On Demand Audio

Legislative & Litigation Trends in the Marijuana Industry

(1616 reviews)

Produced on April 20, 2017

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$ 89 Constitutional Law, Administrative Law, and Cannabis Law In Stock
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Course Information

Time 91 minutes
Difficulty Intermediate

Course Description

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 


Credit Information

After completing this course, Lawline will report your attendance information to {{ accredMasterState.state.name }}. Please ensure your license number is filled out in your profile to ensure timely reporting. For more information, see our {{ accredMasterState.state.name }} CLE Requirements page . After completing this course, {{ accredMasterState.state.name }} attorneys self-report their attendance and CLE compliance. For more information on how to report your CLE courses, see our {{ accredMasterState.state.name }} CLE Requirements FAQ .

Faculty

Hanan Kolko

Cohen Weiss & Simon LLP

Hanan B. Kolko joined the firm in March 2019.

Mr. Kolko practices in the area of labor and employment law.  He represents labor unions in federal and state court litigation, arbitration proceedings, administrative proceedings before various regulatory agencies, and in collective bargaining.  Mr. Kolko also advises unions and their leaders on internal union governance, the investigation and handling of sexual harassment claims, and internal union elections.  He has represented unions in a wide variety of industries including publishing, media, education, health care, law enforcement, transportation, and manufacturing.

Prior to joining Cohen, Weiss and Simon LLP, Mr. Kolko was a partner at two major union-side firms in New York City, and began his career as a lawyer as an associate at union-side firms in Cleveland, Ohio and Detroit, Michigan.  While in law school, Mr. Kolko was a law clerk for the United Auto Workers.  His first experience working with unions was while he was in college, where he was an intern for the Rochester, New York PATCO local.  He is a graduate of the Cornell University School of Industrial and Labor Relations and a cum laude graduate of the University of Michigan Law School, where he received the Book Award for the highest grade in his labor law class.

Mr. Kolko is a former co-chair of the American Bar Association’s Section on Labor and Employment Law Committee on Technology in the Workplace, and is an Advisory Board Member of Cornell University’s School of Industrial and Labor Relations.  He has given continuing legal education presentations on a wide variety of labor law topics to groups including the AFL-CIO Lawyers Coordinating Committee, the American Bar Association’s Section on Labor and Employment Law Committee on Technology in the Workplace, and the Practicing Law Institute.  He has been named a Super Lawyer for Employment and Labor Law on the New York Metro Annual Lists of Super Lawyers from 2015-2018.

Mr. Kolko also represents clients in the cannabis industry.  He advises these clients in areas including licensing applications, regulatory compliance, internal investigations, and in litigations. He has lectured extensively on cannabis law issues, giving presentations on issues including legal ethics and the representation of cannabis clients, bankruptcy and the cannabis industry, the current state of legal affairs in the cannabis industry, RICO claims against cannabis industry participants, and the New York State Compassionate Care Act.



Reviews

PD
Philip D.

great course

RW
Robert W.

Excellent presentation. Valuable practice tips and real world perspective throughout. Bravo!

WW
William W.

Interesting timely topic on developing caselaw & State statutes.

AQ
alexandra Q.

Covered professional rules which was good. Thx

SS
Sandra S.

Very clear and informative, great practice tips!

TT
thomas t.

comprehensive

RS
Robert S.

Excellent!

JW
John W.

Lots of information. Very well done.

BL
Barbara L.

Excellent!

EL
Eve L.

very informative

VP
Virginia P.

Excellent course. Covered a lot of very relevant material in a short time but in a very easy to digest way.

LC
Larry C.

survey of very good materials, substance content and organized presentation

CL
Carey L.

Great explanation of the pitfalls created by federal enforcement issues, and multi-state litigation potential.

SB
Stephen B.

Excellent and interesting program.

JE
John E.

Very informative and helpful.

RJ
Rebecca J.

Very good presentation and very practical.

CM
Christopher M.

great

AP
ANDREW P.

Very nicely done and practical.

CD
Cynthia D.

Great presentation

JL
Jennifer L.

excellent course with substantive materials

TW
Ted W.

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

EH
Edward H.

Good program!

RH
Richard H.

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

PA
Paul A.

Great job!

WM
Wayne M.

evolving subject matter handled well.

SL
stephen l.

thank you. well done.

SG
Steve G.

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

JJ
John J.

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

MB
Mary B.

Very informative!

GD
Gerardo D.

Informative

BG
Bradley G.

nice presentation and very good slides

GD
Gary D.

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

LF
Leo F.

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

RL
Raymond L.

best presenter / presentation on here by far.

AB
Amy B.

Interesting overview

DR
Dallas R.

very interesting

DP
Diana P.

The presenter was amazing.

KI
Karin I.

Very thorough and clear presentation

WL
william l.

interesting and informative

DW
Donna W.

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

CW
claude w.

He is a very good speaker. Interesting

JB
Julie B.

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

LH
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.

PS
Pamela S.

Outstanding and interesting presentation

JB
Justin B.

Interesting and informative

SV
Sam V.

superb presentation

WT
William T.

Excellent presentation. Pack full of issues and analysis.

CD
Catherine D.

what a presentation!!!!!

JG
J.P.H. G.

First rate

PS
Philip S.

good review

TP
Thomas P.

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

CS
Clarence S.

Excellent Course

JT
Jeffrey T.

Highly informative program.

MV
Michael V.

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

JH
Janine H.

This guy is wonderful: knowledgable, fun, practical.

JR
Joanne R.

Excellent!

JK
Jessica K.

Really informative -- wonderful; thanks!

CM
Carlos M.

one of the best yet!

JF
Jennifer Nicole F.

fantastic content and presentation, thank you!

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