Ethically Representing the Cannabis Client

(5730 Ratings)

Produced on: December 08, 2015

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 60 minutes
Difficulty Intermediate

Twenty-three states and the District of Columbia now have laws making the use of medical cannabis lawful, under certain circumstances. Four states and the District of Columbia have passed laws legalizing recreational use of cannabis. In addition, anticipated ballot initiatives in Nevada, Arizona, Ohio, and California, and anticipated legislation in Vermont, Massachusetts, and Rhode Island, may result in legalized adult use of cannabis in several other states. 

 

Despite this activity at the state level, the Federal Controlled Substances Act (the “CSA”) applies nationwide, and, under the CSA, the cultivation, processing, distribution, and sale of cannabis is unlawful, regardless of applicable state law. Under these circumstances, may an attorney represent a client in the cannabis industry in a manner consistent with state professional ethics rules?   

 

In this program, we examine the ethical issues raised by representing cannabis industry clients, as well as ethics opinions issued by bar authorities in states including New York State, Maine, Connecticut, Arizona, California, Colorado, Nevada, and Washington State.

 

Join Hanan Kolko for a discussion of these issues. Mr. Kolko, a New York City-based shareholder at Meyer, Suozzi, English & Klein and a co-chair of that firm’s Cannabis Practice, is also a member of the National Cannabis Bar Association.       

 

Learning Objectives:  

I.     Understand the basics regarding the Controlled Substances Act (”CSA”) and its applicability to cannabis

II.    Appreciate the relationship between the CSA and state cannabis laws

III.   Understand the underlying ethical issues presented in the representation of cannabis industry clients

IV.   Learn how different state bar authorities have approached the ethical considerations of attorney representation of clients in the cannabis industry

V.    Identify how to avoid ethical pitfalls in representing clients in the cannabis industry

VI.   Learn how to conduct “up front” communications with potential clients in the industry

Faculty

Hanan Kolko

Meyer, Suozzi, English & Klein, P.C.

Hanan Kolko is the co-chair and co-founder of the Meyer, Suozzi, English & Klein Medical Cannabis practice group. As a member of the National Cannabis Bar Association’s Amicus Committee, Mr. Kolko works with individuals and businesses in the cannabis industry. He assists on matters including state law license application issues, regulatory compliance, legislative drafting and analysis and governmental investigations. Mr. Kolko often speaks on cannabis industry legal issues. He has spoken in forums sponsored by organizations such as, Crain’s New York, Cardozo Law School, Women Grow, the Long Island Association, the Cannabis and Hemp Association, and the International Cannabis Association. He has also made cannabis law CLE presentations on behalf of CLE providers including Cardozo Law School, the Nassau County Bar Association, the Theodore Roosevelt Inn of Court, Law Lines, and Clear Law Institute.

Mr. Kolko is also the co-author of a New York Law Journal article entitled “Marijuana Advertising and The First Amendment.” Mr. Kolko serves on the boards of the Freelancers Union and the Freelancers Insurance Company. He is the former co-chair of the Committee on Technology in The Workplace of the ABA’s Labor and Employment Section. Since 2012, Mr. Kolko has been recognized by New York Super Lawyers.

Mr. Kolko received his J.D. from University of Michigan in 1985, graduating cum laude with a Book Award in Labor Law. He received his B.S. from Cornell University in 1982, where he studied Industrial and Labor Relations.

Reviews

AS
Amy S.

Impressively detailed guidance through a difficult topic.

RT
richard t.

excellent presentation and materials.

SL
Sema L.

Good seminar

AL
Alan L.

Well done

EM
Elijah M.

One of the best Presenters

PC
Paul F. C.

Outstanding presentation of a very complex problem.

EH
Edward H.

Very well put together program!

PB
Peter B.

Succinct and effective.

CL
Cary L.

Very well researched and presented course.

JK
Joseph K.

Well done and informative.

PJ
PHILLIP J.

very well done, the conclusion is , there is no conclusion, why would anyone, at this point, accept one of these matters without the Bar uniformly( all states) providing specific, finite guide line. (A,B, C, etc.)

EB
Erin B.

Fairly interesting topic and nice to include the contrast with other states (mainly CO) that have a more established set of laws in this area.

RH
Roscoe H.

I highly recommend this course!

