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Legal Trends in the Cannabis Industry

$195.00

Re-Broadcast on May 23, 2017

In Legal Trends In The Cannabis Industry we will address current issues facing attorneys working with cannabis industry clients. The course will provide an overview of the tension between federal and state law, cover the Cole Memorandum, and address the current federal policy on enforcing the Controlled Substances Act (“CSA”) against those acting in compliance with state cannabis laws.  We will discuss case law dealing with the question of whether the CSA preempts state cannabis laws, an issue of critical importance to the industry. The course will then turn to the Ninth Circuit ruling in United States v McIntosh, 833 F3d. 1163 (9th Cir. 2016), a ruling with significant implications for the industry. We’ll cover recent decisions in a contract case and an insurance coverage cases where courts grappled with defendants who asserted illegality defenses in cases involving cannabis industry actors. We’ll discuss how bankruptcy courts have handled filings by cannabis businesses, and possible state law options for distressed cannabis businesses. Finally, the class will cover recent developments concerning the ethical implications of representing clients in the cannabis industry.

This course is co-sponsored by Wolters Kluwer.

Key topics to be discussed:

  • State Cannabis Law and the federal Controlled Substances Act
  • Basic Preemption Concepts
  • Understand the Ninth Circuit ruling in United States v McIntosh, 833 F3d. 1163 (9th Cir. 2016)
  • Recent Decisions court’s ruling on cannabis industry parties
  • Unique issues faced by cannabis businesses
  • Basic ethical issues facing attorneys practicing in this area

 
Date / Time: May 23, 2017

  • 2:00 pm – 4:00 pm Eastern
  • 1:00 pm – 3:00 pm Central
  • 12:00 pm – 2:00 pm Mountain
  • 11:00 am – 1:00 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.

Clear

Re-Broadcast on May 23, 2017

HananKolkoHanan Kolko is the co-chair and co-founder of the Meyer, Suozzi, English & Klein Medical Cannabis practice group. As a member of the National Cannabis Bar Association’s Amicus Committee, Mr. Kolko works with individuals and businesses in the cannabis industry. He assists on matters including state law license application issues, regulatory compliance, legislative drafting and analysis and governmental investigations. Mr. Kolko often speaks on cannabis industry legal issues. He has spoken in forums sponsored by organizations such as, Crain’s New York, Cardozo Law School, Women Grow, the Long Island Association, the Cannabis and Hemp Association, and the International Cannabis Association. He has also made cannabis law CLE presentations on behalf of CLE providers including Cardozo Law School, the Nassau County Bar Association, the Theodore Roosevelt Inn of Court, Law Lines, and Clear Law Institute. Mr. Kolko is also the co-author of a New York Law Journal article entitled “Marijuana Advertising and The First Amendment.”

Mr. Kolko serves on the boards of the Freelancers Union and the Freelancers Insurance Company. He is the former co-chair of the Committee on Technology in The Workplace of the ABA’s Labor and Employment Section. Since 2012, Mr. Kolko has been recognized by New York Super Lawyers.

Mr. Kolko received his J.D. from University of Michigan in 1985, graduating cum laude with a Book Award in Labor Law. He received his B.S. from Cornell University in 1982, where he studied Industrial and Labor Relations.

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

CLE 2.00 – AK
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CLE 2.00 – CA
CLE 2.40 – CO
CLE 2.00 – DE
CLE 2.40 – FL
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CLE 2.00 – HI

CLE 2.00 – IA
CLE 2.00 – ID
CLE 2.00 – IL
CLE 2.00 – IN
CLE 2.00 – KS
CLE 2.00 – KY
CLE 2.00 – LA
CLE 2.00 – ME
CLE 2.00 – MN
CLE 2.40 – MO

CLE 2.00 – MP
CLE 2.00 – MS
CLE 2.00 – MT
CLE 2.00 – NC
CLE 2.00 – ND
CLE 2.00 – NE
CLE 2.00 – NH
CLE 2.40 – NJ
CLE 2.00 – NM
CLE 2.00 – NV

CLE 2.40 – NY
CLE 2.00 – OH
CLE 2.40 – OK
CLE 2.00 – OR
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CLE 2.00 – PR
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CLE 2.00 – SC
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CLE 2.00 – TX

CLE 2.00 – UT
CLE N/A – VA
CLE 2.40 – VI
CLE 2.00 – VT
CLE 2.00 – WA
CLE 2.40 – WI
CLE 2.40 – WV
CLE 2.00 – 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.

Reciprocity
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.

Section I. Understand the tension between state cannabis law and the federal Controlled Substances Act (“CSA”)

Section II. Learn the basic preemption concepts and how courts have addressed claims that the CSA preempts state cannabis law

Section III. Understand the Ninth Circuit ruling in United States v McIntosh, 833 F3d. 1163 (9th Cir. 2016), the issues that decision left unresolved, and the impact of this decision on those in the industry

Section IV. Become familiar with recent decisions where courts have ruled on the illegality defense asserted by cannabis industry parties

Section V. Learn about the unique issues faced by cannabis businesses that have attempted to file for protection in the federal bankruptcy courts

Section VI. Understand the basic ethical issues facing attorneys practicing in this area and learn about recent ethics developments