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Know the Salient Points of Recent Marijuana Laws and Effectively Advise Your Clients

Recent legislation and initiatives are paving the way for many new business opportunities in the cannabis industry. It has also created many questions and uncertainties for attorneys advising these new businesses. What are possible federal responses to legalized cannabis? What types of businesses does the law allow, and how does a potential business owner obtain a permit? When is an attorney potentially violating federal law by merely assisting a client? Learn the answers to these questions and more - register today!

  • Understand how the federal government can use forfeiture laws to close marijuana-related businesses.
  • Evaluate the current banking landscape and determine whether a cannabusiness can obtain financing.
  • Ensure marijuana business clients have business policies and procedures in place that help them avoid legal scrutiny.
  • Confidently advise clients on all aspects of the marijuana business licensing process.
  • Recognize the state and federal tax implications for cannabis-related businesses.
  • Analyze the ethical implications of advising cannabis business clients.

  1. Federal Responses to California Marijuana Law
    9:00 - 10:00, Michael E. Cindrich
    1. Current Federal Enforcement Priorities
    2. Federal Memos and Contradictory Messages
    3. Possible Legal Consequences to Cannabis Consumers Under Federal Law
      1. Gun Control Act of 1968
      2. Federal Housing Assistance
    4. State Agencies and Federal Funding
    5. Preemption and the Controlled Substance Act
  2. Banking and Financing for the Marijuana Industry
    10:15 - 11:15, S. Edward Wicker
    1. Federal Rules and Regulations Affecting Financing
      1. Controlled Substance Act
      2. Bank Secrecy Act
      3. 18 USC §1956
    2. Interpreting the Latest FinCEN and Justice Department Guidance
    3. Lender Due Diligence with Cannabis Businesses
    4. Bank Forensic Audits of Businesses: Determining the Source of Funds
    5. Getting the Loan: Providing Transparency to Lenders
  3. Recreational Marijuana Businesses Law in California
    11:15 - 12:15, Michael E. Cindrich
    1. How the New Law and Medical Marijuana Laws Interact
    2. Powers of State Regulatory Agencies
    3. Business Types Allowed Under the New Law
    4. Marketing Restrictions
    5. Zoning Requirements
    6. Employment Rules and Restrictions for Cannabis Businesses
    7. Negotiating Third-Party Agreements with Cultivators, Managers Etc.
    8. Premises Security Regulation Compliance
    9. Preparing for State Regulatory Agency Inspections
  4. Obtaining a California Cannabis Business License
    1:15 - 2:15, S. Edward Wicker
    1. Application Procedures: Avoiding Mistakes
    2. Grounds for License Refusal
    3. License Renewals
    4. License Transfers
    5. Appealing Application Denials
  5. California Marijuana Taxation: The Latest Rules
    2:30 - 3:30, Abraham Finberg
    1. State and Local Taxation Protocols for Recreational Marijuana Businesses
    2. Federal Tax Issues
      1. IRC §280E - Deduction of Business Expense
      2. Cash Payments
      3. Other Emerging Issues
    3. Business Strategies to Overcome Taxation Difficulties
    4. Current Tax Updates
  6. Ethics
    3:30 - 4:30, Michele E. Brooke
    1. Marijuana and Rules of Professional Conduct
    2. Duty to Pursue Justice
    3. Attorney Use of Cannabis Products
    4. Attorney Ownership of Cannabis Businesses

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