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All Sessions in PST time zone
Conference Opening: Social Equity and Racial Justice
The history of cannabis is riddled with institutional bias and political agendas, as cannabis and its surrounding culture were maligned as socially counterproductive. Culminating in the drug war and the draconian criminal laws that stemmed therefrom (including the 1994 Crime Bill), these institutional biases have had lasting effects, from miscarriages of criminal justice for which people are still (and still being) incarcerated, to systemic disadvantages that prevent these communities from actively participating in what has become a multi-billion dollar industry. One of the primary policy directives in implementing a cannabis regulatory regime is to address the long-standing problems caused by the failed drug war. Join us for an in-depth discussion covering not just the history and legacy of criminal injustice of the drug war but also the future of equity and what inclusion will mean as a goal of the cannabis economic marketplace.
Executive Committee
Chesa Boudin, District Attorney, City of San Francisco
US Citizens have been subject to severe criminal penalties for non-violent cannabis offenses since the drug war of the 80’s, leading to the 1994 Crime Bill, which instituted federal mandatory minimums for these low-level offenses. While these mandatory minimums have been rolled back to (slightly) less draconian measures in the past few years, we have scores of young, often black or brown men, sitting in prison serving out sentences to which they would never have been subjected under our current laws. States often face the same or a similar situation, with many states not only reducing criminal penalties, but legalizing cannabis and regulating highly functional markets that make certain individuals billions of dollars. In response, both the federal and many state governments have considered or have passed mass expungement initiatives or other means of examining specific cases for early release. But those programs are not without problems. Join us for a discussion of the history of the drug war and the criminal injustice precipitated by the war on drugs and racial animus in the United States.
Mikelina Belaineh, Director, Criminal Justice Law & Policy, Last Prisoner Project
Margeaux Bruner, Director, Compliance & Diversity, Red, White & Bloom
John Hudak, Senior Fellow & Deputy Director, The Brookings Institution.
Yvette McDowell, Founder, Ultimate Life Transformation
What happens when a group of cannabis legalization advocates use their activism to make real change for those most affected by the war on drugs? Progress. The Last Prisoner Project has its hands in many projects including a mission to release all prisoners of the war on drugs. LPP conducts research, publishes, works with lawmakers on policy change, and engages in impact litigation to work toward prisoner release through clemency initiatives, compassionate release programs, and client advocacy. Join founder Steve DeAngelo and LPP constituent Evelyn LaChepple for a discussion on how the efforts of LPP have moved these cases forward, and the impact these initiatives can have on an individual’s life victimized by the war on drugs.
You can learn more about LPP here.
Steve DeAngelo, Chairman Emeritus, Harborside Inc.
Evelyn LaChapelle, Community Manager, Vertosa
Shay Aaron Gilmore, Attorney, The Law Office of Shay Aaron Gilmore
Toi Hutchinson, Senior Advisor for Cannabis Control, State of Illinois
Wanda James, Co-Founder & CEO, Simply Pure
Shanita Penny, Founder & CEO, Budding Solutions
Marisa Rodriguez, Director, Office of Cannabis, City & County of San Francisco
Wanda James, Co-Founder & CEO, Simply Pure
Roz McCarthy, Founder/CEO, Minorities for Medical Marijuana
Roz McCarthy, Founder/CEO, Minorities for Medical Marijuana
Cat Packer, Executive Director, Los Angeles Department of Cannabis Regulation
Maritza Perez, Director, Office of National Affairs, Drug Policy Alliance
Shaleen Title, Commissioner, Massachusetts Cannabis Control Commission
Khurshid Khoja, Chairman, Board of Directors, National Cannabis Industry Association
Angela White & Liz Jackson, Success Centers SF
Networking event hosted by Diversity Committee
The Business of Cannabis: Serving Clients Through Growth
The modern era of cannabis reform in the United States dates back to 1996, when California’s voters approved Proposition 215, the first successful statewide medical marijuana ballot initiative. That victory was the first to prove that the nascent drug policy reform movement could play ball in the big leagues of American politics – and it set the stage for future victories not just on cannabis reform but other areas of drug policy as well.
Understanding the debates over tactics, strategies and values that shaped both that victory and the many that followed – on medical marijuana, decriminalization and legalization, as well as drug sentencing and asset forfeiture reform – is important for today’s reformers. Cannabis reform was, for many of the key participants, part and parcel of a broader movement for drug policy reform grounded in science, compassion, health and human rights. That grounding remains important even as cannabis legalization advances rapidly, not least as new opportunities arise for decriminalizing possession of all drugs and beginning to regulate MDMA and psychedelics, and as new challenges emerge with the demonization of vaping and the promotion of misinformation and bans targeted at e-cigarettes and tobacco harm reduction generally.
