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.
- Federal Responses to Medical Marijuana Laws
9:00 - 10:00, Noah Mamber
- Current Federal Enforcement Priorities
- Federal Memos: Contradictory Messages
- State Pathway to Medical and Adult-Use Cannabis Legislation
- 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
- Trademark Issues and Considerations for Cannabis Businesses
- Obtaining Medical Marijuana Business Licenses: Overcoming Hurdles
10:15 - 11:15, Meredith Kinner
- Types of Authorized Businesses: Dispensaries, Cultivation Facilities, etc.
- Persons Prohibited from Owning and Operating Cannabis Businesses
- License Application and Pre-Approval Process
- Necessary Start-Up Capital
- Complying with Zoning Requirements
- Appeals for License Denials/Diversity Licenses Created by Legislature
- Overcoming Property Leasing Difficulties for Marijuana Businesses
- Out of State Investors
- Essential Business Considerations for Medical Marijuana Dispensaries
11:15 - 12:15, John McGowan
- Marketing Restrictions for Marijuana Dispensaries
- Verifying Patient Information and Dosage Amounts/"Seed to Sale Tracking"
- Security and Control Requirements for Dispensaries and Producers
- Product Preparation and Packaging Requirements
- Product Testing Requirements
- Complying with State Inspection Requirements
- Reporting Duties to the State Licensing Authority
- Negotiating Third Party Agreements with Cultivators, Managers, etc.
- Financing Difficulties for Lenders and Marijuana Businesses
1:15 - 2:15, Ian C. Keefe
- Implications for Ancillary Business Service Providers
- Secured Real Estate Lenders and Lien Rights
- Due Diligence and Risk Assessment Mandates/Obligations to Prepare Suspicious Activity Reports (SAR)
- Current and Proposed State and Federal Legislation
- Securing Alternate Sources of Financing: What are the Options?
- Local Banks That Serve the Industry
- Medical Marijuana Business Taxation: Strategies to Overcome Current Difficulties
2:15 - 3:15, Ian C. Keefe
- Internal Revenue Code Section 280E and Business Deductions
- Business Diversification Tactics: A Detailed Tax Analysis
- State Medical Marijuana Taxes: Entity vs. Patient
- Current and Proposed Federal Legislation
- Patients, Caregivers and Physicians: Ensuring Legal Compliance
3:30 - 4:30, Noah Mamber
- 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
- Other Civil Concerns