AS
Adam S.

There’s not enough substance behind the legal issue to keep it from being repetitive, which it largely is. That is not the presenters fault of course.

JW
Jonathan W.

Great course! Very educational!

MS
Marlon S.

excellent...

BJ
Beau J.

The program needs an update following the Sessions repeal of the Cole memorandum.

SH
Shauna H.

Fascinating topic

LM
Larry M.

Very informative

DP
Diane P.

Excellent presentation, great speaker, and very helpful and clear advice.

CL
Colette L.

This is new business. I learned a lot. THank you for this invaluable information

IA
irina a.

very useful with passing of new legislature in Nevada Thank you!

RS
Rebecca S.

I appreciated the unusual topic. I have already recommended this class to my husband's law firm.

TM
Thomas M.

Excellent presentation on the ethics of the conflict of laws.

RD
Renee D.

Really interesting. Would love to see an update based on current climate.

JN
Josh N.

Informative well delivered a must fir those who are interested in representing clients in this very tricky arena

TK
Thomas K.

Very good presenter!

FE
Frank E.

Subject still up in the air, but good summary of where it stands

JH
Jonathan H.

Appreciate the frank discussion of state ethical guidance on the issue.

KD
Kathy D.

interesting evolving area of law

BS
Bradley S.

A good and helpful presentation!

TC
Thomas C.

This was one of the most interesting and effective presentations I'd heard while using Lawline.

CK
Christian K.

Good overview.

HW
Hugh W.

Very good

MW
Martin W.

Presenter is extremely well-versed in his subject matter. Very interesting. Very well done.

DM
David B. M.

A very sticky area of law, well addressed.

LG
Lauren G.

Very helpful

DH
Dirck H.

Very practical and timely.

ES
Evan S.

Very good and important course. great job.

MP
Marc P.

Locally relevant

BA
Brent A.

helpful to those of us in CO

MD
Michael D.

Delivered well, slides were substantive, and the UI was especially easy to navigate.

JD
James D.

Well spoken and organized speaker

AO
Anita O.

Great informative slides and content..

RM
Robert M.

Mr. Hanan Kolko was first rate: extremely articulate and clear!

DA
Douglas A.

Very interesting particularly from the point of a Chief Davison Counsel to an FBI Division.

GT
Gary T.

Well done!

AB
Adria B.

Well done!

BF
Barbara F.

Very interesting subject matter.

SP
Scott P.

Good presenter.

MV
Michael V.

Very well done. I enjoyed this thoroughly.

MT
Marliss T.

Interesting

MZ
Maxwell Z.

Interesting.

ES
Eric S.

Excellent!

DG
Dean G.

Very nicely done!!

EF
Elliot F.

Good coverage of a topic that appears to be changing with the Trump administration.

CL
charles l.

Wonderfully conversational speaker's style.

GM
Grant M.

Excellent program.

SO
Sean O.

Helpful multi-state background; good to compare other state bars' ethical response to "Cole Memorandum" fed. policy.

AP
Andrew P.

Very good!

NH
Neil H.

Very effective presentation. Survey of applicable state law re ethical issues was very helpful.

KV
karina v.

Great informative chat on a pretty new issue

RH
Ronald H.

Troubling area considering the current political environment and updates should be made available as the circumstances dictate.

RB
Randal B.

Clear, concise information; very helpful iinformation

MR
Mark R.

Something you don't think about without being confronted with it.

CM
Chad M.

Would like to see the follow up after Trump administration's statement on enforcement going forward

JR
Jason R.

Great job!

WS
William S.

Speaker and coverage of material was substantial and excellent

RB
Robert B.

Very interesting!

KP
Kathy P.

Great.

ES
Ellen S.

This was a very well done program. Thank you.

TF
Thomas F.

well done

TD
tod d.

really well done seminar

EL
Erik L.

Hanan was very thorough, informative and his presentation style was engaging.

RS
Richard S.

Extremely well organized and clear presentation! Mr. Kolko educated me in a field about which I knew nothing previously -- and now I have a working mindset along with key references to move forward if the need arises. Thank you!!

JB
Juanita B.

Excellent program. Outstanding presenter.

WD
William D.

Very timely and informative. Thank you!

RF
Robert F.

good program

WT
Walter T.

