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Live Seminar

Recreational Marijuana Business Law in Colorado

Seminar

Date:

Friday, September 15, 2017

Time:

9:00 AM - 4:30 PM

Product ID#:

76302ER

Location:

Radisson Hotel Colorado Springs Airport
1645 North Newport Rd
Colorado Springs, CO 80916

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • CO CLE - 7.00

CPE for Accountants

  • CPE for Accountants/NASBA - 7.00

Other

  • IACET - 0.60
  • PACE - 7.00

Program Description

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.
  • Gain practical legal tips on cannabis product packaging, labeling and testing.
  • 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 recreational marijuana law for:

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

Course Content

  1. Federal Responses to Colorado Marijuana Law
  2. Obtaining a Colorado Cannabis Business License
  3. Recreational Marijuana Businesses Law in Colorado
  4. Banking and Financing for the Marijuana Industry
  5. Legal Best Practices for Marijuana Product Packaging and Testing
  6. Colorado Marijuana Taxation: The Latest Rules
  7. Ethics

Continuing Education Credit


Continuing Legal Education – CLE: 7.00 *

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 Colorado Marijuana Law
    9:00 - 9:45, Jeffrey Gard
    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. Obtaining a Colorado Cannabis Business License
    9:45 - 10:30, Lauren C. Davis
    1. Application Procedures: Avoiding Mistakes
    2. Grounds for License Refusal
    3. License Renewals
    4. License Transfers
    5. Appealing Application Denials
  3. Recreational Marijuana Businesses Law in Colorado
    10:45 - 12:00, Jeffrey Gard
    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. Banking and Financing for the Marijuana Industry
    1:00 - 1:45, Craig B. Small
    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
  5. Legal Best Practices for Marijuana Product Packaging and Testing
    1:45 - 2:30, Jeff Wilson
    1. Labeling Rules: Product Dosage, etc.
    2. Packaging Restrictions: Appearance, Child-Proofing and Other Issues
    3. Obtaining Trademarks
    4. Ensuring Proper Food Safety Procedures for Edibles
    5. Product Testing and Third-Party Testing Laboratories
    6. Avoiding Product Liability Pitfalls
    7. Cannabis Disposal Protocols
  6. Colorado Marijuana Taxation: The Latest Rules
    2:45 - 3:30, Jim Marty
    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
  7. Ethics
    3:30 - 4:30, Jim Marty
    1. Marijuana and Rules of Professional Conduct
    2. Duty to Pursue Justice
    3. Attorney Use of Cannabis Products
    4. Attorney Ownership of Cannabis Businesses

LAUREN C. DAVIS is a Denver based attorney with over fifteen years of legal experience. Since 2009, she has devoted her practice to marijuana law, focusing on medical and recreational marijuana business licensing and regulatory issues, as well as general criminal defense. Ms. Davis' marijuana practice focuses on advising marijuana center owners, growers and infused products providers to ensure they establish legally compliant state and local businesses, and stay compliant. She was appointed by Colorado's governor to serve on the Law Enforcement Subcommittee of the Amendment 64 Task Force and was an alternate delegate to the general task force. Ms. Davis also has been retained by prominent Colorado criminal defense attorneys as an expert witness and case consultant on marijuana law cases. She currently serves on the Executive Board of Colorado NORML, advocating for marijuana reform. Ms. Davis served for 10 years as deputy district attorney in New York City and Denver. She earned her undergraduate degree, magna cum laude, at the University of Michigan - Ann Arbor, and her J.D. degree from the prestigious New York University (NYU) School of Law.

JEFFREY GARD is a Colorado attorney with Gard Law Firm, LLC, specializing in marijuana law. He represents numerous patients, doctors and marijuana businesses throughout the state of Colorado and has advised people from all over the country. Mr. Gard advises both state and local governments in their development of medical marijuana business regulations. He is widely considered one of Colorado's leading marijuana attorneys. Since the passage of Amendment 64, which legalized adult possession and cultivation of marijuana in Colorado, Mr. Gard has been working with state and local officials in developing regulations for the retail marijuana industry and was appointed by the state to participate in the rule-making progress. Over the last year, he has been working with the U.S. Congress to assist with an analysis of the Federal Code to determine the various areas which are impacted by the state marijuana laws in hopes of reconciling state and federal law in the near future. Mr. Gard now shares his knowledge and experience with other attorneys and has given several CLE lectures on various aspects of marijuana law. By way of background, he is a Colorado native and a cum laude philosophy graduate from the University of Colorado, where he also was elected Phi Beta Kappa. While attending the law school, Mr. Gard won the William De Souchet Award for best individual performance in trial advocacy and won a multi-state moot court competition during his first year of law school. After graduation, he accepted a position with a respected litigation firm in Boulder, Colorado, and later formed his own firm in downtown Boulder, Colorado.

