Cannabis Law

ME Specific

Marijuana Business Law in Maine

Credits Available
Credit Status Total
Maine CLE Approved 6 Total
OnDemand
6 hours 7 minutes
Sven Wiberg
Jill Cohen
Christine Baily
Christine Gervais
Scott Lever
With Sven Wiberg from Wiberg Law Office, PLLC + 4 others
Recorded July 29, 2024
Product ID 98581

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Overview

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

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 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 marijuana-related businesses.
  • Evaluate the current banking landscape and determine whether a cannabusiness can obtain financing.
  • Ensure marijuana business clients have business policies and procedures in place that help them avoid legal scrutiny.
  • Confidently advise clients on all aspects of the marijuana 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. State and Federal Cannabis Law Updates
  2. Banking and Financing for the Marijuana Industry
  3. Marijuana Businesses Law in Maine
  4. Obtaining a Maine Cannabis Business License
  5. Legal Best Practices for Marijuana Product Packaging, Labeling, and Testing
  6. Maine Marijuana Taxation: The Latest Rules
  7. Ethics
Product ID 98581

Credit Details

Credits Available
Credit Status Total
Maine CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. State and Federal Cannabis Law Updates

    1. Cannabis Under the Controlled Substances Act (CSA)
    2. Decriminalization and Legalization in Maine (ME)
    3. Recent Proposal by the US Department of Justice (DOJ) to Reschedule Marijuana Under the CSA
    4. Impacts of Rescheduling on Medical- v. Adult-Use Marijuana
    5. Federal Government's New Role and Coordination With ME Agencies and Officials
  2. Banking and Financing for the Marijuana 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
  3. Marijuana Businesses Law in Maine

    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 Maine Cannabis Business License

    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, 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
  6. Maine Marijuana Taxation: The Latest Rules

    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

    1. Marijuana 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 marijuana law for:

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

Speakers

Sven Wiberg
Sven
Wiberg
Wiberg Law Office, PLLC
Jill G Cohen
Jill G.
Cohen
Verrill Dana LLP
Christine Baily
Christine
Baily
C Baily Law LLC
Christine Gervais
Christine
Gervais
Cultivate Consulting Co
Scott T Lever
Scott T.
Lever
Rudman Winchell
Speaker bio
Sven Wiberg

Sven Wiberg

Wiberg Law Office, PLLC
Sven Wiberg

is of senior counsel with Wiberg Law Office, PLLC, where he practices personal injury law, criminal defense law, marijuana law, and gun law. He is admitted to practice in New Hampshire and Massachusetts; and before the U.S. District Court, District of New Hampshire; U.S. District Court District of Massachusetts; and the U.S. Court of Appeals, First Circuit. Mr. Wiberg earned his B.S. degree from the State University of New York and his J.D. degree from the University of New Hampshire School of Law.

Speaker bio
Jill G Cohen

Jill G. Cohen

Verrill Dana LLP
Jill Cohen

is the managing partner at Cohen Law Maine LLC. She is a former prosecutor turned cannabis attorney and has been practicing since 2001 when she first became licensed in Georgia. Serving as a public defender, then as an Atlanta felony prosecutor, Ms. Cohen then went into private criminal defense practice in 2012. She served as a visiting professional in the Office of the Prosecutor at the International Criminal Court in The Hague, Netherlands. Ms. Cohen co-founded a criminal justice non-profit, The Georgia Innocence Project, which over the past twenty years has worked to exonerate the wrongfully convicted. With nearly two decades of experience and a track record of success, she has been peer-nominated to Super Lawyers six years in a row. Ms. Cohen is a member of the Maine Cannabis Industry Association, Maine Craft Cannabis Association, Maine Municipal Association, Cumberland Bar Association, and the International Cannabis Bar Association. She works diligently to stay current on the ever-evolving changes in federal and state cannabis law. Ms. Cohen understands that anyone operating in the cannabis space is not in the cannabis business but in the compliance business. She partners with her clients to assure compliance in a complex uncertain regulatory environment. When it comes time to secure state and local licenses for your business, Ms. Cohen has the knowledge, experience and patience to work through the rigorous licensing process with you. She earned her B.A. degree from Ithaca College and her J.D. degree from Georgia State University.

Speaker bio
Christine Baily

Christine Baily

C Baily Law LLC
Christine Baily

has 20+ years of experience in the private and public sectors, including advising governmental agencies and officials on the legal requirements for business owners and professionals operating in regulated industries. As a solo practitioner, she works directly with clients offering a unique expertise that helps them achieve their objectives. Ms. Baily is licensed to practice in Massachusetts and Connecticut. She is seeking admission in Maine. As the founding general counsel of the first state agency in the Northeast to stand up the medical and adult use cannabis industries, she can leverage her experience and expertise to help cannabis and hemp businesses navigate the legal requirements and risks of cultivating, manufacturing, delivering, transporting, storing, selling, and testing. For business owners looking to expand, Ms. Baily can help weigh the benefits and risks of operating in multiple states. She earned her B.A. degree from Rutgers University, her M.A. degree from Clark University, and her J.D. degree, cum laude, from Western New England University School of Law.

Speaker bio
Christine Gervais

Christine Gervais

Cultivate Consulting Co
Christine Gervais

is a tenured CPA and PhD candidate with almost two decades of experience serving small business clients. She has an extensive background in both public accounting, as well serving as a CFO for privately held companies and specializing in tax strategy for small, closely held organizations. Ms. Gervais has been recognized as one of the foremost experts on 280(e) and is also a nationally recognized speaker and writer. When she's not serving Cultivate Consulting Co's clients she enjoys spending time with her family and their many farm animals. 

Speaker bio
Scott T Lever

Scott T. Lever

Rudman Winchell
Scott Lever

serves the firm in an of counsel position providing expert legal services to businesses operating in regulated industries. With a wealth of experience spanning various sectors, including business and corporate, municipal and land use, real estate, civil litigation, and criminal defense, Mr. Lever has established himself as a trusted advisor and advocate. In addition to his legal practice, he is the principal and founder of Lever Consulting. Mr. Lever specializes in licensing and compliance for cannabis companies, mergers and acquisitions, and corporate litigation. His approach to understanding his clients' unique needs involves collaborative leadership and problem-solving. Through thoughtful conversations, he delves into their goals, seeking to connect on a human level. Known for his knowledge, experience, and professional demeanor, Mr. Lever provides tailored legal solutions that align with his clients' objectives. He earned his J.D. degree from the University of Maine School of Law in 2011, concurrently working for both Cumberland and York County District Attorney's Offices. Later, Mr. Lever served as the chief legal officer and lobbyist for Maine's largest construction trade association, transitioning to a role as a state regulator. Subsequently, he held the position of Deputy Commissioner of DHHS, playing a crucial role in securing the recertification of Riverview Psychiatric Center by the US Centers for Medicare & Medicaid Services, a significant achievement in healthcare regulation. Mr. Lever also co-led the launch of Maine's Adult Use Cannabis Program, contributing to the establishment of the state's first regulated Cannabis agency.

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