OnDemand Audio

Recreational Marijuana Business Law in Oregon

OnDemand Audio

Copyright Date:

December, 2017

Product ID#:


Online Access Expires:

6 Months from

Date of Purchase


Includes Downloadable Course Book

Credit Information

Continuing Legal Education

  • OR CLE - 6.00
From Event: Recreational Marijuana Business Law in Oregon, held December 2017.

Program Description

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 due to the position of the federal government. 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 - order today!

Course Content

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

Continuing Education Credit

Continuing Legal Education

Credit Hrs State Credit Approval Expiration
CLE 6.00 OR * 12/05/2020

* denotes specialty credits

Agenda / Content Covered

  1. Federal Responses to Oregon Marijuana Law
    9:00 - 9:45, Written by Vincent Sliwoski. Presented by Michael Hughes in Bend; Kristie Cromwell and Paul Loney in Eugene; Brad Blommer and Perry Salzhauer in Medford; and Vincent Sliwoski in Portland.
    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
    9:45 - 10:30, Written by Kristin Stankiewicz. Presented by Jennifer Clifton in Bend; Kristie Cromwell and Paul Loney in Eugene; Paul Loney in Medford; and Kristin Stankiewicz in Portland.
    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 Oregon
    10:45 - 11:30, Written by Amy Margolis. Presented by Michael Hughes in Bend; Phil Studenberg in Eugene and Medford; and Amy Margolis in Portland.
    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 an Oregon Cannabis Business License
    11:30 - 12:15, Written by Robert A. Graham. Presented by John A. Magliana Jr. in Bend, Eugene and Medford; and Robert A. Graham in Portland.
    1. Application Procedures: Avoiding Mistakes
    2. Grounds for License Refusal
    3. License Renewals
    4. License Transfers
    5. Appealing Application Denials
  5. Legal Best Practices for Marijuana Product Packaging and Testing
    1:15 - 2:15, Written by Kristie Cromwell and Paul Loney. Presented by Jennifer Clifton in Bend; Kristie Cromwell and Paul Loney in Eugene; Paul Loney in Medford; and Sean Clancy in Portland.
    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. Oregon Marijuana Taxation: The Latest Rules
    2:30 - 3:30, Written by William Patterson. Presented by John A. Magliana Jr. in Bend and Medford; and William Patterson in Eugene and Portland.
    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, Written by Phil Studenberg. Presented by John A. Magliana Jr. in Bend; Phil Studenberg in Eugene and Medford; and Matthew Goldberg in Portland.
    1. Marijuana and Rules of Professional Conduct
    2. Duty to Pursue Justice
    3. Attorney Use of Cannabis Products
    4. Attorney Ownership of Cannabis Businesses

BRADLEY BLOMMER is a litigation and real estate attorney with Green Light Law Group and has over 17 years experience. He has experience in all areas of trial practice, real estate transactions and disputes, foreclosure law, and creditor's rights, along with a detailed understanding of the current marijuana laws. Mr. Blommer provides legal advice and counseling from a diverse perspective. Additionally, having founded and run a real estate investment company in Oregon, he has significant real world business experience to better serve his clients. He is a member of the Oregon State Bar and the Multnomah Bar Association. Mr. Blommer received his B.A. degree from Boston College and his J.D. degree from the University of Baltimore School of Law. (Medford location)

SEAN CLANCY is an attorney with Emerge Law Group. His practice focuses on business and intellectual property. As outside IP counsel for a variety of innovative industries including state-licensed cannabis, entertainment media, design, consumer products, food, beverages, professional services, software, and new technology, he advises on state and federal trademark rights, copyrights, packaging and labeling, publicity, privacy, trade secrets, non-disclosure agreements (NDAs), and licensing. As general business and corporate counsel, Mr. Clancy negotiates, prepares legal documents, and advises on relationships spanning from entity formation and ordinary business to complex transactions, regulatory compliance, and disputes. He received his B.A. degree, cum laude, from the University of Washington and his J.D. degree, cum laude, from Lewis & Clark Law School. (Portland location)

