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Cannabis E-Commerce: Legal and Regulatory Problems and Solutions for Online Marketing and Sales

(236 reviews)

Produced on November 10, 2020

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Course Information

Time 1h 4m
Difficulty Intermediate
Topics covered in this course: Advertising Cannabis

Course Description

A host of constantly evolving state and federal laws, regulations, and policies significantly restrict how cannabis businesses can engage in commerce, operate websites, promote or market their products or services, and use consumer data. While until recently, state-licensed cannabis companies only seemed to focus on state-level cannabis regulations, last year saw a wave of litigation and complex regulatory changes that are beginning to wreak havoc on the maturing cannabis industry.

This course will examine the California Consumer Privacy Act (CCPA) and its impact on cannabis businesses, including the potential for large-scale consumer litigation against businesses in California and other states. It will discuss the Telephone Consumer Privacy Act (TCPA) and the growing wave of consumer litigation facing cannabis businesses based on text message marketing campaigns. The presenters will also examine the intersection of the Federal Trade Commission (FTC) rules and policies on advertising and how they intersect with social media companies’ policies to create serious roadblocks unique to the cannabis industry. Finally, the program will cover why cannabis businesses need to consider the accessibility requirements of the Americans with Disabilities Act (ADA) when establishing an online presence.  



Learning Objectives:

  1. Examine technology and data security and protection issues unique to cannabis businesses

  2. Identify operational and legal risks for cannabis businesses in possessing and using consumer data 

  3. Consider advertising and marketing restrictions on cannabis businesses


Credit Information

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Faculty

Griffen Thorne

Harris Bricken

Griffen is an attorney in Harris Bricken’s Los Angeles office, where he focuses his practice on corporate, transactional, intellectual property, data security, regulatory, and litigation matters across a wide variety of domestic and international industries.

As part of Harris Bricken’s corporate cannabis team, Griffen works closely with cannabis and hemp clients, whom he advises on obtaining licenses and permits, regulatory compliance, entity formation and structuring, mergers and acquisitions, corporate governance issues, contract drafting and negotiation, obtaining and protecting intellectual property rights, and administrative appeals and litigation.

He also represents clients throughout a wide range of industries regarding compliance with United States, European, and Asian Internet, technology, and data security laws and regulations. He earned Certified Information Privacy Professional certifications for the United States and Europe from the International Association of Privacy Professionals. As a data privacy and technology attorney, Griffen has acted as counsel in response to numerous data breaches across the United States, and continues to regularly assist clients with website compliance, technology transactions, and drafting privacy policies along with other website governance documents.

In his practice as a commercial and intellectual property litigator, Griffen litigated high-stakes patent, trademark, trade secret, copyright, entertainment, false advertising, unfair competition, and complex commercial disputes throughout the United States. Griffen has argued and won many dispositive and other motions, participated as a member of trial and arbitration teams, and argued before the California Court of Appeal.

Prior to beginning his legal career, Griffen studied music at the University of California, Berkeley. He then attended law school at Loyola University of Chicago, where he was the Editor-in-Chief of the Loyola University Chicago Law Journal.

In his free time, Griffen enjoys traveling and studying languages.

The Future of CBD Retail & Other Cannabinoids,” ASD Market Week, June 23, 2020.

California Cannabis Q&A,” Harris Bricken webinar, May 28, 2020.

Cannabis Quarterly Salon,” LACBA webinar, May 26, 2020.

Beyond CBD: New Cannabinoids and the 2018 Farm Bill,” Harris Bricken webinar, April 29, 2020.

COVID-19,” Companies Making Culture Podcast, April 7, 2020.

Industrial Hemp and Cultivation Laws,” The Seminar Group, April 2, 2020.

“Cannabis Law for Attorneys,” Presentation at Lewitt Hackman, March 9, 2020.

The International Cannabis Trade,” Harris Bricken webinar, March 4, 2020.

Business & Environmental Issues in Cannabis & Industrial Hemp,” The Seminar Group, Oakland, CA, February 28, 2020.

Legal Trends and the Expected Role of Cannabis Lawyers,” USA CBD Expo, Las Vegas, NV, February 14, 2020.

“Compliant Cannabis Framework & Strategies,” Outdoor Retailer Snow Show, Denver, CO, January 29-30, 2020.

Hemp & CBD Law: The Future of a Booming But Largely Unregulated Industry,” HB Litigation Conferences, July 25, 2019.

It Could Happen to You: Cannabis Agency Litigation and Enforcement,” Harris Bricken Webinar, April 23, 2019.

