Audio CD + Course Book

Medical Marijuana Law in Arizona

Audio CD + Course Book

Copyright Date:

June, 2018

Product ID#:


Audio + Course Book

Credit Information

Continuing Legal Education

  • AZ CLE - 6.00
From Event: Medical Marijuana Law in Arizona, held June 2018.

Program Description

Medical marijuana creates numerous opportunities for investors, business owners, healthcare providers and patients with qualifying conditions. It also creates a myriad of potential legal problems for those who misinterpret state law and fail to take into account the fact that marijuana remains a Schedule I controlled substance under federal law. It is essential that attorneys advising medical marijuana businesses, patients and healthcare providers have a firm understanding of state and federal laws, as well as business licensing procedures, taxation difficulties, financing pitfalls and more. Confidently navigate the many intricacies of medical marijuana law - order today!

Course Content

  1. Federal Responses to Medical Marijuana Laws
  2. Obtaining Medical Marijuana Business Licenses: Overcoming Hurdles
  3. Essential Business Considerations for Medical Marijuana Dispensaries
  4. Financing Difficulties for Lenders and Marijuana Businesses
  5. Medical Marijuana Business Taxation: Strategies to Overcome Current Difficulties
  6. Patients, Caregivers and Physicians: Ensuring Legal Compliance
  7. Ethics

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 AZ - Credit Approval Expiration 06/05/2020 *

* denotes specialty credits

Agenda / Content Covered

  1. Federal Responses to Medical Marijuana Laws
    9:00 - 9:45, Written and presented by Jeffrey C. Matura in Phoenix and Tucson.
    1. Current Federal Enforcement Priorities
    2. Federal Memos: Contradictory Messages
    3. Outcomes for Undermining Federal Enforcement Priorities
    4. Possible Legal Consequences to Cannabis Consumers Under Federal Law
      1. Gun Control Act of 1968
      2. Federal Housing Assistance
    5. State Agencies and Federal Funding
    6. Preemption and the Controlled Substance Act
  2. Obtaining Medical Marijuana Business Licenses: Overcoming Hurdles
    9:45 - 10:45, Written and presented by Melissa England and Tabitha Myers in Phoenix and Tucson.
    1. Types of Authorized Businesses: Dispensaries, Cultivation Facilities, Etc.
    2. Persons Prohibited from Owning and Operating Cannabis Businesses
    3. Necessary Background Checks for Owners and Employees
    4. Necessary Start-Up Funds
    5. Complying with Zoning Requirements
    6. Appeals for License Denials
    7. Overcoming Property Leasing Difficulties for Marijuana Businesses
    8. Handling License Renewals
  3. Essential Business Considerations for Medical Marijuana Dispensaries
    11:00 - 12:00, Written by Alexander J.N. Karam. Presented by Alexander J.N. Karam in Phoenix and Pamela Epstein in Tucson.
    1. Marketing Restrictions for Marijuana Dispensaries
    2. Verifying Patient Information and Dosage Amounts
    3. Security and Control Requirements for Dispensaries and Producers
    4. Product Preparation and Packaging Requirements
    5. Product Testing Requirements
    6. Complying with State Inspection Requirements
    7. Obtaining Trademarks
    8. Reporting Duties to the State Licensing Authority
    9. Negotiating Third Party Agreements with Cultivators, Managers, Etc.
  4. Financing Difficulties for Lenders and Marijuana Businesses
    1:00 - 1:45, Written and presented by Jerald S. Chesler in Phoenix and Tucson.
    1. Legal Implications for FDIC-Insured Banking Institutions
    2. Implications for Ancillary Business Service Providers
    3. Secured Real Estate Lenders and Lien Rights
    4. Due Diligence and Risk Assessment Mandates for Financial Institutions
    5. Obligation to Prepare Suspicious Activity Reports (SAR) and How They are Categorized
    6. Current and Proposed State and Federal Legislation
    7. Securing Alternate Sources of Financing: What are the Options?
  5. Medical Marijuana Business Taxation: Strategies to Overcome Current Difficulties
    1:45 - 2:30, Written and presented by Jerald S. Chesler in Phoenix and Tucson.
    1. Internal Revenue Code Section 280E and Business Deductions
    2. Business Diversification Tactics: A Detailed Tax Analysis
    3. Inventory Capitalization Strategies to Reduce Tax Burdens
    4. State Medical Marijuana Taxes: Ensuring Correct Calculations
    5. Appropriate Bookkeeping Practices to Avoid Audits
  6. Patients, Caregivers and Physicians: Ensuring Legal Compliance
    2:45 - 3:30, Written and presented by Ariel Henderson and Cassandra Meynard in Phoenix and Tucson.
    1. Qualifying Conditions for Medical Marijuana Prescriptions
    2. Obtaining Patient Registry Cards: Exclusions, Fees and Other Key Considerations
    3. Authorized Caregivers: Determining Eligibility
    4. Requirements and Liabilities for Physicians
    5. Where can Patients Consume Medical Marijuana?
    6. Employment-Related Concerns for Patients
  7. Ethics
    3:30 - 4:30, Written by Gary Smith. Presented by Gary Smith in Phoenix and Martin W. Saltzman in Tucson.
    1. Securing Licenses vs. Enforcing Rights of Licenses
    2. Duty to Pursue Justice
    3. Advising on Business Operations
    4. Conflicts with Federal Law
    5. Criminal Law Considerations
    6. Ownership of Cannabis Businesses

