Legislative & Litigation Trends in the Marijuana Industry

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