Ethan Nadelmann, Founder & Former Executive Director, Drug Policy Alliance
Moderator:
Samantha Gleit, Partner, Feuerstein Kulick LLP
Tahira Rehmatullah, President, T3 Ventures
Nicholas Vita, CEO, Columbia Care
Travis Moyer, Vice President Legal, Grassroots Companies
Moderator
Chris Davis
David Feldman, Partner, Hiller PC
Matthew Kittay, Partner, National Co-Chair M&A Team, Fox Rothschild
Emily Paxhia, Managing Director, Poseidon Asset Management
Moderator:
Nicole Howell, Principal, Clark Howell
Erin Alexander, Associate General Counsel, Cresco Labs
Matthew Leeth, VP, Legal Affairs, Jushi Holdings
Jeremy Unruh, Senior Vice President of Government and Regulatory Affairs for PharmaCann Inc
Hosted by online content.
The Business of Cannabis: Investor Confidence
Track Chairs:
Sara Presler, Attorney & Consultant, Presler Consulting LLC
Kim Simms, Board Member, San Diego Leadership Alliance
Michael Drumke – a 20 minute presentation.
Join ABA Board of Governors and INCBA Advisory Board Member Michael Drumke for a 20,000 foot view of the intersection of the Cannabis Industry and Legal Practice. What has long been seen as incongruent industries – legal practitioners and cannabis business interests – began to overlap when California legalized medical Marijuana via prop 215 1996. At the beginning, few attorneys were willing to risk professional discipline and federal criminal charges to aid the businesses interests of individuals attempting to bring medicine to patients. In the ensuing 25 years, the industry grew, federal enforcement of criminal law shifted, and state-level ethics requirements have begun to allow for legal practice in this area. But the stigma lingers – and many traditional practices continue to refuse to enter the space because of the unseen potential pitfalls in the complex legal landscape.
Hear from a member of the board of governors of the oldest and most powerful professional association of attorneys in the united states on how the more traditional side of the ABA views practice in cannabis industry, what the ABA is doing to support its most agile members that have been willing to wade into this exciting and ever-changing area of law, and how cannabis has become one of the most challenging, interesting, and stimulating industries in which to practice law.
Amy McDougal – a 20 minute presentation
Amy McDougal is an INCBA Board of Directors Member, and Chairs the INCBA Ethics Committee. The Model Rules, and indeed the state level ethics rules of every state in the Union, are peppered with inconsistencies on how an attorney must conduct themselves to avoid professional discipline in representing cannabis industry market participants. The INCBA Ethics Committee works hard to identify jurisdictions that have legislatively enacted regulatory regimens, yet prohibit attorneys from aiding in the implementation of these regulatory structures through their ethics rules. Amy will speak about the INCBA’s work, and how we, as a legal profession, can push for greater protections for our right to practice law, greater protections for the attorney client privilege, and greater protections for our Clients’ right to counsel so that they may continue to stamp out illicit markets though robust economic competition.
Finally, join all the speakers from earlier for a three person Q&A moderated by Chris Davis.
Moderator:
Chris Davis, Executive Director, INCBA
Amy McDougal, President & CEO, CLEAResources LLC
Nanette Heide, Partner, Duane Morris
Regina Unegovsky, Senior Attorney, Regal Tax & Law Group
Jeffrey Merk, Partner, Aird & Berlis LLP
Moderator:
Lauren Rudick, Partner, Hiller PC
Jennifer Briggs Fisher, Partner, Goodwin
Brandon Wyatt, Principal, Wyatt Legal & Consulting
Lorenzo Lisi, Partner, Aird & Berlis LLP
Brandon Wyatt, Principal, Wyatt Legal & Consulting
In the flurry of the past few years we’ve seen extraordinary growth in the cannabis sector – much of which has to do with a tidal wave of legalization across the nation. In the blink of any eye, many of us went from representing mom and pop legacy companies in the state of California to multi-state operators in acquisition streaks, aiding clients in massive fundraising, and opening new markets beyond recognized horizons. Perhaps the most unique position in legal practice has been the role of in-house counsel at a cannabis company. Join Gaynell Rogers, from Treehouse Global Ventures, in her conversation with Sarah Loya, Chief Legal Counsel at Parallel, and Lauren Linder, Deputy General Counsel at Parallel, discussing the role of in-house counsel in the cannabis industry, the experience of taking a company through several changes and much growth over the past few years, the top concerns and issues facing in-house counsel in this industry, and how the industry can better serve women executives and attorneys as it continues to grow and provide opportunities.
Lauren Linder, Deputy General Counsel, Parallel.
