Course Description
Program Description
A Comprehensive Overview of Medical Marijuana Legal Issues
Medical marijuana creates numerous opportunities for investors, business owners, healthcare providers and patients with qualifying conditions. It also creates a myriad of potential legal problems for those who misinterpret state law and fail to take into account the fact that marijuana remains a Schedule I controlled substance under federal law. It is essential that attorneys advising medical marijuana businesses, patients and healthcare providers have a firm understanding of state and federal laws, as well as business licensing procedures, taxation difficulties, financing pitfalls and more. Confidently navigate the many intricacies of medical marijuana law - register today!
Analyze federal memos on medical marijuana and make sense of contradictory government positions.
Advise prospective medical marijuana business owners on the in's and out's of licensing and compliance.
Ensure dispensaries properly test and package medical marijuana edibles and other products.
Appraise current banking difficulties for medical cannabis companies, and find alternative solutions for clients' financing problems.
Employ creative tax strategies to offset the inability of medical marijuana businesses to deduct business expenses.
Understand what conditions qualify patients for medical marijuana prescriptions.
Distinguish between the ethical considerations of helping a business obtain a medical marijuana license and enforcing license rights.
Agenda
Agenda / Content Covered
Federal Responses to Medical Marijuana Laws
9:00 - 9:15, Thomas W. Dean
Current Federal Enforcement Priorities
Federal Memos: Contradictory Messages
Outcomes for Undermining Federal Enforcement Priorities
Possible Legal Consequences to Cannabis Consumers Under Federal Law
Gun Control Act of 1968
Federal Housing Assistance
State Agencies and Federal Funding
Preemption and the Controlled Substance Act
Legalization Initiative
9:15 - 9:45, Thomas W. Dean
Obtaining Medical Marijuana Business Licenses: Overcoming Hurdles
9:45 - 10:35, Jeffrey S. Kaufman
Types of Authorized Businesses: Dispensaries, Cultivation Facilities, Etc.
Persons Prohibited from Owning and Operating Cannabis Businesses
Necessary Background Checks for Owners and Employees
Necessary Start-Up Funds
Complying with Zoning Requirements
Appeals for License Denials
Overcoming Property Leasing Difficulties for Marijuana Businesses
Handling License Renewals
Essential Business Considerations for Medical Marijuana Dispensaries
10:50 - 11:40, John W. Dorris III
Marketing Restrictions for Marijuana Dispensaries
Verifying Patient Information and Dosage Amounts
Security and Control Requirements for Dispensaries and Producers
Product Preparation and Packaging Requirements
Product Testing Requirements
Complying with State Inspection Requirements
Obtaining Trademarks
Reporting Duties to the State Licensing Authority
Negotiating Third Party Agreements with Cultivators, Managers, Etc.
Financing Difficulties for Lenders and Marijuana Businesses
11:40 - 12:30, John W. Dorris III
Legal Implications for FDIC-Insured Banking Institutions
Implications for Ancillary Business Service Providers
Secured Real Estate Lenders and Lien Rights
Due Diligence and Risk Assessment Mandates for Financial Institutions
Obligation to Prepare Suspicious Activity Reports (SAR) and How They are Categorized
Current and Proposed State and Federal Legislation
Securing Alternate Sources of Financing: What are the Options?
Medical Marijuana Business Taxation: Strategies to Overcome Current Difficulties
1:30 - 2:20, Jerry S. Chesler
Internal Revenue Code Section 280E and Business Deductions
Business Diversification Tactics: A Detailed Tax Analysis
Inventory Capitalization Strategies to Reduce Tax Burdens
State Medical Marijuana Taxes: Ensuring Correct Calculations
Appropriate Bookkeeping Practices to Avoid Audits
Patients, Caregivers and Physicians: Ensuring Legal Compliance
2:35 - 3:30, Thomas W. Dean
Qualifying Conditions for Medical Marijuana Prescriptions
Obtaining Patient Registry Cards: Exclusions, Fees and Other Key Considerations
Authorized Caregivers: Determining Eligibility
Requirements and Liabilities for Physicians
Where can Patients Consume Medical Marijuana?
Employment-Related Concerns for Patients
Ethics
3:30 - 4:30, Jeffrey S. Kaufman and Butch Williams
Securing Licenses vs. Enforcing Rights of Licenses
Duty to Pursue Justice
Advising on Business Operations
Conflicts with Federal Law
Criminal Law Considerations
Ownership of Cannabis Businesses