Collateral Consequences of Marijuana Laws: Defending Clients against Marijuana Charges with the Least Impact on Immigration, Licensing, Housing & Education


Re-Broadcast on April 28, 2017

As of January 2017, recreational marijuana use is legal in eight states: California, Oregon, Washington, Alaska, Colorado, Washington D.C., Nevada and Massachusetts. (Legalization in Maine does not take effect until “30 days after the Governor certifies the election results.”)

Twenty-eight (28) states, plus Washington, D.C. and Guam, have legalized medical marijuana, although in the most recent three states – Arkansas, North Dakota and Florida – the laws have not yet taken effect.

Unfortunately, under Federal Law, marijuana is still considered a Schedule I Substance under the Controlled Substances Act, with no accepted medical use and a strong potential for dependency, thus making its sale and possession punishable as harshly as narcotics such as cocaine and heroin.

In this program, attorneys Rochelle S. Berliner, Shelley Albert and Ami Kim discuss the conflict between state and federal law and the collateral consequences of a marijuana conviction in terms of immigration, licensing, housing and education.

This course is co-sponsored by Wolters Kluwer.

Key topics to be discussed:

  • Federal Marijuana laws
  • State medical marijuana and legalization statutes
  • Collateral consequences of a marijuana conviction in connection with, among other things, immigration, professional licensing, education and housing
  • How state laws are affected by federal law
  • How to defend your client from a marijuana charge

Date / Time: April 28, 2017

  • 2:00 pm – 5:15 pm Eastern
  • 1:00 pm – 4:15 pm Central
  • 12:00 pm – 3:15 pm Mountain
  • 11:00 am – 2:15 pm Pacific

Choose a format:

  • Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
  • On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

All Access Pass: Before you buy, access this class and all other myLawCLE programs, over 120 new live classes every year, for only $69 dollars per month. Purchase the All Access Pass first. Click here for more information.


berlinerRochelle S. Berliner Upon graduating New York Law School in June 1991, Ms. Berliner began her legal career as an Assistant District Attorney in the office of Robert M. Morgenthau, the New York County District Attorney. She spent two years working in the Appeals Bureau, writing briefs and arguing them in the Appellate Division, First Department. She then spent another twelve years in the Office of the Special Narcotics Prosecutor. While there, Ms. Berliner worked on long-term and short-term drug investigations, a lengthy wiretap case and hundreds of street-level drug sale and possession cases. During that time, Mr. Berliner tried approximately 50-60 cases to verdict and acquired extensive litigation skills and experience.

Before leaving the Office of Special Narcotics, Ms. Berliner received a Certificate of Appreciation from the New York Police Department’s Detectives Endowment Association.

Ms. Berliner left the District Attorney’s Office in 2005 to begin her own criminal defense practice. For nearly twelve years, she has provided vigorous and compassionate criminal defense for men, women, and adolescents in New York City, and in Nassau and Suffolk Counties.

Ms. Berliner also represents victims of police brutality and official misconduct in Federal Court in the Eastern and Southern Districts of New York. In 2008, in the case of Colon v. City of New York, Detective Stephen Anderson and Detective Henry Tavarez, et al., Ms. Berliner exposed rampant misconduct within the NYPD’s Queens Narcotics unit. The case involved the two named detectives fabricating a drug sale and falsifying police reports against four completely innocent men; the entire evening was recorded on surveillance video from the bar in which this “sale” was alleged to have taken place. After convincing members of the Queens County District Attorney’s Office that the drug sale charges against her client were fabricated, the District Attorney dismissed all of the charges against Ms. Berliner’s client, his brother and two of their friends. The District Attorney then brought criminal charges against the two detectives, who pled guilty and are now convicted felons; one of them went to prison. The case also opened the doors to multiple other charges of police misconduct, both in criminal cases and civil rights lawsuits.

Ms. Berliner is admitted to practice law in New York State as well as the federal courts in the Southern and Eastern Districts of New York.

Ms. Berliner has lectured on marijuana law for Lawline and for the Cannabis Career Institute. She is an active member of the New York State Bar Association, the Queens County Bar Association, The New York State Association of Criminal Defense Lawyers, the National Association of Criminal Defense Lawyers, the New York State Defenders Association, the National Police Accountability Project, the National Organization for the Reform of Marijuana Laws (NORML) Legal Committee, and the New York Cannabis Bar Association.

Mr. Berliner received her B.A. Degree in Broadcast Journalism from New York University in 1981. She began her first career in journalism as a newscaster at a Connecticut radio station, and then became a political correspondent for a statewide radio network in Connecticut, covering the state legislature and other political stories of statewide interest, including gubernatorial and senatorial campaigns and elections. Ms. Berliner was also the news director and morning anchor at another Connecticut radio station. She then became the on-air talent and a scriptwriter for a nationally-syndicated ski report and beach report, aired on about 200 radio stations across the country. Before starting law school, Ms. Berliner did commercials and voice-over work in New York City.

shelley-albertShelley Albert graduated from law School at Temple University in 1990. She went immediately to Manhattan where for five years, Ms. Albert served as an Assistant District Attorney under the legendary Robert M. Morgenthau in the trial division of the New York County District Attorney’s Office. There she prosecuted and was in charge of investigations including robbery patterns, fraud, and street crimes. Ms. Albert was on the Homicide Chart and in the prestigious Sex crimes bureau while in the Manhattan District Attorney’s Office.