The Business of Marijuana in Southern California,” The Seminar Group, March 28, 2019.

It Could Happen to You: Cannabis Agency Litigation,” Harris Bricken webinar, April 23, 2019.

West Coast Hemp CBD After the Farm Bill,” Harris Bricken Webinar, February 21, 2019.

MEDIA APPEARANCES

Does Federal Law Apply To Cannabiz? Labor Case Appeals to Supreme Court,” WeedWeek, May 29, 2020.

California Pot Firms Aim to Deliver Privacy Weed Users Want,” Bloomberg Law, February 28, 2020.

Is CBD Safe to Carry on a Plane,” WebMD, November 26, 2019.

The Unique Cyber Risks Facing the Cannabis Industry,” The Recorder, November 21, 2019.

County snuffs out farmers’ plans for roadside hemp sales,” Bakersfield.com, October 14, 2019.

What Travelers Need to Know About Flying with CBD,” Weedmaps, August 2, 2019.

At Cannabis Shops, Face Recognition Is Already a Thing,” Vice, August 2, 2019.

China Privacy Policy Tougher Than GDPR, Attorney Writes,” MediaPost, July 15, 2019.

California may soon join other states in legalizing CBD foods, bypassing FDA,” Hemp Industry Daily, June 5, 2019.

You Probably Shouldn’t Bring CBD Oil to an Airport,” The Atlantic, May 3, 2019.

CBD Is Still Banned in States With Legal Weed,” Reason TV, April 20, 2019.

While cannabis industry booms locally, state licensing system is way behind,” Monterey County Weekly, April 18, 2019.

How the unsteady rise of the pot industry has made dime bags a billion-dollar business,” MarketWatch, March 1, 2019.

The CBD Crackdown Has Begun,” The Atlantic, February 6, 2019.

Getting pot delivered to your door just got easier in California,” KRON4, February 5, 2019.

The Sad News About CBD Cupcakes,” The Atlantic, January 15, 2019.

Law Firms Growing Cannabis Practices With Privacy Cases in Mind,” Bloomberg Law, December 28, 2018.

PUBLICATIONS

Regular contributor to the award-winning China Law Blog and the award-winning Canna Law Blog.

Cannabis Companies are Overlooking Data Security Laws and Regulations,” JURIST, March 17, 2020.

“The Feds Aren’t Done With Cannabis,” Legalines, San Diego Legal Secretaries Association, March 2019.

Admitting Prior Convictions for Ten Years After Incarceration: Federal Rule of Evidence 609 Implies Prison Does Not Rehabilitate, 13 PRAXIS: WHERE REFLECTION AND PRACTICE MEET (2014)

Timing is Everything: Martinez v. Illinois (Re)Specifies When Jeopardy Attaches, JURIST DATELINE (June 19, 2014)

Severance agreements do not create new debt and are valid under the Park District Code, 59 TRIAL BRIEFS (ISBA, Chicago, Ill.), May 2014, at 1 (co-written with The Honorable Russell W. Hartigan)

Illinois court finds default judgment proper only after notice and repeated failure to comply, 59 TRIAL BRIEFS (ISBA, Chicago, Ill.), May 2014, at 6 (co-written with The Honorable Russell W. Hartigan)

The Illinois Supreme Court expands the reach of the Code of Civil Procedure’s six-year statute of repose, 59 TRIAL BRIEFS (ISBA, Chicago, Ill.), March 2014, at 1 (co-written with The Honorable Russell W. Hartigan)

RECOGNITION/HONORS

Loyola University Chicago School of Law:

  • Graduated magna cum laude
  • CALI Awards for Highest Grades in Administrative Law, Advanced
  • Torts, Advocacy, Criminal Procedure II, Environmental Law, and Evidence
  • Alpha Sigma Nu Honor Society
  • Dean’s List All Semesters

MEMBERSHIPS

Los Angeles County Bar Association, Privacy and Cybersecurity, and Cannabis Sections

Professional Member, International Association of Privacy Professionals

PROFESSIONAL EXPERIENCE

Vice-Chair of Membership, Los Angeles County Bar Association

Associate Attorney, Lewis Brisbois Bisgaard & Smith LLP (2015–2018)

Certified Information Privacy Professional, United States and Europe

PRACTICE AREAS

EDUCATION

  • Loyola University Chicago School of Law (J.D. magna cum laude)
  • The University of California, Berkeley (B.A.)

