Interstate Cannabis Agreements: What an attorney should know

Jodi Green
Jodi Green
Miller Nash LLP

Jodi Green is a business and litigation attorney in Miller Nash LLP’s Los Angeles office. After protecting insurance companies from up to billion dollar liabilities in her early career, Jodi now advises forward-thinking organizations in high-risk industries.

Ben Pirie
Ben Pirie
Miller Nash LLP

Ben Pirie counsels cannabis businesses on a wide range of corporate and regulatory needs. He advises on mergers and acquisitions, negotiating complex contracts and corporate governance.

On-Demand: November 10, 2022
Interstate Cannabis Agreements: What an attorney should know

$195.00 2 hour CLE

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Program Summary

Despite the majority of states having legalized some form of cannabis, it remains federally illegal. The conflict between state and federal law creates a significant headwind for cannabis businesses looking to expand beyond their state of origin. Reproducing operations in each new state with its own unique set of regulations can be cost-prohibitive, so cannabis business owners need to find creative workarounds to expand into new territories.

This webinar will begin by discussing the history of state and federal regulation of cannabis, and the current regulatory landscape. The panelists will then discuss cross-border licensing agreements, present an analysis of common terms in interstate agreements, and review how these principles can be applied to cannabis industry contracts generally. Finally, they will explore more exotic solutions to the question of interstate cannabis commerce, as well as the similarities and differences between interstate commerce in cannabis and hemp.

Key topics to be discussed:

  • History of cannabis legislation and regulation
  • Interstate cannabis contracts, key terms, and traps for the unwary
  • Recent case law and discussion of dormant commerce clause
  • Interstate cannabis compacts and related legislation, pitfalls, and considerations

Date: November 10, 2022

Closed-captioning available

Speakers

Jodi Green_Miller Nash LLP_myLawCLEJodi Green | Miller Nash LLP

Jodi Green is a business and litigation attorney in Miller Nash LLP’s Los Angeles office. After protecting insurance companies from up to billion dollar liabilities in her early career, Jodi now advises forward-thinking organizations in high-risk industries, such as cannabis, on how to protect their businesses and avoid disputes.

Jodi sits on executive boards and committees within several cannabis-focused organizations, including the Risk Management and Insurance Committee of the National Cannabis Industry Association; the Cannabis Executive Committee of the LA County Bar Association; and the Advisory Board of the media company Cannigma. She is also a proud leader within several women’s groups, including Chief and the Women in Psychedelics Network Advisory Board.

Jodi is also a sought-after author and dynamic public speaker. She is frequently quoted as a legal commentator by Law360 and authored an online course on “Managing the Risks of Cannabis-Related Businesses” for ALM Media/National Underwriter. In the past five years, she has spoken at over thirty events hosted by organizations such as CanXpo, NCIA, American Bar Association, Defense Research Institute, Claims & Litigation Management Alliance, and Insurance Business America, among other organizations.

Jodi received a J.D. from the DePaul University College of Law, magna cum laude; a Certificate in Mediating Disputes from Harvard Law School; a B.A. in English from The Ohio State University; and is completing a Certificate in Sustainable Capitalism and Environmental, Social, Governance (ESG) from Berkeley Law. She was recognized as a Rising Star by Super Lawyers for five consecutive years.

 

Ben Pirie_Miller Nash LLP_myLawCLEBen Pirie | Miller Nash LLP

Ben Pirie counsels cannabis businesses on a wide range of corporate and regulatory needs. He advises on mergers and acquisitions, negotiating complex contracts and corporate governance, as well as regulatory compliance in the emerging cannabis and hemp industries. Since the passage of Oregon’s Measure 91, Ben has helped cannabis clients from labs to retailers to obtain and keep every type of recreational marijuana license from the Oregon Liquor Control Commission.

He is experienced in structuring complex transactions that provide cannabis brands with access to interstate markets without violating state laws or federal enforcement priorities. Ben is active in engaging with federal, state, and local regulators in order to ensure common sense, business-friendly regulation of the marijuana industry.

Ben’s practice has scaled with the cannabis industry. As a solo practitioner in 2015, he organized the LLCs that received some of the first OLCC retail licenses. Today, he counsels multinational companies navigating mergers and acquisitions worth tens of millions of dollars. Ben’s understanding of a broad array of issues facing cannabis companies allows him to act as liaison between industry stakeholders and the full array of services offered by Miller Nash.

Ben has been recognized nationally for his work in the cannabis industry by Chambers USA. Ben is currently a member of the Executive Committee for Oregon State Bar’s Cannabis and Psychedelics Section. He received a J.D. from Lewis & Clark Law School and a B.A. in art history and chemistry from Duke University.

Agenda

I. History of cannabis legislation and regulation | 3:00pm – 3:30pm

II. Interstate cannabis contracts, key terms, and traps for the unwary | 3:30pm – 4:00pm

Break | 4:00pm – 4:10pm

III. Recent case law and discussion of dormant commerce clause | 4:10pm – 4:40pm

IV. Interstate cannabis compacts and related legislation, pitfalls, and considerations | 4:40pm – 5:10pm