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Live Seminar

Marijuana Business Law in California

Seminar

Date:

Friday, April 28, 2017

Time:

9:00 AM - 4:30 PM

Product ID#:

75468ER

Location:

Hilton Garden Inn Fontana
10543 Sierra Ave
Fontana, CA 92337

$359.00

$349 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • CA CLE - 6.00

CPE for Accountants

  • CPE for Accountants/NASBA - 7.00

Other

  • IACET - 0.60
  • PACE - 7.00

Program Description

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

The legalization of marijuana has created business opportunities, but it has also created many questions and uncertainties for attorneys advising businesses due to the position of the federal government. What are possible federal responses to legalized cannabis? What types of businesses does state 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.

Who Should Attend

This basic-to-intermediate level seminar provides practical information on marijuana law for:

  • Attorneys
  • Accountants and CPAs
  • Bankers and Commercial Lenders
  • Enrolled Agents
  • Certified Financial Planners
  • Paralegals

Course Content

  1. Federal Responses to California Marijuana Law
  2. Banking and Financing for the Marijuana Industry
  3. Marijuana Businesses Law in California
  4. Obtaining a California Cannabis Business License
  5. California Marijuana Taxation: The Latest Rules
  6. Ethics

Continuing Education Credit


Continuing Legal Education – CLE: 6.00 *

International Association for Continuing Education Training – IACET: 0.60

National Association of State Boards of Accountancy – CPE for Accountants: 7.00 *

Professional Achievement in Continuing Education – PACE: 7.00 *

* denotes specialty credits

Agenda / Content Covered

  1. Federal Responses to California Marijuana Law
    9:00 - 10:00, Written and presented by Jessica C. McElfresh in Santa Ana and San Bernardino.
    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, Written by Oren Bitan and presented by Daniel F. Wheeler in Santa Ana and Oren Bitan in San Bernardino.
    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. Marijuana Businesses Law in California
    11:15 - 12:15, Written and presented by Michelle E. Brooke in Santa Ana and San Bernardino.
    1. Powers of State Regulatory Agencies
    2. Business Types Allowed
    3. Marketing Restrictions
    4. Zoning Requirements
    5. Employment Rules and Restrictions for Cannabis Businesses
    6. Negotiating Third-Party Agreements with Cultivators, Managers, etc.
    7. Premises Security Regulation Compliance
    8. Preparing for State Regulatory Agency Inspections
  4. Obtaining a California Cannabis Business License
    1:15 - 2:15, Written and presented by Michelle E. Brooke in Santa Ana and San Bernardino.
    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
    2:15 - 3:15, Written and presented by Abraham Finberg in Santa Anaand San Bernardino.
    1. State and Local Taxation Protocols for 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, Written and presented by Michelle E. Brooke in Santa Ana and San Bernardino.
    1. Marijuana and Rules of Professional Conduct
    2. Duty to Pursue Justice
    3. Attorney Use of Cannabis Products
    4. Attorney Ownership of Cannabis Businesses

OREN BITAN is an attorney within the Los Angeles office of Buchalter Nemer. He has an extensive background that includes business, real estate, banking, receivership law, consumer product, and commercial litigation. Mr. Bitan has a particular focus in disputes involving real estate, banking and mortgage fraud, creditors’ rights, film finance, and intellectual property. He is also an experienced appellate lawyer and has successfully argued numerous times before the California Court of Appeals and the U.S. Court of Appeals for the Ninth Circuit. He serves as a member of the Planning Committee for the University of Southern California Real Estate Law and Business Form and Intellectual Property Institute. Mr. Bitan has been recognized as a Southern California Super Lawyer Rising Star from 2013-2016. He earned his B.S. degree from the University of Southern California and his J.D. degree, cum laude, from Loyola Law School, where he was a member of the Order of the Coif and a Sayre Macneil Scholar. (San Bernardino location)

MICHELLE E. BROOKE is the founding attorney of Brooke Law Group. She has a wide range of legal experience based on years of handling legal matters in a wide variety of practice areas, including lawsuits involving, business disputes, real estate matters, personal injury, employer defense, breach of contract, Proposition “D”, and dispensary litigation. Brooke Law Group provides California “cannabusiness” entrepreneurs with a wide range of business development, corporate counsel, employer, and litigation services. Ms. Brooke is a regular contributor to Marijuana Venture Magazine and her blog contains many published articles, as well as helpful in-house content. She is a member of the Pasadena Bar Association, Los Angeles County Bar Association, NORML.org, Americans for Safe Access, The Esquire Network, Pasadena Chamber of Commerce, American Herbal Products Association, and the Cannabis and Sports Nutrition committees. She has taught Medical Marijuana Business continuing legal education lectures for The Seminar Group, the San Fernando Bar Association, and Native Nation Events. Ms. Brooke is an adjunct professor at Pasadena City College and serves as a member of the advisory board for the Pasadena City College ABA certified Paralegal Program. She earned her undergraduate degree from the University of La Verne after which she successfully completed the California State Bar Law Office Studies Program. (Irvine and San Bernardino locations)

