Reconciling Federal Marijuana Laws with State Medical & Recreational Use Laws

California passed the Compassionate Use Act in 1996, making it the first state in the union to allow for the medical use of marijuana. Now, as of January 2018, thirty (30) states, plus Washington, D.C., Guam, and Puerto Rico have legalized medical marijuana. Additionally, recreational marijuana use is legal in eight states: California, Oregon, Washington, Alaska, Colorado, Washington D.C., Nevada and Massachusetts. In this timely updated program, attorneys Rochelle S. Berliner and Ami P. Kim, discuss the laws surrounding medical marijuana, including:

• Conflict of laws between the federal and state governments;
• the associated federalism issues,
• the immigration consequences of a marijuana conviction; and
• the legal implications for people involved or looking to get involved in medical marijuana businesses.  

At this juncture, nothing has changed under federal law: marijuana is still considered a Schedule I Substance under the Controlled Substances Act, thus making its sale and possession punishable as harshly as narcotics such as cocaine and heroin. This course explores the interesting relationship between the federal and state laws.

Learning Objectives:

1. Identify federal marijuana laws and current federal enforcement priorities under the Controlled Substances Act
2. Recognize state criminal and medical marijuana legislation and the current list of states which have medical and legal marijuana laws
3. Explore the federalism issues implicated by the conflict between federal and state laws on the issue of legalization of medical and recreational marijuana
4. Assess the immigration and consequences of a marijuana conviction
5. Defend a client from a marijuana charge and how to protect that client from immigration consequences
6. Gain insight on business considerations facing medical marijuana cultivators and dispensaries, as well the effect of federal law on starting and operating those business 
7. Grasp the banking and financing difficulties facing marijuana businesses