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Friday, July 28
9:00 am – 10:00 am
Breakfast and Check-In
10:05 am – 10:55
Opening Keynote by Robert Raich
Robert Raich, a pioneer in the field of medical cannabis legalization, will talk about his journey from local advocacy to the Supreme Court of the United States. Mr. Raich will discuss the sordid history of marijuana prohibition, the checkered path toward cannabis legalization, and the course of new recognition of marijuana jurisprudence as a legitimate law practice. He will share some war stories from United States v. Oakland Cannabis Buyers’ Cooperative, 532 U.S. 483 (2001), and Gonzales V. Raich, 545 U.S. 1 (2005). Mr. Raich will also address diverse models of cannabis regulation, and will compare the effectiveness of different approaches to erode marijuana criminalization.
11:00 am – 12:15 pm
Marijuana Law Reform: Social Justice in Cannabis Laws?
Featuring: Sam Kamin, Allen Hopper, Jason Ortiz, Kate Bell, Shelli Hayes
A discussion about using marijuana law reform to address issues of Social justice with respect to the Criminal justice system. The panelists will discuss whether historically disadvantaged Communities and those affected the most by the drug War can benefit under a new regime where cannabis is taxed and regulated.
Intro to MJ Business Law: Tips, Tricks, and Potholes
Featuring: Brian Vicente, Lewis Koski, Hank Handelsman, Bob Hoban, Lauren Davis
A discussion of best practices in marijuana business law from a group of esteemed, national experts. Topics include educating attorneys on evaluating risk for their clients and staying Current on evolving laws. Using Colorado as a basis, but providing perspective from other states, the panel will discuss a regulator’s perspective on business operations and Compliance.
12:15 pm – 1:00 pm
Pick Up Lunch
1:00 pm – 2:00 pm
Lunchtime Keynote by Matthew Houtsma
Matt Houtsma will discuss Internal Revenue Code Section 280E and the various court cases interpreting and applying that Code section. He will share IRS guidance dealing with the application of this code section on cannabis businesses. He also will discuss other court cases involving the cannabis industry and the IRS, including summons enforcement and cases regarding collection of taxes.
2:15 pm – 3:30 pm
Cultivating Intellectual Property: Registering Patents and Trademarks
Featuring: Viva Moffat, Matt Lapple, Mary Shapiro, Jason Moscovici, Jamin Horn, Jeremy Kapteyn
There are many myths and a lot of misinformation about what can and cannot be registered at the United States Patent and Trademark Office. This session focuses on the standards for registration and best practices for laying the groundwork to obtain federal patent and trademark registrations.
Internationalism, Federalism, and States’ Rights
Featuring Sam Kamin, Rob MikOS, Alex Kreit, Allen Young, Nancy Leong
How is it possible for a cannabis industry to exist at a state level in light of the federal prohibition against cannabis? It’s a question answered by this panel. Join the law professors for a Conversation about the interaction of international, federal, state, and local laws from the perspective of the US and Canada. The panel will dig into the details of how states have and can continue to legalize cannabis despite the federal prohibition, whether cannabis may be transported across state lines where two adjacent states have both fully legalized cannabis, whether cannabis may be transported internationally, the effects of preemption, and how Canada has achieved legalization through a different approach.
3:30 pm – 3:45 pm
3:45 pm – 5:45 pm
The Eastern Tiger: How Emerging Markets Are Taking Shape East of the Mississippi
Featuring: Matt Abel, Jeff McCourt, Dina Rollman, Jason Klein, Jon Robbins, Karen Bernstein, Catia Kossovsky
In recent years the eastern half of the Country has begun to come into its own as many new, exciting markets roll out medical and recreational cannabis programs. You will hear from experts in some of the most exciting emerging markets out east including Maryland, Pennsylvania, Michigan, and Illinois, and Ohio.