After leaving the Manhattan DA’s office, and for the past 22 years, Ms. Albert established herself successfully in private practice, focused on criminal defense and all aspects of family law litigation, including domestic matters and international parental abduction (IPK matter). Ms. Albert is currently a partner in the firm of Dario Albert Metz & Eyerman, with offices in New Jersey and in Manhattan. In addition to her private practice, Shelley and her partner, Carole Gold, work in an innovative jury selection practice known as The Jury Whisperer, where they assist attorneys in the jury selection process. Ms. Albert’s courtroom and jury experience are central to her current role with The Jury Whisperer, where she and Ms. Gold offer clients cutting-edge effective jury selection as well as document and witness evaluation. Together, Ms. Albert and Ms. Gold deliver a unique blend of proven courthouse techniques, upgraded to incorporate Ms. Gold’s special intuitive results-driven skills. Together they also teach a CLE class in Jury Selection.

Ms. Albert is known nationally, thanks in part to her guest appearances on CNBC, MSNBC, Fox News and other networks, as well as presenting CLE programs for Lawline. A member of Mensa, Shelley mentors young attorneys through the Trial Lawyers Association and has provided pro bono assistance to Legal Services of New Jersey to assist victims of domestic violence in the New Jersey Court process. Ms. Albert is a member of the State Bars of New York, New Jersey and Pennsylvania, the Eastern and Southern Districts of New York, the District of New Jersey and the United States Supreme Court.

ami-kimAmi P. Kim is a graduate of St. John’s University School of Law where she served as Editor-in-Chief of “The Forum,” the law school newspaper, and as President of the Criminal Law Society. Ms. Kim is a former volunteer at the Innocence Project where she helped prisoners gain access to post-conviction DNA testing for the purpose of exoneration. Since 2011, her practice has included criminal defense and civil rights litigation involving police misconduct. She has also represented numerous people seeking political and religious asylum in Immigration Court. Additionally, she has experience handling cases involving the immigration consequences of criminal convictions.

Prior to her career as an attorney, Ms. Kim worked as a paralegal at Fitzpatrick Cella Harper & Scinto, an intellectual property law firm. She then moved into the fields of advertising and graphic design before owning a business that included a retail store.

Ms. Kim has presented a CLE for Lawline, in which she focused on the immigration consequences of marijuana convictions.

In addition to working in private practice as a solo practitioner, Ms. Kim also works as Of Counsel to the Law Office of Rochelle S. Berliner. She is admitted to practice law in New York State and is a member of the Queens County Bar Association.

CLE Accreditation:
mylawCLE seeks approval in all states except VA.

CLE 3.00 – AK
CLE 3.00 – AL
CLE 3.00 – AR
CLE 3.00 – AZ
CLE 3.00 – CA
CLE 3.60 – CO
CLE 3.00 – DE
CLE 3.60 – FL
CLE 3.00 – GA
CLE 3.00 – HI

CLE 3.00 – IA
CLE 3.00 – ID
CLE 3.00 – IL
CLE 3.00 – IN
CLE 3.00 – KS
CLE 3.00 – KY
CLE 3.00 – LA
CLE 3.00 – ME
CLE 3.00 – MN
CLE 3.60 – MO

CLE 3.00 – MP
CLE 3.00 – MS
CLE 3.00 – MT
CLE 3.00 – NC
CLE 3.00 – ND
CLE 3.00 – NE
CLE 3.00 – NH
CLE 3.60 – NJ
CLE 3.00 – NM
CLE 3.00 – NV

CLE 3.60 – NY
CLE 3.00 – OH
CLE 3.60 – OK
CLE 3.00 – OR
CLE 3.00 – PA
CLE 3.00 – PR
CLE 3.60 – RI
CLE 3.00 – SC
CLE 3.00 – TN
CLE 3.00 – TX

CLE 3.00 – UT
CLE 3.60 – VI
CLE 3.00 – VT
CLE 3.00 – WA
CLE 3.60 – WI
CLE 3.60 – WV
CLE 3.00 – WY

Accreditation Policy
myLawCLE will seek credit where attending attorneys are primarily licensed for all of its live webinars and live teleconferences, except in states which allow for reciprocity (see reciprocity section below). Credit for CLE in a self-study format is sought for in most states; however, some states do not allow for CLE credit to be earned in a self-study format (see the self-study section below). Many states typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. Credit hours granted are subject to approval from each state.

Additionally, some states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, CO, FL, ME, MT, ND, NH, NJ, NY, PR, and SD. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

On-demand CLE
myLawCLE will seek on-demand approval in all states except Virginia and Arkansas (outside reciprocal provisions stated above).

myLawCLE Credit Guarantee
myLawCLE offers a program and credit approval guarantee. If a registered attendee is unhappy with a CLE program they have attended, myLawCLE will offer that attended access to another complimentary CLE or a full refund in order to insure the attendeeís satisfaction.

Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.