JENNIFER CLIFTON is the founder of Clifton Cannabis Law, LLC. Ms. Clifton practices in the areas of corporate law. Her career spans several industries and includes working for national law firms; serving as in-house counsel; and nearly a decade of tax law, representing clients before the IRS. She has started two businesses of her own, one of which attracted attention from Oprah Winfrey, USA Today, People Magazine and The New York Times. Ms. Clifton's background as an entrepreneur combined with her legal experience in corporate transactional law, securities law and tax law, uniquely position her as an invaluable resource to any entrepreneur. For a number of years, she has advised and represented entrepreneurs at all stages of their journey and has particularly enjoyed her Cannabis-business clients. Ms. Clifton understands the issues faced by any startup, as well as experience in the cannabis space, specifically. She is a member of NORML, the National Cannabis Bar Association, Oregon State Bar Association (member, Cannabis Section, the State Bar of California, as well as a board member for various local non-profits. She received her B.S. degree from University of Southern California and earned her J.D. degree, cum laude, from University of San Diego. Ms. Clifton is licensed in California and Oregon, and represents canna-businesses in both states. (Bend location)

KRISTIE CROMWELL is an associate attorney with Loney Law Group. She represents clients in both business and administrative law concerns, with a focus on Oregon medical and recreational cannabis license application and business compliance. She received her undergraduate degree in international business from the University of Maryland College Park and her J.D. degree from Lewis and Clark Law School. Ms. Cromwell is a member of the Oregon State Bar. (Eugene location)

MATTHEW GOLDBERG is a shareholder with Emerge Law Group. His practice ranges from litigation and alternative dispute resolution to business and real estate law. Mr. Goldberg was one of the first attorneys in Oregon to build a practice around regulatory compliance for the cannabis industry. He has litigated in state and federal courts in Oregon and Washington, including state court and bankruptcy appeals, for clients ranging from Fortune 500 and other large companies to small businesses and individuals. Mr. Goldberg is one of few litigators with actual experience and proven results representing cannabis industry clients in litigation, arbitration and mediation. He is a former editorial board member and associate editor of the ABA publication Litigation News. Prior to becoming an attorney, Mr. Goldberg was a journalist for national magazines and major newspapers and an Internet entrepreneur in New York City. He received his B.A. degree from Binghamton University; his M.A. degree from the University of Massachusetts; and his J.D. degree, summa cum laude, from Lewis & Clark Law School. (Portland location)

ROBERT A. GRAHAM has practiced primarily on representing and advising business clients in matters such as financial institution regulatory compliance, business formation, capitalization and securities, real estate, commercial landlord/ tenant, commercial contracts, merger and acquisitions, estate planning, intellectual property, and related litigation, for the past 34 years. For the past decade his practice has included the representation of clients involved in various aspects of the cannabis community, including both civil and criminal matters. Mr. Graham teaches business law at Rogue Community College and, from time to time, he has been a featured speaker at cannabis business related conferences. He is admitted in Oregon and California. (Portland location)

MICHAEL HUGHES is an attorney with Hughes Law where he provides comprehensive cannabis and legal consulting, almost entirely focusing on personal injury cases, including automobile accidents, slips, falls, dog bites, pedestrians hit by cars, dram shop cases, toxic tort class action suits, excessive force/civil rights, and other types of personal injury cases, as well as criminal defense, including marijuana DUI, violent crimes, drug and controlled substance allegations, and white collar allegations. He was an adjunct professor of criminal law and procedure at Minnesota State University - Moorhead. Mr. Hughes received his B.S. degree from the University of Nebraska, his J.D. degree from Drake University and graduated from the Gerry Spence Trial Lawyers College. He is licensed to practice law in Minnesota, Nebraska and Oregon. (Bend location)

PAUL LONEY is an attorney at Loney Law Group. His practice focuses on a variety of legal issues associated with cannabis, specifically in the areas of business law and regulatory compliance. Mr. Loney developed the blue print for Oregon's first private cannabis club, Highway 420, and the first national high-profile cannabis cafe, Oregon's NORML (National Organization for the Reform of Marijuana Laws) Cannabis Cafe. Mr. Loney has served as Oregon's NORML legal counsel for more than 15 years and has helped draft numerous cannabis-related legislative initiatives involving Oregon's medical marijuana and recreational marijuana issues, including Measure 91. He has assisted clients in drafting language for proposed additions to the laws and administrative rules on marijuana. Mr. Loney regularly speaks at continuing legal education seminars, panels, conferences, and lectures on the topic of marijuana business law. He also teaches courses on Oregon marijuana law and how to start cannabis related businesses throughout Oregon. He is affiliated with NORML, the National Lawyers Guild, and the Oregon Criminal Defense Lawyers Association. He earned his J.D. degree from University of Oregon School of Law. (Eugene and Medford locations)