JIM MARTY, CPA/ABV, MS, has been a CPA in the Denver Metro area of Colorado since 1984. His current firm, Bridge West LLC has offices in Longmont and Cherry Creek. Mr. Marty is accredited in business valuation, certified in financial forensics and is qualified as an expert witness in jurisdictions in Colorado and California. He has testified in numerous cases since 2003. In 2009, Mr. Marty’s clients asked him to research the marijuana industry for answers regarding renting property to growers and/or dispensaries, opening a dispensary, supplying marijuana to dispensaries and many other issues facing this new industry. In November of 2009, he traveled to San Francisco, California to meet with attorneys and accountants involved in the Champ case and with medical marijuana clients in general. Following that trip he decided to open his practice to the marijuana industry. Mr. Marty has become nationally recognized speaker on marijuana tax, accounting, and banking issues. He has been on Fox Business News, CNBC, and numerous other print and radio media outlets. Mr. Marty now serves more than 100 medical marijuana clients, has assisted in numerous medical marijuana IRS audits, and continues to attend meetings to support and learn about the MMJ industry and the new "recreational" marijuana law passed in Colorado. He earned his Bachelor of Business Administration from the University of Massachusetts and his Masters of Science in the taxation program from the University of Colorado, Boulder.

CRAIG B. SMALL attended Syracuse University, where he earned his bachelor’s degree in philosophy. Upon graduation, he relocated to the Roaring Fork Valley, working as an information technology consultant for several years. Wanting to combine his expertise in technology and interest in law, Mr. Small pursued his Juris Doctorate at Golden Gate University in San Francisco and continued his law education with a Master of Laws in intellectual property law. During that period, he interned with several law firms including the Thai Intellectual Property Law and International Trade Court in Bangkok, Thailand. Mr. Small is on the Board of Directors of the Boulder County Bar Association and is an active member of the Colorado Bar Association and the National Organization for the Reform of Marijuana Laws. He was appointed by the Governor of Colorado to participate in the Amendment 64 Marijuana Task Force. The members of the A64 Marijuana Task Force were charged with finding practical and pragmatic solutions to the challenges of implementing Amendment 64 while at all times respecting the diverse perspectives that each member brought to the work of the task force. The task force's job was to respect the will of the voters of Colorado in implementing Colorado retail marijuana law. Mr. Small is a member of the Boulder County Bar Association, Board of Director; the Colorado Bar Association; the National Organization for the Reform of Marijuana Laws; the NORML Legal Committee; and Colorado NORML, Board of Director.

JEFF WILSON is an associate with McAllister Garfield, P.C., where he specializes in all aspects of marijuana law, with an emphasis in administrative and criminal defense; regulatory compliance; and business formation, licensing, and transactions. He earned his J.D. degree from the University of Denver, where he graduated in the top ten percent of his class as a member of the Order of the Coif. Mr. Wilson is admitted to practice in the state of Colorado and the United States District Court for the District of Colorado. He is a founding member of the Colorado Bar Association Cannabis Law Committee and also serves on the Compliance Council for the Colorado Cannabis Chamber of Commerce (C4).

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

CO CLE: 7.00 Including - Ethics: 1.20
This program has been accredited for 7.0 hours of General Colorado Continuing Legal Education Credit, including 1.2 ethics credit.



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. State the key steps in the marijuana business licensing process. 3. Describe how marijuana businesses should keep records. 4. Identify two possible ways a cannabusiness can obtain financing. 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.


National Association of State Boards of Accountancy

N NAS: 7.00 Including - Behavioral Ethics: 1.00, Business Law: 3.00, Taxes: 3.00
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 practical information on recreational marijuana law. 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 -- Business Law; Taxation; Behavioral Ethics.


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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