JERALD S. CHESLER is one of the leading medical marijuana business attorneys in Arizona. In addition to being instrumental in the Arizona cannabis business, Mr. Chesler is regarded as one of the top cannabis attorneys on the national scene. He is a founding member of the National Cannabis Industry Association (NCIA), the cannabis industry’s (the “Industry”) trade and lobbying group, and is well respected by industry leaders. Mr. Chesler has been focusing on consulting, financing and investment in this nascent industry. He serves as general counsel for American Green, Inc. (OTC: ERBB) and advises a number of ventures, including private equity and others that focus on the cannabis sector. Mr. Chesler is admitted to practice in Arizona and New York, as well as the federal courts. He continues to advise law firms and operating businesses on cannabis issues. In addition to the practice of law, Mr. Chesler recently formed companies to provide capital and management services to the industry and to create a legally compliant investment vehicle for the cannabis industry. He lectures to lawyers, doctors, accountants, real estate, and other professionals about medical marijuana, cannabis business issues and compliance with Arizona law. Until the passage of Arizona’s medical marijuana law (the AMMA), Mr. Chesler was a general practice and tax attorney in Carefree, Arizona with a focus on entrepreneurs. He earned a Bachelor of Science degree from LIU at Southampton (NY) College and his law degree from Cardozo School of Law. (Phoenix and Tucson locations)

MELISSA ENGLAND is a senior attorney with Barrett & Matura, P.C. Ms. England has over 14 years of legal experience, with her main practice areas concentrated on general commercial litigation, insurance law and cannabis law. She has received the Rising Star designation by Super Lawyers and has been named as one of Arizona’s Finest Lawyers. Ms. England also represents municipal governments, businesses and other clients in a variety of matters, including contract disputes and discrimination claims. She is a member of the Maricopa County Bar Association, Arizona Cannabis Bar Association, (secretary), Defense Research Institute and Arizona Association of Defense Counsel Ms. England received her B.A. degree from Bowling Green State University and earned her J.D. degree, cum laude, from the University of Toledo College of Law. (Phoenix and Tucson locations)

PAMELA EPSTEIN is the founder of Green Wise Consulting, LLC. In 2014, she started working in the cannabis industry and has become an advocate for local businesses with current clients ranging from startups and entrepreneurs to companies in all stages of development. Ms. Epstein ensures that her clients have the proper planning and business structure that will result in efficiency and profitability, as well as an overall benefit for the cannabis industry. She has been a featured speaker at several cannabis conferences speaking on land use, zoning, regulatory compliance and environmental issues. Ms. Epstein also serves as the legal advisor for the Inland Empire California NORML Chapter. She received her B.S. degree from University of Arizona and earned her J.D. degree from University of LaVerne and her LL.M. degree from Golden Gate University School of Law. (Tucson location)

ARIEL HENDERSON is an attorney with Waterfall Economidis Caldwell Hanshaw & Villamana PC in Tucson. She practices commercial litigation and employment law. Prior to joining Waterfall, she worked for the Civil Rights Division of the Arizona Attorney General's Office and practiced commercial litigation and employment law at a mid-sized law firm in Austin, Texas. Ms. Henderson is a member of the State Bar of Arizona, Pima County and Illinois State bar associations, and the State Bar of Texas. She is co-founder of the Tucson Chapter of Mother Attorney Mentoring Association (MAMAs). Ms. Henderson received her B.A. degree from Haverford College and earned her J.D. degree from University of Michigan Law School. (Phoenix and Tucson locations)

