Audio CD + Course Book

Marijuana Business Law in California

Audio CD + Course Book

Copyright Date:

January, 2018

Product ID#:

78124CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • CA CLE - 6.00
From Event: Marijuana Business Law in California, held January 2018.

Program Description

The legalization of marijuana has created business opportunities, but it has also created many questions and uncertainties for professionals advising 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 Marijuana Law
  2. Banking and Financing for the Marijuana Industry
  3. Marijuana Businesses Law in California
  4. Obtaining a California Cannabis Business License
  5. Legal Best Practices for Marijuana Product Packaging and Testing
  6. California Marijuana Taxation: The Latest Rules
  7. Ethics

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 CA - Credit Approval Expiration 01/18/2020 *


* denotes specialty credits

Agenda / Content Covered

  1. Federal Responses to California Marijuana Law
    9:00 - 9:45, Written by Oren Bitan. Presented by Oren Bitan in Oceanside, Palm Desert and Irvine.
    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 Oren Bitan. Presented by Oren Bitan in Oceanside, Palm Desert and Irvine.
    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
    10:45 - 12:00, Written by Arthur D. Hodge. Presented by Arthur D. Hodge in Oceanside and Irvine and by Michele E. Brooke in Palm Desert.
    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
    1:00 - 1:45, Written by Jessica C. McElfresh. Presented by Michele E. Brooke in Oceanside, Palm Desert and Irvine.
    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
    1:45 - 2:30, Written by Michele E. Brooke. Presented by Michele E. Brooke in Oceanside and Palm Desert and by Michael S. Chernis in Irvine.
    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 Marijuana Taxation: The Latest Rules
    2:45 - 3:30, Written by Michael S. Chernis and Abraham Finberg. Presented by Abraham Finberg in Oceanside, Michele E. Brooke in Palm Desert and Michael S. Chernis in Irvine.
    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
  7. Ethics
    3:30 - 4:30, Written by Michael S. Chernis, Jay Leiderman and Geoffrey M. Yaryan. Presented by Michele E. Brooke in Oceanside, Geoffrey M. Yaryan in Palm Desert and Michael S. Chernis and Jay Leiderman in Irvine.
    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 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. (Oceanside and Palm Desert and Irvine 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. (Oceanside and Palm Desert locations)

MICHAEL S. CHERNIS is the owner of Chernis Law Group, P.C., specializing in the marijuana industry and representing business owners, corporations and individuals in regulatory issues, civil cases and criminal defense. Mr. Chernis represents medical marijuana clients seeking to form collectives, existing stores and mobile dispensaries, patients and doctors, manufacturers and cultivators, landlords, and others seeking to do business with such collectives. He represents individuals and businesses in civil litigation with municipalities arising from such activities and in criminal matters when charged with violating federal or state Medical Marijuana (MMJ) laws. Mr. Chernis helped found, and is the policy director of, the L.A. Cannabis Task Force. He regularly writes and lectures on the subject of MMJ regulation. He co-authored the chapter entitled "Criminal Activities" in Neighbor Disputes: Law and Litigation (CEB), first published in 2013 by the State Bar of California’s Continuing Education Division. Mr. Chernis received his B.A. degree from Brandeis University and earned his J.D. degree from Fordham University School of Law. He is a member of the State Bar of California (Litigation and Criminal Defense sections), Los Angeles County (Litigation and Criminal Defense sections), Santa Monica and National Cannabis bar associations, National Association of Criminal Defense Attorneys, Lawyers Committee for the National Organization for the Reform of Marijuana Laws (NORML) and California Public Defenders Association. (Irvine location)

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. (Oceanside location)

ARTHUR D. HODGE is a sole practitioner, celebrating 25 years in practice this year and has litigated civil matters in California related to cannabis issues since 2006. He represents and advises businesses, collectives, cultivators, individual operators, brands and property owners involved in the medical cannabis industry with civil litigation and compliance matters. Born and raised in southern California, Mr. Hodge is a graduate of University of California, Irvine, where he delivered the commencement address for the UC Irvine School of Social Studies at his own ceremony. He received his J.D. degree from the University of San Diego-School of Law, where he was awarded American Jurisprudence Awards in the fields of constitutional law, as well as products liability. (Oceanside and Irvine locations)

JAY LEIDERMAN is the owner of the Law Office of Jay Leiderman, a Ventura, California based law firm. Mr. Leiderman advises medical marijuana collectives, teaching them the law, writing up their contracts and articles of association, and helping them to comply with local and state laws. He co-authored a book on the legal defense of California medical marijuana crimes, which was published by NORML, the National Organization For the Reform of Marijuana Laws. Mr. Leiderman has lectured nationwide on various topics including computer crimes and hacking and the civil rights associated there with, medical marijuana, prosecutorial and judicial error, and emerging technology in the legal field. He attained his B.A. degree from the University of Michigan and earned his J.D. degree from the University of San Francisco. Mr. Leiderman has been a certified criminal law specialist (California Bar Board of Legal Specialization) since 2006. Lawyer Monthly magazine named him the 2016 Criminal Defense Attorney of the Year for the United States. The Atlantic magazine called Mr. Leiderman the "Hackivist's Advocate" for his work defending hacker-activists accused of computer crimes, or so-called ("Hacktivism") especially people associated with Anonymous. He defended journalist Matthew Keys from accusations that he had conspired with hackers to attack the Los Angeles Times. He also defended MMA fighter Jonathan Koppenhaver, aka "War Machine" from allegations that he beat and raped his girlfriend, porn star Christy Mack. Other noteworthy cases he defended include People v. Diaz, which went to the California Supreme Court and made law on the ability of police to search a cell phone; Louis Gonzalez, who was falsely accused of rape, attempted murder and torture by the mother of his child and was jailed for 83 days before he was released and ultimately found factually innocent; the Andrew Luster or so-called "Max Factor" heir habeas corpus proceeding, wherein his sentence was reduced by 74 years; the first-ever trial of medical marijuana defendants in San Luis Obispo County, California County; and Ventura County, California's first concentrated Mexican Mafia prosecution. (Irvine location)

GEOFFREY M. YARYAN is a sole practitioner with the Law Office of Geoffrey M. Yaryan, where he practices in the areas of criminal law, firearm regulations and marijuana. He received his B.A. degree from the University of North Carolina and his J.D. degree from the University of North Carolina School of Law. He is admitted to practice in Federal Court-Southern District of California, Federal Court-Central District of California and the Federal Court-Northern District of California. (Palm Desert location)

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Accreditation Details:

Continuing Legal Education

CA CLE: 6.00 Credit Approval Exp
01/18/2020
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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