NCBA Eastern Tigers
The Laws and Regulatory Systems of the West
Featuring Mitzi Vaughn, Leland Berger, Jason Brandeis, Charlie AloVisetti, Kimberly Simms
The ever-changing landscape of Cannabis regulations on a state-by-state basis Creates an incredibly challenging regulatory system for those seeking to either advise on or enter the exploding cannabis marketplace. Despite the excitement about this rapid change and growth within our industry, there are still many obstacles to overcome and choices to be made about where, when, and how to operate. Learn from leading experts advising in Western states about the legislation that impacts each state as well as the unique challenges each state faces as it emerges out of the black market and into an era of cannabis compliance.
6:00 pm – 6:45 pm
Keynote: Senator Tick Segerblom in Conversation with
In November 2016, Nevada voters agreed to legalize and regulate marijuana like alcohol. Senator Segerblom was instrumental in this movement and the campaign. He continues to take a public and positive position on the reform of cannabis laws in his state, including by being the first person in line to purchase adult-use cannabis in Las Vegas at the Wee hours of June 30, 2017. Senator Segerblom has not stood on the sidelines during the implementation of the new laws in his state — in fact, he has been active in the development of the regulations and in overseeing and supporting the launch of the adult-use program. Senator Segerblom joins Lara DeCaro in a conversation about the reform movement in Nevada, the role of the casino, alcohol, and tourism industries, tax law reform and the tax revenue impact from legal cannabis, and his perspective on the future of cannabis law reform in Nevada and throughout the United States and at a federal level.
6:45 pm – 9:00 pm
Remarks by Shawn Hauser and Kayvan Khalatbari
Saturday, July 29
8:30 am – 9:00 am
Breakfast / Check-In
9:00 am – 10:00 am
Cannabis Labeling, Packaging, and Advertising: Laws and Regulations
Featuring Amanda Conley, Chloe Grossman, Manpreet Singh, Amanda Ostrowitz
The cannabis industry is rife with rules and regulations dictating the manner and style of packaging, the language and Warnings required to be included on product labels, and the advertisement of good and services within the industry. This presentation will help attendees understand the role of federal, state, and local packaging, labeling, and advertising laws in the Cannabis industry and Will educate — or update — you on the requirements and best practices in force today.
NCBA CLI Labeling and Packaging Presentation
That Canna Tax is Whack
Featuring. Jennifer Benda, Henry Wykowski, Chris McCabe
A discussion of the infamous Section 280E of the Internal Revenue Code, the all-important Harborside case, punishing IRS penalties, the strange landscape of allocating inventory and cost of goods sold, and the 5th Amendment.
10:05 am – 11:05 am
Introduction to Canadian Cannabis Law
Featuring Alison Hayman, Emily LaRose, Mark Zekulin, Sherri Altshuler
Speakers will provide an overview of the history of Cannabis legalization including a history of the regulations and case law on access to medical cannabis. Speakers will also address the Current regulations, ACMPRs, and Controlled Drugs and Substances Act. This panel will help you understand specifics of the rights and obligations of licensed producers under the current medical cannabis regime, Bill C-45, and the anticipated Cannabis Act respecting use and access to non-medical cannabis, as well as the anticipated framework for distribution, export, and promotion of non-medical cannabis and its relationship to the medial regulatory system.
Presentation – Cannabis Regulation in Canada Slide Deck
Building an Empire on a State-by-State Basis
Featuring. Lara Pearson, Lara DeCaro, Amanda Ostrowitz, Chelsea Hahn
Each state’s cannabis laws are ever-evolving, making it challenging for Counsel to keep up. So, what happens when your client wants to build a nationwide cannabis brand? This session discusses best practices, challenges and opportunities facing Scaling Cannabis businesses.
Ostrowitz CLI written materials – components of complaince program
Hahn written materials NCBA Conference Patents
Solutions for Cannabis Trademarks
CLI Materials Banking Cannabis in 2017
CLI Materials – Employment Issues 2017
11:20 am – 12:20 pm
Emerging issues in Cannabis Law Featuring: Henry Wykowski, Senator Tick Segerblom, and Lara DeCaro
Hear from two of the most accomplished, engaged authorities in the legal community about newer issues such as cannabis lounges and public Consumption, the intersection of medical and non-medical systems in states with both, and restrictions and opportunities for ancillary professions, as well as developments and progress being made in banking and taxation. Join us as Lara DeCaro moderates a lively and informative discussion between illustrious Nevada state Senator Richard (“Tick”) Segerblom and distinguished California attorney Henry G. Wykowski about the exciting opportunities and issues emerging in their states and across the country.