BAR & COURT ADMISSIONS

  • State Bar of California
  • Central District of California
  • Central District of Illinois

LANGUAGES

  • German




Jihee Ahn

Harris Bricken

Jihee is an experienced complex commercial litigator and co-chairs Harris Bricken’s Dispute Resolution/Litigation practice. She primarily represents clients in business, intellectual property, and real estate matters for both domestic and international clients. Having worked extensively in both federal and state courts, Jihee advises her clients from case intake through arbitration and trial. Over the course of her career, she has successfully prepared and argued numerous procedural and substantive motions, regularly conducted and defended depositions, and mediated disputes when appropriate for her clients.

Jihee takes the time to understand her clients’ business needs in order to provide an effective and tailored approach to each case. Her detailed understanding of litigation procedure, dynamic manner of advocating for her clients, and high attention to detail ensure that her clients feel confident throughout any dispute resolution process.

Prior to joining Harris Bricken, Jihee worked at Baker & Hostetler in Los Angeles, where she served as the lead attorney on several cases and mentored junior associates. Jihee graduated from the UCLA School of Law with a Business Law and Policy Specialization, and she served as a research assistant to Professor Sung Hui Kim on securities regulation issues throughout her third year of law school.

Outside of work, Jihee enjoys traveling, reading, and exploring the Pacific Northwest with her husband and Australian Shepherd, Bear.

PUBLICATIONS

Regular contributor to the award-winning Canna Law Blog.

Why Is Big Pharma Heading To Canada For Its Cannabis Patents?,” The Fresh Toast, July 16, 2019.

“Cannabis Patent Case May See Trial,” DailyJournal, May 17, 2019.

SPEAKING ENGAGEMENTS

Oregon Hemp: Road Map for Local and National Success,” Harris Bricken webinar, October 3, 2019.

Winning Before Fighting: Top 12 Alternative Dispute Resolution Strategies for Cannabis Companies,” Harris Bricken webinar, August 14, 2019.

It Could Happen to You: Cannabis Agency Litigation,” Harris Bricken webinar, April 23, 2019.

PRACTICE AREAS

EDUCATION

  • University of California, Los Angeles School of Law (J.D.)
  • University of California, San Diego (B.A.)

BAR & COURT ADMISSIONS

  • California
  • Oregon
  • Washington
  • U.S. District Court, Central, Eastern, Northern, and Southern Districts of California
  • U.S. District Court, District of Oregon
  • U.S. District Court, Western District of Washington

LANGUAGES

  • Korean (proficient)




Nathalie Bougenies

HARRIS BRICKEN.

Nathalie practices corporate law, intellectual property, and cannabis law, focusing on the regulatory framework of hemp-derived CBD products. She enjoys building a deep understanding of our clients’ businesses, industries, and long-term visions, and leverages her broad expertise and international background to help our overseas companies with their foreign direct investment into the United States and to help American companies with their overseas legal needs.

Nathalie graduated from the University of Oregon School of Law, where she was the Executive Editor of the Oregon Law Review. She spent her last semester as a Fellow with the U.S. Chamber of Commerce Global Intellectual Property Center in Washington, D.C., where she researched pressing IP issues, including counterfeiting and patent reforms, and assisted Fortune 500 Companies in advocating for stronger IP rights and enforcement in the U.S. and abroad.  

In law school, Nathalie also worked as a research assistant for Professor Eric Priest, an expert on copyright law in the U.S. and China, and served as a property law tutor, helping first-year law students solidify their understanding of this topic.

Nathalie was born and raised in Belgium and has lived and studied in Africa, Asia, Europe, and North America. Her international experience offers a valuable perspective to clients whose lives and businesses are increasingly shaped by globalization.

In her free time, Nathalie loves to watch movies at Portland’s independent theaters, lose herself at farmers markets, attend art exhibits, spend time with friends, practice Barre3, and take day trips to the coast.

SPEAKING ENGAGEMENTS

How to Navigate the Marketing Landscape of Hemp-Derived CBD Foods and Dietary Supplements,” Q1 Productions, August 6, 2020.

How to Market & Sell CBD Products Online,” ASD Market Week, June 16, 2020.

Regulation of non-THC Cannabinoids,” JD Supra: The Cannabis Law Sessions, June 2, 2020.

Beyond CBD: New Cannabinoids and the 2018 Farm Bill,” Harris Bricken webinar, April 29, 2020.

The International Cannabis Trade,” Harris Bricken webinar, March 4, 2020.

Legal Trends and the Expected Role of Cannabis Lawyers,” USA CBD Expo, Las Vegas, NV, February 14, 2020.

The Current Legal Status of Industrial Hemp and CBD Products,” NORML Key West Legal Seminar, December 7, 2019.

