INCBA Cannabis Law Sessions
NCBA’s legal educational programs consists of the highest quality legal instruction presented by expert attorneys at the top of their fields. Our program content is wide-ranging, relevant, and addresses everything from the foundation of the cannabis movement to the most topical issues affecting clients in all aspects of the cannabis industry.
NCBA’s presentation at MJBizConNEXT will focus on the startup issues that face our clients. Clients initially approach their counsel to form their business, appropriately structure their enterprise, identify and procure rights to real estate, tackle state licensing and regulatory issues, obtaining insurance, protecting their intellectual property, and for help in virtually every aspect of initiating a cannabis business. With the passage of the 2018 Farm Bill, we will also do a deep dive into hemp issues.
At the Cannabis Law Sessions, NCBA will be presenting six hours* of Continuing Legal Education focused on Startup Issues, the emerging markets of the South and East Coast, and the new status of Hemp and CBD under the 2019 Farm Bill. This year, NCBA’s presentation of The Cannabis Law Sessions in New Orleans will represent the first of three installments specially coordinated with MJBiz, which will largely mirror the evolution of your clients cannabis business.
*CLE Credit will be offered for select jurisdictions, based on NCBA CLE policy. Credit jurisdictions
are identified based on attendance from that particular jurisdiction.
*Note: Additional Fee Applies to this Program
Date: Tuesday, June 11, 2019
Time: 9:00 a.m. – 5:30 p.m.
Location: Ernest N. Morial Convention Center,
Cost: Members $699, Non-members $899
|Tuesday, June 11 | Room 291|
|9:00 a.m. – 10:00 a.m.||The New US Hemp Economy-State and Federal Considerations|
The historic passage of the 2018 Farm Bill changed the legal landscape for cannabis, exempting hemp from the Controlled Substances Act and shifting the regulation of its production from the DEA to the USDA. With states having the option to have primary regulatory over hemp production, and the ability to have more stringent requirements than the federal government, it is critical that businesses understand the relevant federal and state laws governing the production and sale of hemp products. With a patchwork of rapidly changing state hemp laws, continued instances of enforcement, the USDA in the process of federal rule making, FDA prohibiting the sale of CBD and other cannabinoid products, how can businesses operate in compliance with the law? Will the FDA allow CBD in food or dietary supplement products? What can businesses do as these laws are evolving? Attendees will understand the current state of the law, how it is poised to change, and how to position for compliance and success.
|10:05 a.m. – 11:05 a.m.||Starting Up: Sowing the Seeds of Your Client’s Success |
Examine the issues that cannabis businesses face during startup, including choice of entity and jurisdiction, governance, early stage financing, tax, and considerations for exit. The panel will also discuss disputes that can arise from a failure to organize properly at startup and how to avoid those disputes.
|11:15 a.m. – 12:00 p.m.||Keynote Conversation: Unpacking Access to North American Capital Markets |
Cannabis Capital markets are booming, but it’s not always easy to make heads or tails of the situation on the ground. US companies can be listed on the Canadian Stock Exchange (CSX), and the New York Stock Exchange (NYSE) and NASDAQ are welcoming Canadian plant-touching companies. But while state-legal US medical and adult-use markets are firing on all cylinders, US companies are left out in the cold when it comes to access to their own domestic capital markets.But what does this means for you and your clients? As threshold issues, when should your client consider going public? What type of preparation does it take for a US company looking to go public on a Canadian exchange? And on market-wide scale, does the lack of access to US capital markets hurt US liquidity in the Cannabis Markets? What opportunities are available in Canada that are not available in the US, who is missing out, and what will it take to fix the problem (Safe Banking Act, etc.)? And what steps can you take as a lawyer to ensure that you clients’ have and continue to have access to the right capital in the right places as our US cannabis companies continue to grow?
|1:00 p.m. – 2:00 p.m.||Risk Management: How to Make Marijuana Related Businesses Bulletproof|
Only death and taxes are inevitable. A lawyer armed with decent risk management fundamentals can diminish most other horrible outcomes. Risk management is the identification, evaluation, and prioritization of risks followed by coordinated and economical resources application which minimize, monitor, and control unfortunate events’ probability or impact. Learn the differences between “Insurance Risk Management” and “Enterprise Risk Management”. On the insurance side, familiarize yourself with coverage available to marijuana related businesses for: Casualty; Directors and Officers: Property Title; Crop; Malpractice; and Dram Shop and Server Liability. In the enterprise realm, acquaint yourself with: cyber security; “best practices” operating procedures; HIPPA compliance; reliance on regulation (and regulators); operating in “grey areas” (e.g. SweetLeaf looping); and litigation trends as “risk indicators.”
|2:05 p.m. – 3:05 p.m.||Real Estate: Location (Zoning), Location (Environmental), Location (Nuisance)!|
An important aspect in getting your cannabis business off the ground is finding the right property for your business. Ensuring that it is feasible for you to operate in the way you desire on your property is critical to a successful cannabis business. This panel will take a closer look at the multitude of factors to consider when determining where to locate your business, including local government land use and zoning regulations, environmental and energy concerns, risk factors in owning or leasing property, and much more.
|3:10 p.m. – 4:10 p.m.||Intellectual Property at a High Level|
An introduction to counseling intellectual property matters for all cannabis businesses, especially those in their infancy. Panelists will cover some foundational IP principles and best practices in a conversation designed to advance attorneys’ understanding of IP ownership considerations, brand protection, innovation capturing, and how to navigate nuances specific to businesses in the cannabis industry.
|4:30 p.m. – 5:30 p.m.||The Lawyers Perspective: Accepting Your First or Five-Hundredth Cannabis Client|
Representing cannabis clients presents a minefield of issues for the unwary lawyer, over and above questions relating to the conflict between state and federal law. Every day, cannabis attorneys struggle with questions like, what makes a good cannabis client? Can lawyers ethically represent multiple, competing cannabis clients? What terms are essential in a cannabis client engagement letter? How can lawyers ethically and effectively lobby on behalf of clients? What kinds of reputation issues do cannabis attorneys face in the industry? How should lawyers structure and accept fees from cannabis clients? The panel will walk through all of these issues and more to provide attendees with a solid understanding of both the ethical and practical considerations associated with representing clients in this exciting industry.