JOHN A. MAGLIANA JR. is a tax attorney whose tax practice covers most western states. His practice emphasizes business start-up, resolution of specific tax problems, and structuring transactions to his clients' optimum tax advantage. He provides a full range of tax advice and service to his business clients and is experienced in representing clients before the Internal Revenue Service, Department of Labor, tax court and the revenue agencies of most western states. Mr. Magliana is a frequent speaker on ESOPs and other tax-related topics. A graduate of Oregon State University, Mr. Magliana received his J.D. degree from Willamette University and his LL.M. degree, in taxation, from the University of Florida. He has counseled hundreds of companies with respect to ESOP feasibility studies, plan design, finance acquisition, fiduciary duties and transaction structure. (Bend and Eugene and Medford locations)

AMY MARGOLIS is a shareholder with Greenspoon Marder's cannabis law practice group. She has been representing people charged with marijuana related offenses for 13 years. Ms. Margolis is also a practicing criminal defense attorney in both state and federal court. Since 2009, she has expanded her practice to represent clients in all aspects of the cannabis industry. Ms. Margolis is particularly interested in the potential pitfalls for marijuana related businesses as we slowly progress to legalization. In addition to representing cannabis clients, she also founded the Oregon Cannabis PAC and Oregon Cannabis Association. Ms. Margolis received her J.D. degree from the University of Oregon School of Law with an emphasis in criminal defense. She is a member of the American Bar Association, the Federal Bar Association, and the Oregon State Bar. (Portland location)

WILLIAM PATTERSON is an attorney with Harris | Bricken in the firm's Portland office, advising clients on business law, intellectual property, and cannabis law matters. He focuses on complex civil litigation and corporate law. Mr. Patterson's blend of experience in business administration and dispute resolution makes him the perfect legal partner for Harris Bricken clients. He is adept at assessing and navigating risk, while protecting long-term business interests. Mr. Patterson earned his J.D. degree from Lewis & Clark Law School. (Eugene and Portland locations)

PERRY SALZHAUER is an attorney with Green Light Law Group, where he provides strategic and compliance guidance and legal advice to public and private entities in the areas of corporate and environmental law. As an attorney, advisor, and manager, Mr. Salzhauer streamlines operational, compliance, and management processes to create efficiencies which increase productivity and revue. In addition, he has his experience and expertise in all aspects of marijuana-related business. He is admitted to practice law in Oregon and New York, and is an active member of the Sustainable Future Section of the Oregon State Bar. Mr. Salzhauer received his J.D. degree from Vanderbilt University Law School and his LL.M. degree in environmental and natural resources law from Lewis & Clark Law School. (Medford location)

VINCENT SLIWOSKI is an attorney with Harris | Bricken, where he advises a wide variety of businesses on transactions and disputes, including intellectual property and real estate matters. Mr. Sliwoski serves as an adjunct professor at Lewis & Clark Law School, where he teaches a course titled "Cannabis Law & Policy." He is a weekly contributor to his law firm's Canna Law Blog, published daily, and writes a bi-weekly column for the Portland Mercury titled "Ask a Pot Lawyer." A frequent presenter, Mr. Sliwoski regularly speaks on marijuana business law for CLE, Oregon State Bar, and industry events. His bar and court admissions include the Oregon State Bar, Multnomah County Bar, and U.S. District Court of Oregon. Mr. Sliwoski earned his J.D. degree from Lewis & Clark Law School (Portland location), and his B.A. degree from Minnesota State University, Moorhead. (Portland location)

KRISTIN STANKIEWICZ is an attorney with Greenspoon Marder. She focuses her practice on land use and real estate matters and state and local licensing for cannabis business. Ms. Stankiewicz is a member of the Oregon State Bar. She received her B.A. degree from the University of California and her J.D. degree from the Indiana University School of Law. (Portland location)

PHIL STUDENBERG is an attorney who represents clients in the areas of medical marijuana, speeding tickets, DUI, Social Security, disability, theft, domestic violence, rape, homicide, and Indian law. Mr. Studenberg has extensive experience in medical marijuana defense. He is an advocate for the decriminalization of marijuana for adults and an active member of NORML (National Organization for the Reform of Marijuana Laws) since 1972. He received his J.D. degree from the University of South Dakota and is admitted to practice in Oregon. (Eugene and Medford locations)

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:

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Accreditation Details:

Continuing Legal Education

OR CLE: 6.00 Credit Approval Exp
Includes - Ethics: 1.00
NBI, Inc. is an approved sponsor with the Oregon MCLE. This program may qualify for up to 5.0 hours of general self-study continuing legal education credit and 1.0 hour of ethical considerations credit.

This content has been approved for Washington Continuing Legal Education credit. Credit hours will be awarded based on the actual run time.

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