ABRAHAM FINBERG MBA, CPA, is a tax expert for small business owners and nonprofit organizations. He has successfully represented various clients in IRS and Board of Equalization (Sales Tax) audits. Mr. Finberg’s professional passions include solving thorny tax issues for new and emerging industries. He earned his degree from Pepperdine Graziadio School of Business and Management. (Irvine and San Bernardino locations)

JESSICA C. MCELFRESH is the founder of McElfresh Law, Inc. and an attorney in San Diego, California, specializing in cannabis law and policy. She has focused on cannabis law and policy for her entire career and has represented numerous qualified patients, collectives, cultivators, delivery services, landlords, and storefront dispensaries. Among her recent accomplishments are representing several clients through successful dispensary applications in jurisdictions including the city of San Diego, county of San Diego, Desert Hot Springs, and Cathedral City. Ms. McElfresh has served on a mayoral working group to regulate access to medical cannabis, and she has co-authored several local ballot initiatives. She has taught continuing legal education classes for attorneys about medical cannabis law, and she has spoken at conferences including the National Cannabis Industry Association’s annual Business Summit and Expo. Ms. McElfresh graduated, summa cum laude, from Scripps College, and attended the University of San Diego School of Law on a Dean’s Honor Scholarship for her Juris Doctorate. She is a member of the State Bar of California; U.S. Supreme Court; U.S. Court of Appeals for the Ninth Circuit; and the U.S. District Court for the Southern, Central, Eastern, and Northern districts of California. (Irvine and San Bernardino locations)

DANIEL F. WHEELER is a partner in the San Francisco office of Bryan Cave, LLP, where he is a member of the financial services client service group. For 19 years, he has advised banks, financial technology companies, credit unions and other financial institutions on their most important challenges and opportunities. Mr. Wheeler helps clients solve significant regulatory challenges. Sometimes this involves intervention and advocacy with the Federal Reserve, FDIC, OCC, NCUA, CFPB, and state financial regulators, as well as negotiation of enforcement actions. He advises on loan administration, collections and enforcement, sales of loan portfolios, participation and intercreditor agreements, letters of credit, repurchase agreements, and interest rate swap agreements. Mr. Wheeler writes and advocates frequently on issues affecting the financial industry. He is the chairman of the State Bar of California Financial Institutions Committee, as well as the president of the San Francisco Bank Attorneys Association. Mr. Wheeler earned his B.A. degree from Indiana University of Pennsylvania and his J.D. degree from New York University. (Irvine location)

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com


Accreditation Details

Continuing Legal Education

CA CLE: 6.00 Including - Ethics: 1.00
This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 6.0 hours, of which 1.0 hour will apply to legal ethics. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.



International Association for Continuing Education Training

N IACET: 0.60
NBI, Inc. is accredited by the International Association for Continuing Education and Training (IACET) and is authorized to issue the IACET CEU. NBI, Inc. is authorized by IACET to offer 0.6 CEUs for this program. At the end of the program, participants must complete a self-assessment in order to receive credit. 100% attendance is required. (Provider #1004558)

Upon completion of this course, attendee will be able to: 1. Identify how the federal government can use forfeiture laws to close marijuana businesses. 2. Identify two possible ways a cannabusiness can obtain financing. 3. Describe how marijuana businesses should keep records. 4. State the key steps in the marijuana business licensing process. 5. Identify two strategies cannabusinesses can use to overcome taxation difficulties. 6. Identify a possible conflict of interest attorneys face when advising marijuana businesses.


National Association of State Boards of Accountancy

N NAS: 7.00 Including - Behavioral Ethics: 1.00, Business Law: 5.00, Taxation: 1.00
NBI, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org. This program is designed to qualify for 7.0 hours (based on 50 minute credit hour) of continuing professional education credit for accountants. For more information regarding administrative policies such as complaint and refund, please contact our offices at (800) 930-6182.

This is a basic to intermediate level program presented in a group live setting. Accountants should have a basic understanding of the federal responses to legalized cannabis. Upon completion of this course, attendee will be able to: 1. Identify how the federal government can use forfeiture laws to close marijuana businesses. 2. Identify two possible ways a cannabusiness can obtain financing. 3. Describe how marijuana businesses should keep records. 4. State the key steps in the marijuana business licensing process. 5. Describe packaging restrictions for marijuana products. 6. Identify two strategies cannabusinesses can use to overcome taxation difficulties. 7. Identify a possible conflict of interest attorneys face when advising marijuana businesses. Field(s) of Study -- Behavioral Ethics; Taxation; Business Law.


Professional Achievement in Continuing Education

N PACE: 7.00 Including - Chartered Financial Consultant: 7.00
This seminar qualifies for 7.0 PACE (Professional Achievement in Continuing Education) credit hours for ChFC.


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