Thanks.

BG
Bob G.

Highly relevant and informative.

CM
Charles M.

Excellent program, very informative

CT
Catherine T.

Great advice regarding the quagmire that is advising cannabis businesses. Looking forward (with some dread) as to how advice will change with new administration in 2017.

RH
Richard H.

Excellent presentation.

WB
William B.

One of the best courses I have taken

TY
Tonya Y.

Very interesting and informative!

ER
Elizabeth R.

Excellent presentation

MC
Matthew c.

excellent course

JR
JA R.

very very good; practical

JF
Julie F.

This is a fascinating topic, and, as more states legalize marijuana, will be a growing area of the law. Thanks, interesting stuff.

SM
Stefanie M.

very interesting topic.

RW
Rhonda G. W.

Thank you for clear and thorough presentation.

AF
arthur f.

covers ethical considerations in several states-ex Maine, Connecticut, Arizona, Colorado, and New York.

JG
Jonathan G.

Excellent content & presentation

MV
Michael V.

Timely and informative. Great instructor!

DO
David O.

A very novel and interesting topic. The lecturer was very helpful and I appreciated his candor

RT
Richard T.

Very good CLE. Excellent presentation; very thorough and engaging.

YL
yekaterina l.

This is a very important topic given how unusual it is to have states allow people to break federal law. it is extra important for lawyers.

JM
J R M.

One of the more enjoyable programs I've seen. Down to earth delivery and material was not too dry. Good insight into the dilemma presented for counsel working in this area of the law and business.

SW
Steven W.

Interesting

TG
Thomas G. G.

thanks

DG
Deborah G.

Informative

TP
Tobias P.

This course did a good job of laying out the minefield of cannabis representation.

BE
Bennett E.

highly recommend

DB
Dennis B.

instructor was very helpful. Highly recommend him.

AC
Annmarie C.

I enjoyed the presenter's approach to this material, going state by state and highlighting differences and things to watch for in practice.

DJ
David J.

Very interesting and confirmative course.

SL
Stephen L.

Very well done

JC
Joshua C.

Excellent Course.

SC
Sabrina C.

interesting topic

ED
elizabeth d.

interesting topic, enjoyed it!

RF
Robert F.

Interesting subject, good speaker

TS
Thomas S.

Good program, can't wait for the follow ups

KR
Karen R.

Interesting and increasingly relevant. Thank you!

SF
Seth F.

very interesting topic!

KD
Kelly D.

Very interesting issue for consideration!

GK
George K.

good course

RN
Robert N.

very interesting

MS
Michael S.

Much more interesting than I expected. The legal issues discussed are applicable to a wide range of areas.

NK
Nikki K.

interesting topic and good presenter

AB
Anne B.

Very interesting area - conflicts which lawyers face in this practice were well explained.

KJ
Kevin J.

really really interesting

MG
Michael G.

Very interesting points I would have never thought about.

JD
Jeffrey D.

Thank you!

BB
Belinda B.

This shed light on a very difficult situation that lawyers are facing and was helpful.

TD
Thomas D.

Fascinating

TR
tim r.

Loved the way he started the discussion by showing respect for the subject matter.

EM
Elliott M.

Great speaker who knew the subject and performed well. Thanks

MB
Mickie B.

excellent presentation

RM
Richard M.

another very good presenter

LJ
Lawrence J.

One of the best

JW
John W.

Very fine presentation.

WS
William S.

Great program

AM
Anneshia M.

Informative and interesting

CJ
Chris J.

Very interesting topic. Well presented.

CS
Clarence S.

Excellent presentation of complex area.

JF
Joel F.

This Course was excellent. The presentation was concise and easily understandable. The presenter deserves an A+ rating.

TL
Tim L.

Very informative background and excellent interpretation of existing conundrum

PS
Peter S.

Fascinating subject, compellingly presnted

ME
Marshall L. E.

excellent program

OM
Owen J. M.

Interesting topic and program

SS
Susan S.

needed a CLE credit in ethics and this was available--it was actually very interesting and I learned a great deal!

DH
Donna H.

Very interesting topic.

GW
ginger w.

Great ethics hour

KC
Krista C.

Beyond informative, the topic and delivery were very interesting and thought-provoking! Excellent.

