Cannabis Law

NM Specific

Cannabis Business Law in New Mexico

Credits Available
Credit Status Total
New Mexico CLE Approved 6 Total
New Mexico Paralegal Division, State Bar of Approved 6 Total
OnDemand
5 hours 50 minutes
Eric Dixon
Tracy Ahr
Patricia Monaghan
Savannah Hoover
With Eric D. Dixon from Eric D. Dixon, Attorney and Counselor at Law, P.A. + 3 others
Recorded April 23, 2024
Product ID 98173

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Overview

Know the Salient Points of Cannabis Laws and Effectively Advise Your Clients

The legalization of cannabis 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 state 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 - register today!

  • Understand how the federal government can use forfeiture laws to close cannabis-related businesses.
  • Evaluate the current banking landscape and determine whether a cannabusiness can obtain financing.
  • Ensure cannabis business clients have business policies and procedures in place that help them avoid legal scrutiny.
  • Confidently advise clients on all aspects of the cannabis business licensing process.
  • Gain practical legal tips on cannabis product packaging, labeling, and testing.
  • Recognize the state and federal tax implications for cannabis-related businesses.
  • Analyze the ethical implications of advising cannabis business clients.

Abbreviated Agenda

  1. Federal Responses to New Mexico Cannabis Law
  2. Legal Best Practices for Cannabis Product Packaging, Labeling, and Testing
  3. Cannabis Businesses Law in New Mexico
  4. Obtaining a New Mexico Cannabis Business License
  5. Banking and Financing for the Cannabis Industry
  6. New Mexico Cannabis Taxation: The Latest Rules
  7. Ethics

Related Topics

Product ID 98173

Credit Details

Credits Available
Credit Status Total
New Mexico CLE Approved 6 Total
New Mexico Paralegal Division, State Bar of Approved 6 Total
Select Jurisdiction
CLE
Paralegal

Agenda

All times are shown in

  1. Federal Responses to New Mexico Cannabis Law

    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. Legal Best Practices for Cannabis Product Packaging, Labeling, and Testing

    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

  3. Cannabis Businesses Law in New Mexico

    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 New Mexico Cannabis Business License

    1. Application Procedures: Avoiding Mistakes
    2. Grounds for License Refusal
    3. License Renewals
    4. License Transfers
    5. Appealing Application Denials

  5. Banking and Financing for the Cannabis Industry

    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

  6. New Mexico Cannabis Taxation: The Latest Rules

    1. State and Local Taxation Protocols for 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

    1. Cannabis and Rules of Professional Conduct
    2. Duty to Pursue Justice
    3. Attorney Use of Cannabis Products
    4. Attorney Ownership of Cannabis Businesses

Who Should Attend

This intermediate level online seminar provides practical information on cannabis law for:

  • Attorneys
  • Accountants and CPAs
  • Bankers and Commercial Lenders
  • Financial Advisors
  • Paralegals

Speakers

Eric D Dixon
Eric D.
Dixon
Eric D. Dixon, Attorney and Counselor at Law, P.A.
Tracy Ahr
Tracy
Ahr
Ahr Law Offices PC
Patricia M Monaghan
Patricia M.
Monaghan
Monaghan Law Office, PC
Savannah J Hoover
Savannah J.
Hoover
Seekees Consulting, LLC
Speaker bio
Eric D Dixon

Eric D. Dixon

Eric D. Dixon, Attorney and Counselor at Law, P.A.
Eric Dixon

is a graduate of St. Louis University Law School, and has practiced law in the state of New Mexico since 1985 and Texas since 1988. He has served on various local and state boards over the years. Mr. Dixon has several publications to his credit, along with op-ed pieces. He has taught law-related subjects at various universities and colleges in the eastern New Mexico region. Mr. Dixon has argued cases in the Federal Tenth Circuit Court of Appeals, New Mexico Supreme Court, New Mexico Court of Appeals and the Texas Court of Appeals in Amarillo, Texas. He has litigated both civil and criminal jury trials to verdicts in excess of one hundred cases. Mr. Dixon has been involved in litigation that has made national and international news. He has been involved in numerous charitable activities over the years, including leadership roles in both local and state boards and committees.

