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Overview
Learn How to Effectively Own and Operate a Marijuana Business
The legalization of marijuana has created a multitude of business opportunities, but it has also created many questions and uncertainties for attorneys advising businesses. With so much legal gray area it gets hard to define many aspects of how to actually run the business. In this full-day program, expert faculty will equip you with the essential skills you need to effectively (and legally) run a marijuana business. Don't miss out on this vital marijuana business operations course - register today!
- Examine marijuana business regulations, state/federal compliance, and licensing changes.
- Evaluate the current banking landscape, review requirements of FinCEN guidance, learn how to get a bank account, raise capital, and more.
- Learn how to create solid marijuana business plans and policies and accurately deal with 401k issues.
- Review tax implications and better understand Section 280E of the IRS Tax Code.
- Gain the tools you need to protect trademarks and stay in compliance with strict marketing/advertising guidelines.
- Better understand site security and zoning requirements to avoid costly legal ramifications.
- Get the skills you need to handle the top marijuana operating issues, including tricky international issues.
- Analyze the ethical implications of advising cannabis business clients.
Abbreviated Agenda
- How to Remain Compliant: Marijuana Laws, Licensing, and More
- Banking and Financing for Marijuana Businesses
- Human Resources, Labor, and Employment
- Reviewing Marijuana Business Tax Implications, Recordkeeping, and Accounting Best Practices
- Protecting Marijuana Trademarks and Reviewing Advertising, and Marketing Considerations
- Examining Marijuana Site Security and Zoning Requirements
- Handling the Top Marijuana Operating Issues
- Legal Ethics
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| California CLE |
|
6 Total | 03-18-2028 |
Select Jurisdiction
CLE
Agenda
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How to Remain Compliant: Marijuana Laws, Licensing, and More
- The Regulatory Status/Current Challenges of Marijuana
- Impacts and Risks of Federal Law
- Setting Up and Maintaining Comprehensive Compliance Standards and Practices
- What Permitting is Needed for Each Type of Operation?
- Hemp vs. Marijuana - Botanical and Regulatory Distinctions
- Making Changes to Your License
- How to Remain Compliant for Cultivations, Processors, Retailers, Wholesalers, Transports, and Manufacturers
- Fighting Regulatory Enforcement Actions
- Dealing With Regulators About Cannabis
-
Banking and Financing for Marijuana Businesses
- Banking Laws, Regulations, FinCEN Requirements, and Prohibitions
- How to Get a Bank Account for the Cannabis Business
- Financing the Marijuana Startup
- Handling MJ Financing Issues
- What to do With the Funds...
- Payment Systems: Examining Illegality
- Cash Handling and Anti-Money Laundering Policies, Procedures, and Penalties
- Managing Growth: Seeking Investment, New Business Partners, Mergers, and IPOs
-
Human Resources, Labor, and Employment
- Choosing/Assembling the Right Management/Executive Team
- Hiring, Staffing, and Training for the Marijuana Business
- Handling 401k Issues Specific to the Cannabis Business
- Understanding MJ Corporate Governance - Proper Forms and Processes
-
Reviewing Marijuana Business Tax Implications, Recordkeeping, and Accounting Best Practices
- How to Deduct Business Expenses in Light of 280E
- Tax Ramifications/Implications - How and Why Taxation Affects Bottom Line and Business Plan
- Examining Cannabis Record Keeping Requirements
- Reviewing MJ Accounting, Profit, and Loss Best Practices
-
Protecting Marijuana Trademarks and Reviewing Advertising, and Marketing Considerations
- Reviewing Cannabis Trademarks: Federal vs. State Level
- What are the Legal Restrictions for Marijuana Labels?
- Strategies for Registering a Federal MJ Trademark With the US Patent & Trademark Office
- What are the Legal Requirements for Marketing Marijuana?
- Cannabis Licensing: How to Build Your Product Lines and Offer Variety
- Examining Advertising Restrictions
-
Examining Marijuana Site Security and Zoning Requirements
- Reporting Emergencies
- Waste and Process for Changing Operating Plan and Premises
- Reviewing Site Security Requirements for Different Operations
- Examining Local Municipal Zoning Regulations and Requirements
-
Handling the Top Marijuana Operating Issues
-
Legal Ethics
- Marijuana and Rules of Professional Conduct
- Duty to Pursue Justice
- Attorney Use of Cannabis Products
- Attorney Ownership of Cannabis Businesses
Who Should Attend
This intermediate level online seminar provides practical information on marijuana law for:
- Attorneys
- Accountants and CPAs
- Bankers and Commercial Lenders
- Certified Financial Planners
- Paralegals
Speakers
Speaker bio
Bruce T. Andersen
is the president of BTA Corporation, a boutique firm located in Los Angeles, California, providing tax, accounting, and consulting services to small businesses. He is a certified public accountant. Mr. Andersen has taught management science and information systems at California State University in Bakersfield. For the last 14 years, he has been a member of the faculty at the University of Phoenix School of Business. Mr. Andersen is a member of California Society of Certified Public Accountants. He earned his B.S. degree from Iowa State University, his M.S.B.A degree from Boston University, his M.B.A. degree from California State University in Bakersfield and his M.S. degree (taxation) from Golden Gate University. After watching the cannabis industry for several years, the firm set up a division specifically for the cannabis industry in 2018, branded as CannabisCPA.tax, providing tax, audit, accounting and systems support to the cannabis industry.