SE
Shaun E.

very knowledgeable speaker

ES
Eric S.

Great presentation. Good, practical information.

WB
William B.

Good material and presentation.

HV
Henry V.

Excellent

JB
Julie A. B.

Informative, well-delivered material.

CB
Candace B.

Interesting presentation on an emerging area of attorney ethical issues in representing cannabis emerging businesses.

MH
Matthew H.

Very thorough review of the ethics issues related to Marijuana-business clients.

WG
William G.

Every lawyer should take this course.

MO
MICHELLE O.

Great video.

BC
Barbara C.

Timely and interesting topic.

SB
Steven B.

Of all the seminars on ethics, this is the best!

EC
elizabeth c.

he was super impressive

RW
Robert W.

Well organized. Concise and informative.

MC
Michael C.

Weed rep excellent material

HB
Hakeem B.

very informative

SG
Sebastian G.

excellent!

RK
Richard K.

Stressed throughout the ethical considerations in this area between state regulations and the CSA

CC
Charles C.

Excellent

DJ
David J.

Interesting

GK
Glen K.

nice to hear about this grey area of federal verse state and how to advise clients on ethics issues that it almost seems lawyers should avoid taking on clients in the cannabis industry

AH
Allen H.

Well organized and detailed

RM
Richard M.

The material was very well presented.

ME
marc e.

good

CM
CATHERINE M.

very helpful in drafting retainer.

JR
Jayne R.

One of the most informative and well organized programs.

JH
Jordan H.

Very imformative

BG
Barry G.

Very well-versed presenter.

TS
Thomas S.

Great content and presentation. Am licensed in NY and CO.

AM
Amanda M.

Very interesting material.

AL
Anna L.

I loved it!

RS
Rodney S.

Inofrmative

DH
Daniel H.

Overall, very informative. It is a complicated topic given the competing state and federal laws.

PG
Patrick G.

Excellent teacher and great presentation.

RM
Raph M.

This was very informative, and the course materials were a great reference.

CM
Christopher M.

Great talk - been very curious about these state/federal conflicts and how to navigate them them.

RH
Robert H.

Engaging speaker

CB
Christian B.

very practical

AL
ADRIAN L.

Happy to see new areas of law being discussed, even if not accepted by all..

ML
Michael L.

Interesting, well informed speaker.

SB
Susan M. B.

Very good presentation on a topic that is still developing. Great advice given. Excellent speaker. Thorough materials.

RN
Robert N.

Very good seminar! Who would have thought of all the legal representation hurdles the DOJ caused!

CG
Conrad G.

Well done. No wasted time.

KM
Kimberly M.

Great, easy to follow seminar on a confusing body of law

RT
RAY T.

Enjoyed the Course.

DG
Dennis G.

Great information for lawyer who is entering into the MJ arena. Until Feds legalize MJ lawyers are on a precipice of the leading edge of constitutional change

IJ
Ingrid J.

A very informative program.

RC
reuben c.

good job

LS
Lewis S.

Interesting subject matter handled intelligently.

KS
Kathleen S.

This course is a MUST for lawyers practicing in WASH and COLO. Excellent material. Engaging speaker.

HD
Houman D.

Very Informative!

MB
Michael B.

well done!

LW
Lauren W.

Very interesting.

MC
Mark C.

informative

WR
William R.

Great Seminar on a burgeoning field of law.

SC
Susan C.

Fascinating! Ethics for the 21st Century! Came into seminar because of client with MS, but learned so much more! Wish I could give 5 stars.

SD
Shirley d.

Very interesting - state law vs federal law. Problem arises when an employee is working for the Feds.

JK
John K.

Honest approach to conflict of laws and ethical limitations of attorney role in several states.

GA
Geoffrey A.

explained the risks of practice and how to deal with them very clearly

DB
Diane B.

Excellent advice about representing clients that goes beyond the limited context of the cannabis industry, but very well done on that subject too.

MD
Matthew D.

I would recommend if the attorney were interested in the subject. Did a good job of explaining how CSA relates to state laws.

CO
Chukwuka O.

great course!

RT
Rachel T.

Loved the topic and slides

JK
Jonathan K.

very interesting introduction to the ethics of practice in the emerging area

AD
Aaron D.

Really Good!

LK
Linda K.

Very good information.

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