Audio CD + Course Book

Cannabis Business Law in California

Audio CD + Course Book

Copyright Date:

December, 2017

Product ID#:

77557CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • CA CLE - 6.00
From Event: Cannabis Business Law in California, 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 professionals 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 are you 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 California Cannabis Business Law
  2. Banking and Financing for the Cannabis Industry
  3. Recreational Cannabis Businesses Law in California
  4. Obtaining a California Cannabis Business License
  5. Legal Best Practices for Cannabis Product Packaging and Testing
  6. California Cannabis Taxation: The Latest Rules
  7. Ethics

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 CA - Credit Approval Expiration 12/12/2019 *


* denotes specialty credits

Agenda / Content Covered

  1. Federal Responses to California Cannabis Law
    9:00 - 9:45, Written by Oren Bitan. Presented by Oren Bitan in Pasadena and Oxnard and Michele E. Brooke in Bakersfield and San Luis Obispo.
    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 Cannabis Industry
    9:45 - 10:30, Written by Oren Bitan. Presented by Oren Bitan in Pasadena and Oxnard and Michele E. Brooke in Bakersfield and San Luis Obispo.
    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 Cannabis Businesses Law in California
    10:45 - 11:45, Written by Bryan Bergman. Presented by Bryan Bergman in Pasadena and Oxnard and Michele E. Brooke in Bakersfield and San Luis Obispo.
    1. How the New Law and Medical Cannabis Laws Interact
    2. Powers of State Regulatory Agencies
    3. Entity Considerations
    4. Marketing Restrictions
    5. Employment Rules and Restrictions for Cannabis Businesses
    6. Negotiating Third-Party Agreements with Cultivators, Managers etc.
    7. Preparing for State Regulatory Agency Inspections
  4. Obtaining a California Cannabis Business License
    11:45 - 12:30, Written by James Devine. Presented by James Devine in Pasadena and Oxnard and Michele E. Brooke in Bakersfield and San Luis Obispo.
    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 Cannabis Product Packaging and Testing
    1:30 - 2:15, Written by Michele E. Brooke. Presented by Michele E. Brooke in Pasadena, Oxnard, Bakersfield and San Luis Obispo.
    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. California Cannabis Taxation: The Latest Rules
    2:30 - 3:30, Written by Abraham Finberg and Jeremy J Salvador. Presented by Jeremy J Salvador in Pasadena and Oxnard and Abraham Finberg in Bakersfield and San Luis Obispo.
    1. State and Local Taxation Protocols for Recreational Cannabis 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 James Devine. Presented by James Devine in Pasadena and Oxnard and Michele E. Brooke in Bakersfield and San Luis Obispo.
    1. Cannabis and Rules of Professional Conduct
    2. Duty to Pursue Justice
    3. Attorney Use of Cannabis Products
    4. Attorney Ownership of Cannabis Businesses

BRYAN BERGMAN is an attorney with Bergman Law Group in Woodland Hills. Mr. Bergman has been practicing for over a decade with experience in complex business transactions; civil litigation involving complex issues surrounding real estate, business and family law disputes; and assisting cannabis businesses, real estate owners involved in the cannabis industry, investors, and ancillary cannabis service companies in California. His services range from providing assistance in entity strategy and formation; contract negotiations and drafting on a wide variety of deals including real estate, investment, management, and employment issues; license application preparation; regulatory compliance; organizational structuring; and trade association formation and management. Lastly, Mr. Bergman prides himself on being a trusted advisor with a substantial network of cannabis professionals available to assist his clients in matters that Mr. Bergman cannot provide services for his clients personally; including being the founding member of Cannaminds, a group of cannabis industry professional consultants with members from a variety of professions including legal, financial/accounting, labor, political consulting/lobbying, real estate, banking, business development, media, social media, and brand marketing. Mr. Bergman earned his undergraduate degree from Tulane University and his law degree from UC Hastings in San Francisco, California. (Oxnard and Pasadena locations)

OREN BITAN is an attorney within the Los Angeles office of Buchalter APC. 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. (Oxnard and Pasadena locations)

MICHELE 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. (Bakersfield, Oxnard, Pasadena, and San Luis Obispo locations)

JAMES DEVINE is the principal attorney at the Law Offices of James B. Devine, APC. Mr. Devine is a small business attorney whose practice is located in Ventura, California, one of the least cannabis-friendly jurisdictions in California. He represents individuals and entities in numerous aspects of cannabis law including dispensary operators, cultivators, manufacturers, transporters and distributors, their landlords, non-cannabis suppliers, and of course, individual patients seeking the right to consume medical cannabis. He has also litigated cannabis-related issues in California civil cases as well as federal and state criminal cases. Mr. Devine was the co-author of "Medical Marijuana Law in California," published by NORML in 2011, and co-author, "Medical Marijuana Practice: The Tension between State’s Rights and Federal Law” Forum, June 2011. Most recently, he served as a speaker at the 2016 State Bar of California - Environmental Section, Annual Environmental Law Conference, "Environmental and Economic Impacts of California’s Bold New Cannabis Future." Mr. Devine earned his B.A. degree from DePaul University and his J.D. degree from the University of San Francisco School of Law. He is a member of National Legal Committee for NORML (lifetime member), State Bar of California, and the Santa Barbara County Bar Association. (Oxnard and Pasadena 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. (Bakersfield and San Luis Obispo locations)

JEREMY J. SALVADOR, CFE, CFC, CIFA, ASBC is a partner at Miod and Company, LLP where he has been specializing in forensic accounting for family law and civil litigation since 2009. Mr. Salvador regularly prepares income available for support reports, business valuations, arrearage calculations, tracings, community property balance sheets, and apportionment analyses. He has qualified and testified as an accounting expert witness for the Los Angeles Superior Courts. Mr. Salvador earned his B.S. degree from California State University, San Bernardino, and professional certificates in advanced computer security, innovation and emerging technologies from Stanford University, and is currently attending Harvard University pursuing his M.A. degree in finance. He is a member of the American Accounting Association, American Board of Forensic Accounting, Institute of Certified Business Consultants, Association of Accredited Small Business Consultants, American Institute of Certified Public Accountants, and California Society of Certified Public Accountants. (Oxnard and Pasadena locations)

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Accreditation Details:

Continuing Legal Education

CA CLE: 6.00 Credit Approval Exp
12/12/2019
Includes - Ethics: 1.00
This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and may qualify for up to 6.0 hours of self-study credit, of which 1.0 hour will apply to legal ethics self-study credit. 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.


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