Legislative & Litigation Trends in the Marijuana Industry

(1194 Ratings)

Produced on: April 20, 2017

Course Format On Demand Audio

Taught by


Course Description

Time 91 minutes
Difficulty Intermediate

In this program, Meyer Suozzi partner Hanan Kolko will address current  issues facing attorneys working with cannabis industry clients. The course will provide an overview of the tension between federal and state law, cover the Cole Memorandum, and address the current federal policy on enforcing the Controlled Substances Act (“CSA”) against those acting in compliance with  state cannabis laws. The program will discuss case law dealing with the question of whether  the CSA preempts state cannabis laws, an issue of critical importance to the industry.  

The course will then turn to the Ninth Circuit ruling in United States v McIntosh, 833 F3d. 1163 (9th Cir. 2016), a decision with significant implications for the industry. It will cover recent decisions in a contract case and an insurance coverage case where courts grappled with defendants who asserted illegality defenses in cases involving cannabis industry actors. Finally, the class will cover recent developments concerning the ethical implications of representing clients in the cannabis industry.   

Learning Objectives: 

  1. Understand the tension between state cannabis law and the federal Controlled Substances Act (“CSA”)

  2. Learn the basic preemption concepts  and how courts have addressed claims that the CSA preempts  state cannabis law

  3. Understand the  Ninth Circuit ruling in United States v McIntosh, 833 F3d. 1163 (9th Cir. 2016), the issues that decision left unresolved,  and the impact of this decision on those in the industry

  4. Become familiar with recent decisions where courts have ruled on  the illegality defense asserted by cannabis industry parties

  5. Understand the basic ethical issues facing attorneys practicing in this area and learn about recent ethics developments 


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.


Ted W.

Presenter did an excellent job - articulate, clear and interesting.

Edward H.

Good program!

Richard H.

Very informative. Hopefully, there will be legislation legalizing recreational cannabis nationwide soon.

Paul A.

Great job!

Wayne M.

evolving subject matter handled well.

stephen l.

thank you. well done.

Steve G.

This was very well done. Listened to it 2X.

John J.

Of the programs I attended, this speaker was the most interesting, and his delivery was the most effective.

Mary B.

Very informative!

Gerardo D.


Bradley G.

nice presentation and very good slides

Gary D.

Very informative discussion of state vs. federal implications of advice to client and ethical boundaries for the lawyer.

Leo F.

Would recommend to lawyer who practices in this area of the law

Raymond L.

best presenter / presentation on here by far.

Amy B.

Interesting overview

Dallas R.

very interesting

Diana P.

The presenter was amazing.

Karin I.

Very thorough and clear presentation

william l.

interesting and informative

Donna W.

The speaker is fantastic! I probably will never practice in this area, but I truly learned and enjoyed the whole presentation!

claude w.

He is a very good speaker. Interesting

Julie B.

Knowledgeable speaker / info presented in an organized, precise manner. Would like more from this presenter as the topic evolves

Linda H.

This was an excellent analysis of some state and federal laws as of 04-20-17, and full of issues to consider and outcomes to check in this very fluid legal climate.

Pamela S.

Outstanding and interesting presentation

Justin B.

Interesting and informative

Sam V.

superb presentation

William T.

Excellent presentation. Pack full of issues and analysis.

Catherine D.

what a presentation!!!!!

J.P.H. G.

First rate

Philip S.

good review

Thomas P.

Good program for a growing and uncertain area of the law.

Clarence S.

Excellent Course

Jeffrey T.

Highly informative program.

Michael V.

subject is very timely for many states. up to date and good presentation

Janine H.

This guy is wonderful: knowledgable, fun, practical.

Joanne R.


Jessica K.

Really informative -- wonderful; thanks!

Carlos M.

one of the best yet!

Jennifer Nicole F.

fantastic content and presentation, thank you!

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$ 89 Constitutional Law, Administrative Law, and Marijuana Law In Stock


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