The New Rules of Hemp,” Harris Bricken webinar, November 14, 2019.

Oregon Hemp: Road Map for Local and National Success,” Harris Bricken webinar, October 3, 2019.

Hemp & CBD Law: The Future of a Booming But Largely Unregulated Industry,” HB Litigation Conferences, July 25, 2019.

The Business of Marijuana in Oregon,” The Seminar Group, Portland, OR, May 17, 2019.

West Coast Hemp CBD After the Farm Bill,” Harris Bricken webinar, February 21, 2019.

MEDIA APPEARANCES

One last chance to fix DEA’s controversial hemp rule,” The Leaf Online, September 10, 2020.

CBD and Hemp Industry Threatened by New DEA Rule,” Vaping360, August 30, 2020.

Year End Spectacular Double Episode – Part One,” Landcaster Farming Podcast, December 30, 2019.

Devil in the Details: Hemp Contracts Crucial as Litigation Jumps,” AgWeb, November 4, 2019.

Hemp Pitfalls and Promise: Alarm Sounded by Midwest Grower,” AgWeb, September 5, 2019.

Is flying with CBD legal? The answer is far more complicated than you’d think,” Mic, May 17, 2019.

Cities and states are confused about whether CBD products are legal,” Marketplace, March 25, 2019.

Industrial Hemp Podcast: Episode 9,” Lancaster Farming, October 31, 2018.

PUBLICATIONS

Regular contributor to the award-winning Canna Law Blog.

Regular contributor to Above the Law.

Co-authored The Untold Story of Patents and Innovation, U.S. Chamber of Commerce, Above the Fold, April 26, 2016

DEA Interim Final Rule: What is “Synthetically Derived THC’?” LA Weekly, August 26, 2020.

PROFESSIONAL EXPERIENCE

Associate Attorney, Farleigh Wada Witt (2016-2018)

Summer Law Clerk, Farleigh Wada Witt (May-August 2015)

Summer Law Clerk, Washington State Attorney General Office, Government & Compliance Division (May-August 2014)

English and French Instructor, Spanish Ministry of Education (2012-2013)

Marketing Director, World Trade Center Tacoma (2008-2010)

RECOGNITION/HONORS

Rising Star” lawyer, Super Lawyers (2020)

Rising Star” lawyer, Super Lawyers (2019)

Executive Editor, Volume 94, Oregon Law Review (2015-2016)

Fellow, U.S. Chamber of Commerce, Global Intellectual Property Center (Spring 2016)

Associate Editor, Volume 93, Oregon Law Review (2014-2015)

Research Assistant, Intellectual Property Law, University of Oregon, School of Law (2015-2016)

Property Law Tutor, University of Oregon, School of Law (Spring 2015)

1884 Public Spirit Award, University of Oregon, School of Law (2013-2014)

Dean’s Scholarship, American University, Washington Semester Program (Spring 2007)

Honor Society, Saint Martin’s University (2005 – Present)

Dean’s List, Chancellor’s Scholarship, Saint Martin’s University (2003-2007)

Rotary Youth Exchange Ambassador (Belgium to United States), Rotary Foundation (2002-2003)

MEMBERSHIPS

International Cannabis Bar Association

Oregon Cannabis Law Section

Multnomah Bar Association

Oregon State Bar, Business Law Section

Oregon State Bar, Intellectual Property Section

Oregon Women Lawyers

American Bar Association

VOLUNTEER ACTIVITIES

Oregon Volunteer Lawyers for the Arts

Lane County Legal Aid & Advocacy Center (2011-2012)

EDUCATION

  • University of Oregon, School of Law (J.D.)
  • Saint Martin’s University (B.A. in Political Science and International Relations, summa cum laude)
  • American University Semester Program (Certificate in International Development)

BAR & COURT ADMISSIONS

  • Oregon

LANGUAGES

  • French (native)
  • Spanish (Proficient)




Reviews

CS
Charles S.

Not quite what I expected but informative nevertheless.

CK
Christian K.

The cannabis topic aside, lots of good information here related to marketing regulation in general.

TI
Thomas I.

This was really interesting, totally outside my normal practice. It’s great to be aware and informed about growing areas of the law like this.

SB
Shana B.

great presentation

EB
Earl B.

complying with regs is burdensome and this was brought out nicely.

SR
Scott R.

Great program! Thanks! Some trouble hearing the audio for the guy though. His mic kept cutting out on him.

MD
Matthew D.

Great content, one presenter had mic issue, otherwise fantastic!

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