Metabolism

• Refusal

Operating in a Regulatory Environment
Presenters: Daniels Sparks, Dir of Government Affairs, BioTrackTHC

&
David Kotler, Medical Marijuana Business Lawyers LLC

What is cannabis traceability?

• Government traceability – Allows states to adhere to the Cole memo directives
• Private sector/business traceability – allows businesses to comply with state/local law and provides key metrics to business owner

Recreational/Adult Use programs vs. Medical programs

• Requirements – for profit, non-profit, reciprocity of medical reccomendations, local gov involvement (ordinance development, zoning)
• Similarities/Distinctions

Federal Gov

• Implications of schedule 1 – restrictions on clinical trials, IRC 280-e, no interstate commerce
• DEA flirting with schedule 2 – won’t absolve cannabis businesses from 280-3, enter Big Pharma, could require doctor recommendation even in Adult Use/Recreational states

Regulatory Issues

• Education the key to be an effective counsel within the industry

• Overview of the different Models – Oregon  through New York/Maryland (less regulated to more regulated and merit based)

• The lawyer’s role in those models

• Application Assistance

• (Practicing law without a license?)
• Don’t bite off more than you can chew – do what is in your wheelhouse

• Business Formation and Assistance

• Formation
  • Inc vs llc/ 280E and the accountant role
  • Management Companies

• The gamut of work

• Licensing/Cross Border
• Business Agreements
• IP
• Zoning and Real Estate
• Clauses specific to the industry
  • Regulatory Change
  • Illegality Defense
  • Morals Clauses

• Insurance
  • Language in policies
  • Due diligence

• Investment in the Industry and the Lawyers Role
  • Fees
  • Documentation

Location
RECORDING ONLY

Event Cost
$0.00