12:20 pm – 1:00 pm
Networking Break / Pick Up Lunch
1:00 pm – 2:00 pm
Keynote: John Vardaman
Mr. Vardaman will discuss the importance of banking to the marijuana industry, in particular, federal guidance on the subject of banking for the cannabis industry and the response by the banks in light of the federal guidance and risks still presented. Based on his experience at the Department of Justice and at Hypur, Mr. Vardaman will address the shifting perceptions about banking services for cannabis businesses and provide insight on the future of cannabis banking. Finally, he will discuss his role in drafting the Cole Memorandum and shed light on how that process unfolded during his time at the Department of Justice.
2:05 pm – 3:05 pm
Featuring: Katy Young, Dean Richardson, Joe Rogoway
Civil litigation is on the rise throughout the cannabis industry. Seasoned civil litigators in California and Colorado will discuss how litigation in the cannabis industry is a bit different, highlight differences between the more established industry in Colorado versus California, discuss some of the most common types of civil litigation in these states, and offer practical advice for your practice and your cannabis clients Contemplating litigation.
Cannabis Civil Litigation
Consumer Protection and Product Liability in the Cannabis industry
Featuring: Jeff Wilson, Ambere St. Denis, Shawn Hauser, and Wanda James
The Consumer Protection and Products Liability panel will address how to advise clients about the multitude of issues related to Consumer protection and products liability. Legal Considerations, regulatory compliance practices, and available insurance protections will be discussed. The emphasis will be focused on helping attorneys advise their clients on best practices and strategies for avoiding or mitigating potential products liability claims and how to defend against such claims if they arise.
3:05 pm – 3:20 pm
3:20 pm – 4:20 pm
Ethics Representing Cannabis Clients
Featuring: Omar Figueroa
Representing clients in the cannabis industry presents a unique set of challenges. Attorneys in this field can draw the attention of law enforcement, and therefore must be careful not only of violating ethics rules, but also of running afoul of the law. Veteran industry attorney Omar Figueroa will give you tips to help navigate the ethical and legal minefield of giving legal advice to marijuana industry clients. Program highlights include: Continuing tension between state and federal laws; giving legal advice vs. acting as a business consultant; limitations on involvement; and applying the Rules of Professional Conduct.
Northbound and Southbound: Cross-Border Transactions in the Cannabis industry
Featuring Len Glickman, Josh Kappel, Afzal Hazan, Alan Gertner, Carl Meron, Maxim Zavet
Doing business in the cannabis industry in Canada or the United States is complicated. Add doing business across borders, and the number of issues to be navigated expand exponentially. Issues addressed include: foreign investment, financing your business on a Canadian Stock Exchange, the federal illegality of Cannabis, importing and exporting products, and Cross-border licensing.
4:20 pm – 4:30 pm
4:30 pm – 5:30 pm
Deals, Mergers, and Acquisitions
Featuring: Nicole Neubert, Andrea Goldman, and Ranjeev Dhillon
The cannabis industry is catching the eye of investors, and financing and growth opportunities abound. This panel will discuss the most relevant issues within this area and the best practices applied by leading practitioners in this field. The panel will provide an overview of financing opportunities and methods, timing for investments and other financing vehicles, and positioning your clients for responsible growth.
The Other Feds: Worried about the DEA or the DOJ2 What about the FDA, FTC, and Health Canada?
Featuring. Amanda Conley, Emily Leongini, and Garrett Graff
Cannabis may still be listed on Schedule of the Controlled Substances Act, but that doesn’t mean the federal government is ignoring the industry – or that cannabis businesses should ignore federal regulations. And in Canada, one federal agency watching over the whole thing. As the cannabis industry Continues to grOW by leaps and bounds, a variety of federal agencies are paying close attention, including the Federal Trade Commission, Food & Drug Administration, and Health Canada.