Strategic Cannabis Conference 2019

March 1st, 2019

This seminar is approved for 7.8 total WV MCLE credits, including 1.2 Ethics/Law Office Management credit. 

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