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Speaker bio
Tracy Ahr

Tracy Ahr

Ahr Law Offices PC
Tracy Ahr

is a shareholder in the Albuquerque law firm of Ahr Law Offices PC. She is a frequent speaker on the unique taxation issues faced by companies and enterprises involved in the sale and distribution of cannabis and cannabis-related products and services. Ms. Ahr holds a Juris Doctor, master's in business administration, and bachelor's degree from the University of New Mexico, as well as a Master of Law in taxation from the University of Florida. In addition to advising cannabis businesses, her practice focuses on tax, tax controversy, tax planning, and business dispositions and acquisitions. Since 2006, Ms. Ahr has been listed in Best Lawyers In America for the practice areas of tax law, tax litigation and employee benefits law, and has an AV rating from Martindale Hubble. She is admitted to practice law in New Mexico.

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Speaker bio
Patricia M Monaghan

Patricia M. Monaghan

Monaghan Law Office, PC
Patricia Monaghan

primarily practices in cannabis business law, business organizations, and business transactions/contract law. Her work includes a concentration on representing and advising licensed cannabis producers, manufacturers, retailers, couriers, and consumption lounges and license applicants under the New Mexico Cannabis Regulation Act, formerly under the Lynn & Erin Compassionate Use Act. Ms. Monaghan has successfully represented applicants for integrated, full and micro cannabis producer, manufacturer, retailer, courier, and consumption lounge business licenses since the first year they were issued for medical cannabis in 2009. She also assists cannabis businesses in maintaining compliance in this highly regulated market. She is consistently working with state and local agencies, monitoring new policies and changes in the law to help clients stay in the forefront as the cannabis industry continues to evolve. She has presented multiple seminars on New Mexico Cannabis Business Law. Additionally, she served as a member from 2009-2023 and as the Chair of the Board of Directors from 2019 & 2023 of a Vertically Integrated New Mexico Cannabis Business Corporation. She is a member of the New Mexico State Bar, Albuquerque Bar Association, and the International Cannabis Bar Association. Ms. Monaghan also is a member and Past Chair for two years of the Board of Directors of the Cannabis Law Section of the New Mexico State Bar. She also served as a member of the Cannabis Control Division Rulemaking Workgroup (2022) and of the New Mexico State Cannabis Accessibility and Affordability Task force (2018 - 2019). She is the founder, Chair of the Board of Directors, and President of the nonprofit Medical Cannabis Compassion Foundation of New Mexico. She is also an active member of NORML's National Legal Committee. She has an MBA with ten years of commercial banking experience prior to law school and is a 1996 honor graduate of the University of New Mexico School of Law.

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Speaker bio
Savannah J Hoover

Savannah J. Hoover

Seekees Consulting, LLC
Savannah Hoover

works as a part-time transactional attorney at Ahr Law Offices, P.C. in Albuquerque, New Mexico. She has worked with entrepreneurs, cannabis professionals, tech startups, sports teams, and creatives to protect their businesses through effective business formation, collaborative contracting, strategic expansion, and thoughtful partnerships. Ms. Hoover graduated from the University of New Mexico with her Juris Doctor and Master of Business Administration degrees and holds an interdisciplinary studies degree in outdoor adventure leadership and journalism. She is a member of the American Bar Association, Cannabis Law Section of the State Bar of New Mexico, Business Law Section of the State Bar of New Mexico, and Intellectual Property Section of the State Bar of New Mexico. During graduate school, Ms. Hoover explored the intersection of technology, business, law, and the creative economy and how to reduce barriers to those spaces for women and BIPOC communities. She holds her license to practice law in the states of New Mexico and Texas.

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