This conference is presented in partnership with the West Virginia Hemp Industries
Association.
Cannabis policy is rapidly evolving across the country, raising a host of legal issues for lawyers, regulators, law enforcement, and industry leaders. Our goal is to engage lawyers, policy experts, government officials, and business entrepreneurs to strategically navigate the legal issues for hemp and cannabis industries and to provide predictability for this industry in West Virginia. Please see the following agenda for the list of topics and expert speakers that will be presented at the conference.
Conflict of State and Federal Law & Regulatory Issues for CBD
There are multiple layers of law and regulation that are applicable to the
hemp and marijuana industries that create a considerable amount of confusion
for regulatory agencies, law enforcement, and businesses. Morgan will provide
detailed analysis of the conflict of state and federal law for marijuana industries
and an overview of the regulatory issues for the rapid expansion of hemp-derived
CBD products.
Morgan Leach, Esquire
West Virginia Farmers' Cooperative
2019 Farm Bill Implications for the Hemp Industry
This presentation will cover the 2019 Farm Bill and what this means for the hemp
industry moving forward. Mr. Dunbar will go through the farm bill and explain
any implications the sections may have and what we can expect the landscape of
the U.S. to look like moving forward.
Marc Dunbar, Executive Director
West Virginia Hemp Industries Association
Cannabis Ethical Issues for Attorneys
While marijuana remains a Schedule I drug under the Controlled Substances Act,
the legalization of medical marijuana and recreational marijuana in a number
of states raises ethical issues for attorneys. Attorneys encounter ethical
issues related to cannabis in two situations. First, Rule 1.2(d) of the Code
of Professional Responsibility bars attorneys from, inter alia, assisting clients
in conduct that the lawyer knows is criminal. Second, the personal conduct
of attorneys is subject to Rule 8.4 of the Code of Professional Responsibility,
defining as professional misconduct commission of “a criminal act that reflects
adversely on the lawyer’s trustworthiness or fitness as a lawyer in other respects”.
Personal use may also implicate Rule 1.1 (Competence) and Rule 1.16 (physical
or mental condition materially impairing the lawyer’s ability to represent
the client). Although state bar associations (including West Virginia)
have amended rule 1.2 to address at least some of those concerns, the issues
raised by personal conduct remain unchanged. This presentation will discuss
these issues, as well as collateral damage that may result from personal use
or representation. The possible collateral damage includes adverse impacts
on professional liability insurance coverage.
Professor Jesse Richardson
WVU College of Law
Banking Issues for West Virginia's Medical Marijuana Program
Banking cannabis related funds is a problem throughout the country. Ms. Stout will discuss the historical reasons for the problem, particularly as they relate to West Virginia, the solutions considered, and the status of getting cannabis related funds banked in West Virginia.
Diana Stout, General Counsel
West Virginia State Treasurer's Office
Insurance Issues for Hemp, Marijuana, and CBD Products
There are many issues regarding coverages, exclusions, and other insurance policy
questions for hemp and marijuana. Availability of insurance products and coverages
are predicted to become more available for industrial hemp with the passage of
the 2018 Farm Bill, while constraints for medical and recreational marijuana
coverages will persist in the face of federal prohibitions on these crops. Jim
will discuss the ins and outs of insurance and provide guidance for hemp and
marijuana industries.
Jim Leach, Esquire
Jim Leach LC
Zoning Issues for Hemp and Marijuana Enterprises
A presentation on the power of local governments to regulate and control the location
and operation of medical cannabis establishments under Senate Bill 386 (enrolled)
and Chapter 8A of the Code of West Virginia of 1931, as amended; landowner rights;
constitutional foundations; owners’ rights; specific provisions of Senate Bill
386; practice pointers on site control and leasing; and a brief survey of local
ordinances in West Virginia
Mark A. Sadd, Esquire
Lewis Glasser PLLC
Protecting Your Canna-Business
Ryan will discuss the various legal and regulatory risks associated with operating
hemp or cannabis enterprises in West Virginia. Topics will include federal intervention
with state-licensed marijuana businesses, compliance with state regulations for
hemp and marijuana businesses, interstate commerce issues for distribution of
hemp and marijuana, and regulatory issues for CBD sales.
Ryan J. Umina, Esquire
Cranston & Edwards, PLLC