Marijuana Business Law 2022

Agenda / Content Covered

1. Federal Marijuana Law and Enforcement Updates
   10:00 - 10:45, Jeffrey Gard
   1. Current Federal Enforcement Priorities
   2. Possible Legal Consequences to Cannabis Consumers Under Federal Law
   3. State Agencies and Federal Funding
   4. Preemption and the Controlled Substance Act
   5. Proposed Federal Legislation
2. Banking and Financing for the Marijuana Industry
   10:45 - 11:30, Katherine J. Bierwas, Megan E. Sheehan
   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. Entity Formation Decisions for Marijuana Businesses
   11:45 - 12:30, Katherine J. Bierwas, Megan E. Sheehan
   1. Choice of Entity Structure
   2. Transfer of Interest Restrictions
   3. Unique OA Provisions (With Samples)
4. Marijuana Business Permissions, Policies, and Procedures
   12:30 - 1:15, Katherine J. Bierwas, Megan E. Sheehan
   1. Powers of State Regulatory Agencies
   2. Business Types Allowed, Including the New Marijuana Hospitality Businesses
   3. Marijuana Business License Application, Appeals, Renewals
   4. Marketing Restrictions
   5. Zoning Requirements
   6. Employment Rules and Restrictions for Cannabis Businesses
   7. Premises Security Regulation Compliance
   8. Preparing for Regulatory Agency Inspections
5. Third-Party Contracts With Cultivators, Vendors, etc. (With Sample Language)
   1:45 - 2:15, Katherine J. Bierwas, Megan E. Sheehan
6. Legal Best Practices for Marijuana Product Packaging and Testing
   2:15 - 3:00, Aly Piscatelli
   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
   8. State Regulation of Delta-8 THC and Other Variations
7. Marijuana Taxation: The Latest Rules
   3:15 - 4:00, Mark Waller
   1. Federal Tax Issues
      1. IRC §280E - Deduction of Business Expense
      2. Cash Payments
      3. Other Emerging Issues
   2. Business Strategies to Overcome Taxation Difficulties
   3. Common State and Local Tax Issues
   4. Current Tax Updates
8. Ethics of Marijuana Law
   4:00 - 5:00, Jeffrey Gard
   1. Marijuana and Rules of Professional Conduct
   2. Duty to Pursue Justice
   3. Attorney Use of Cannabis Products
   4. Attorney Ownership of Cannabis Businesses

Accreditation Details:

Katherine J Bierwas is an attorney with the Law Office of Katherine J. Bierwas, where she is a legal professional skilled in cannabis regulations and compliance, legislative policy for children and families, litigation, negotiation, mediation, multi-disciplinary cooperation, and child welfare. Ms. Bierwas earned her bachelor's degree from William Paterson University of New Jersey and her J.D. degree from Seton Hall University School of Law. She is a member of the Massachusetts and New Jersey State bar associations, and the International Cannabis Bar Association.

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.

Aly Piscatelli , owner of Budding Operations has been working in the regulated cannabis industry for 11 years. The focus of her cannabis career has been regulatory inventory compliance and its application in the workplace. At her first industry job, a medical marijuana dispensary in downtown Denver, she was the first employee to navigate the newly released regulations and implement them at both the dispensary and commonly owned cultivation facility. This experience is what launched Ms. Piscatelli into compliance across the supply chain including cultivation, manufacturing, and sales. She is a member of both the METRC and regulatory framework working groups in Colorado working directly with other leaders in the industry. She has spoken at multiple national conferences about the implementation of inventory control compliance into the workflow of licensed facilities. She holds partnership agreements with accounting firms and consultants to work in tandem with clients to maintain accurate data. Ms. Piscatelli earned her bachelor's degree from University of Colorado-Boulder and her certified in planning and inventory management through APICS.

Megan E Sheehan is an attorney with the law firm of Sheehan & Associates. Ms. Sheehan practices in the areas of small business contracts, leases and structure, cannabis business, estate planning, real estate, and civil litigation. She received her bachelor's degree from Macalester College and her J.D. degree from Vermont Law School. Ms. Sheehan is licensed to practice in Massachusetts and Rhode Island, and primarily practices in the Barrington office.

Mark Waller , C.P.A., co-founder and managing partner of Morem & Waller, CPAs PLLC has 15+ years' experience working as a public accountant as well as a controller in the private sector. He partners with CEOs, founders and interested parties in the cannabis industry to help them stay complaint, achieve world-class records and financial reporting, and provide tax planning, preparation, and filing. Mr. Waller earned his B.S.B. from University of Minnesota and is certified by Minnesota Board of Accountancy.