Speaker bio
Jessica C. McElfresh
is the founder of McElfresh Law, Inc. and an attorney in San Diego, California, specializing in cannabis law and policy. She has focused on cannabis law and policy for her entire career and has represented numerous qualified patients, collectives, cultivators, delivery services, landlords, and storefront dispensaries. Among her recent accomplishments are representing several clients through successful dispensary applications in jurisdictions including the city of San Diego, county of San Diego, Desert Hot Springs, and Cathedral City. Ms. McElfresh has served on a mayoral working group to regulate access to medical cannabis and she has co-authored several local ballot initiatives. She has taught continuing legal education classes for attorneys about medical cannabis law, and she has spoken at conferences including the National Cannabis Industry Association's Annual Business Summit and Expo. Ms. McElfresh graduated, summa cum laude, from Scripps College, and attended the University of San Diego School of Law on a Dean's Honor Scholarship for her Juris Doctorate. She is a member of the State Bar of California; U.S. Supreme Court; U.S. Court of Appeals for the Ninth Circuit; and the U.S. District Court for the Southern, Central, Eastern, and Northern Districts of California. (Los Angeles and San Bernardino locations)
Speaker bio
Kimberly R. Simms
is the founding attorney of the Law Office of Kimberly R. Simms, which she opened immediately after law school focusing on the legal and political needs of the medical marijuana community. In her law practice, she has fought relentlessly for patients' rights, negotiated with government officials to craft reasonable and effective regulations that allow for safe access, litigated complex land use and zoning cases, and advised hundreds of medical cannabis entrepreneurs. Ms. Simms serves as co-founder for the San Diego Chapter of Women Grow and is an active member of San Diego's political community and serves on the Board of Directors of the San Diego Leadership Alliance. She is also a member of the San Diego County Bar Association, California State Bar, Lawyers Club of San Diego, California NORML, American's For Safe Access, National Cannabis Industry Association and the National Cannabis Bar Association. Ms. Simms earned her J.D. degree from Thomas Jefferson School of Law.
Speaker bio
Alyssa B. Samuel
is senior counsel with Husch Blackwell LLP with a passion for the power of plants. She assists clients in the cannabis, alternative protein, food and beverage, and hospitality spaces with complex commercial transactions. Ms. Samuel oversees mergers, acquisitions, joint ventures divestitures and other transactions, negotiating terms, drafting agreements, and advising clients on how to create a path forward. In addition to her transactional work, she helps clients communicate with regulatory and administrative agencies and advises on general regulatory compliance. Ms. Samuel is well-versed in labeling laws, trade secret questions and food safety matters, and also has experience with the complexities of alcohol licensing in the hospitality industry, particularly in related real estate and hotel transactions. Today, she divides her practice between cannabis, food, and hospitality clients with a keen focus on the alternative protein industry. With a practice that's focused on forward-looking industries, Ms. Samuel is a member of the firm's Environmental, Social and Governance (ESG) Committee and routinely works with clients on climate sustainability issues within corporate transactions. She earned her B.A. degree from the University of San Francisco and her J.D. degree from the University of Denver Sturm College of Law. Ms. Samuel is a member of the National Cannabis Industry Association. She is admitted to practice in California and Colorado.
Speaker bio
Aaron C. Lachant
is a partner with Leech Tishman, serving at the forefront of the cannabis industry and solving complex regulatory, compliance, and licensing issues. After co-authoring the Proposition D legislation that provides certain cannabis dispensaries with legal protection from shutdown, provided they comply with the requirements set forth in the legislation, he has assisted approximately 45 of the original 135 legalized dispensaries in keeping their businesses open and flourishing. Mr. Lachant's experience as a pioneer in the cannabis industry, combined with his nuanced understanding of the regulatory landscape, has earned him the reputation of a "go-to" attorney for legal cannabis business advice. He has worked on many sophisticated corporate transactions, advising clients on M&A deals, partnership disputes, and litigation involving regulatory violations. Mr. Lachant also regularly serves as outside general counsel to businesses in the industry. He also has experience with business licensing investigations, enforcement actions, and administrative hearings, as well as ambulatory service center compliance regulations, corporate practice of medicine, regulations involving med-spas, medical and nursing board investigations and subsequent enforcement hearing defense, and healthcare professionals' scope of practice and supervision. Mr. Lachant earned his J.D. degree from Syracuse University. He is a member of the State Bar of California (Health Law Section), Healthcare Compliance Association, Greater Los Angeles Collective Alliance (GLACA) Los Angeles County Advisory Working Group (Cannabis Regulation) and the MMLG. Mr. Lachant is admitted to practice in California.
Speaker bio
Allison Cole
is an associate with the Minneapolis office of Husch Blackwell. While her practice is primarily devoted to trademarks and trademark portfolios, she also assists with copyrights and regularly drafts both trademark and copyright applications, as well as responses to office actions from the USPTO. Ms. Cole works closely with clients to develop customized strategies to build and protect portfolios both domestically and around the world, and she has collaborated with international counsel in Europe, Asia, Africa, and the South Pacific. In addition to overall trademark and copyright management, she also assists with occasional litigation and trademark and copyright infringement lawsuits. Ms. Cole represents clients in a wide range of industries, but is particularly experienced with breweries and medical device companies. In addition to large corporations, she has worked extensively with small businesses, startups, and emerging companies, usually working directly with business owners. Ms. Cole earned her B.A. degree from Oberlin College and her J.D. degree from University of St. Thomas School of Law.
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