Leading Issues Update: 5/19/21

The leading issues committee continues to act as the think tank for INCBA, identifying issues on the horizon both for legal practitioners serving the cannabis industry, as well as the INCBA itself.

Today, INCBA Executive Director Christopher Davis was joined by INCBA Board Member and Chair of the Leading Issues Committee Meital Manzuri, Founding INCBA Board Member Omar Figueroa, INCBA General Counsel Henry Wykowski, INCBA Founding Board Member Lara DeCaro, and Student Member Tyler Hastings.

We discussed a variety of issues, as well as proposed projects for INCBA to undertake, including, among others:

  • US state-level harmonization of regulation, and how INCBA may help the effort to arrive at a set of consistent regulations that allow for states to reflect their specific values in their regulatory systems. Among difficult issues facing harmonization efforts in anticipation of inter-state cannabis markets are:
    • Protection of existing market participants, especially smaller producers that may be pushed out by interstate commerce.
    • The difficulty of creating cohesive supply chains that are subject to multiple different regulatory standards.
    • Selecting a set of regulations against which to start a comparative analysis.
    • Dormant commerce clause issues in regulation.
  • Legislation introduced at the federal level, inclusion the new Joyce Bill, and the anticipated Schumer proposal.
  • A discussion of establishing federal protections against criminal or ethics sanctions for lawyers serving the cannabis industry.
  • A discussion of addressing the Federal Rules of Evidence to examine how the Bar Association could endorse the preservation of attorney-client privilege in federal cases.

The committee is open to adding additional members – if you are an interested INCBA Member, join the committee today – next meeting June 16, 2021!