ALEXANDER J.N. KARAM is an attorney with Smith Saks PLC, where he concentrates his practice in the area of marijuana-related matters. He earned his undergraduate degree, magna cum laude, from the University of Arizona and his J.D. degree from Emory University School of Law. (Phoenix location)

JEFFREY C. MATURA is a founding shareholder with Barrett & Matura, P.C. His practice emphasizes cannabis law, commercial litigation, municipal and governmental law, and insurance law. Mr. Matura is head of the firm’s medical cannabis and marijuana law practice group. In this capacity, he advises dispensaries, cultivation facilities, and other licensed entities and individuals regarding compliance with the Arizona Medical Marijuana Act. He also provides counseling regarding corporate structures, contracts, policies and procedures, and licensing issues that arise with the growing, production, and sale of medical cannabis. When disputes arise, Mr. Matura handles litigation matters involving all aspects of medical cannabis, including disputes against the Arizona Department of Health Services. He is a member of National Cannabis Bar Association, Arizona Cannabis Bar Association, and State Bar of Arizona. Mr. Matura received his B.A. degree from Carleton College and earned his J.D. degree, cum laude, University of Notre Dame. (Phoenix and Tucson locations)

CASSANDRA MEYNARD is a commercial litigation attorney with Waterfall Economidis Caldwell Hanshaw & Villamana PC. Ms. Meynard’s experience includes representation of medical marijuana-related businesses in contract disputes and enforcement of judgments. Ms. Meynard is a member of the Trial Practice Executive Committee of the State Bar of Arizona and is a former Arizona assistant attorney general. Ms. Meynard received her M.F.A. and J.D. degrees from the University of Arizona. (Phoenix and Tucson locations)

TABITHA MYERS is an attorney with Barrett & Matura, P.C., licensed in Arizona and New Jersey. She concentrates her practice in civil litigation, business and corporate formation and dissolutions, contracts, and cannabis law. Ms. Myers provides legal advice, guidance, and assistance in many realms of the business world. She has a background in construction, transactional, and corporate dealings, including formation and entity structure, disputes, agreements, and contracts. She also applies her business and construction background to the legal cannabis community. Ms. Myers is a member of the State Bar Association of Arizona, Maricopa County Bar Association, Women Grow Phoenix Chapter, Arizona Cannabis Bar Association, and National Cannabis Bar Association. She earned her B.A degree from Arizona State University and her J.D. degree from Drexel University. (Phoenix and Tucson locations)

MARTIN W. SALTZMAN owner at Martin W. Saltzman PC, has represented banks, borrowers, real estate owners, small businesses, and individuals involved in bankruptcy proceedings, and entrepreneurs in the cannabis industry. He received his undergraduate degree from Brooklyn College, and he earned his J.D. degree from Boston University School of Law. He has served as a planning and zoning commissioner, town councilman and an arbitrator. He has been a speaker on cannabis related topics. (Tucson location)

GARY SMITH is a commercial litigation attorney and founding partner of Smith Saks PLC, He is a mediator/arbitrator with the American Arbitration Association. During his 24 years in practice, Mr. Smith has represented an assortment of clients in state and federal courts, administrative hearings, and arbitrations. He has also authored two legal treatises on construction law. Since 2010, Mr. Smith has represented a variety of cannabis industry participants, is a founding director of the Arizona Cannabis Bar Association, and is a frequent lecturer on a variety of cannabis issues. Mr. Smith is also a founding director emeritus of the North Phoenix Bar Association. Mr. Smith is licensed to practice law in the courts of Arizona, Colorado, New York, and North Carolina; plus various federal jurisdictions. Mr. Smith received his B.A. degree from State University of New York College at Geneseo and earned his J.D. degree from California Western School of Law. (Phoenix location)

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


Accreditation Details:

Continuing Legal Education

AZ CLE: 6.00 Credit Approval Exp
Includes - Ethics: 1.00
The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 6.0 hours toward your annual MCLE Interactive CLE requirement for the State of Arizona, including 1.0 hour of professional responsibility Interactive CLE credit.

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Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702