Sarah Loya, General Counsel, Parallel
Gaynell Rogers, Founder/Managing Partner, Treehouse Global Ventures
GLOBAL POLICY, CROSS-BORDER COMMERCE, AND ACCESS : PAST, PRESENT, AND FUTURE
Track Chairs:
Bob Hoban, Founder & President, Hoban Law Group
Sam Kamin, Vicente Sederberg Professor of Marjuana Law & Policy, University of Denver
What happens when a movement becomes an industry? We’ll identify the spectrum of legalization – the many forms, and reasons that lead to commercial, regulated marijuana and industrial hemp industries around the world. While there are advantages and disadvantages to different regulatory frameworks, ultimately there are four distinct policy lanes that serve as the common denominator for supply chain and global commerce. We’ll cover where the power to regulate/enforce gets vested, and through which agency/agencies, how cannabis becomes legalized: whether through legislation, ballot measures, or litigation, and the COVID Impact: what an “essential” designation means for cannabis as a driver of international economic development.
Bob Hoban, Founder & President, Hoban Law Group
What happens when a movement becomes an industry? We’ll identify the spectrum of legalization – the many forms, and reasons that lead to commercial, regulated marijuana and industrial hemp industries around the world. While there are advantages and disadvantages to different regulatory frameworks, ultimately there are four distinct policy lanes that serve as the common denominator for supply chain and global commerce. We’ll cover where the power to regulate/enforce gets vested, and through which agency/agencies, how cannabis becomes legalized: whether through legislation, ballot measures, or litigation, and the COVID Impact: what an “essential” designation means for cannabis as a driver of international economic development.
Moderator:
Tamar Todd, Legal Director, New Approach PAC
Steve Fox, President, VS Strategies, Vicente Sederberg
Carlos Malacara, Trademarks & Litigation Attorney, Panamericana De Patentes Y Marcas
Sandra Gogal, Partner, Miller Thomson
Moderator:
Chris Davis
Constantin von der Groeben, Managing Director, Demecan
Rob Bonta, AssemblyMember, State of California
David Mangone, Director of Policy, The Liaison Group
Deepak Anand, CEO, Materia
Moderator:
Saphira Galoob, Principal & CEO, The Liaison Group
Michael Bronstein, Co-Founder & Lead Consultant, ATACH
Steph Sherer, Executive Director, Americans for Safe Access
Michael Bronstein, Co-Founder & Lead Consultant, ATACH
All Sessions in PST time zone
GLOBAL POLICY, CROSS-BORDER COMMERCE, AND ACCESS : INTERNATIONAL / CROSS BORDER
Track Chairs:
Kai-Friedrich Niermann, Lawyer, KFN+
Domestic regulatory progress is required to create vibrant cannabis markets – but what about our international obligations and running afoul of our treaty obligations. The UN Single Convention on Narcotics governs permissible domestic regulation, and certain counties, like Canada, have breached those obligations by implementing an adult use market. Here in the US – our own government argues we remain compliant because the federal government continues to prohibit cannabis – while the rest of the world recognizes we fell out of compliance as soon as Washington State passed the first adult use regime in the US.
But what are the consequences of non-compliance, and how can we fix it? Enter Pavel Pachta – with decades of experience with the International Narcotics Control Board, hear from one of the premier experts in the world on the process of inter-se modification – whereby a treaty regime is collectively adjusted by like-minded States.
Moderator:
Kai-Friedrich Niermann, Lawyer, KFN+
Bob Hoban, Founder & President, Hoban Law Group
Eveline van Keymeulen, Head of Life Science Regulatory Practice, Allen & Overy
David Wenger, General Counsel & Chief Strategy Officer, Asia Horizon
Daniel Kruse, Hemp Entrepreneur and President, EIHA
Moderator:
Jason Moscovici, Partner, Lawyer and Biochemist, Robic LLP, Canada
Kai-Friedrich Niermann, KFN, Germany
Simon Rowell, Innovation Liberation Front, New Zealand
John Walsh, Washington Office on Latin America (WOLA), director for Drug Policy and the Andes
Daniel Podesta, Attorney, Clarke Modet, Uruguay
Simon Rowell, Founder, Innovation Liberation Front
Join Dr. Jay Mitra and the INCBA International Committee for a discussion of the lesser known emerging markets around the world, including the Middle East, Africa, and South Asia.
Moderator:
Dr. Jayashree Mitra
Panelist:
Amitavo Mitra, PhD, Associate Partner, Saikrishna & Associates
Ntlatlapa Mosae, Partner, Sello-Mafatle Attorneys
Menahem “Chuck” Kanafi
All Sessions in PST time zone
LICENSING AND REGULATION OF THE CANNABIS MARKETS (MARIJUANA AND HEMP): HEMP
Track Chairs:
Shawn Hauser, Partner, Chair of the Hemp and Cannabinoids Practice Group, Vicente Sederberg
Rod Kight, Attorney, Kight Law
11:15 am Minutes – Mai Dihn/Bill Richmond
11:30 am Minutes – Ariel Clark/Tina Braitwhite
Moderator:
Rod Kight, Attorney, Kight Law
Frank Robison, Attorney at Law – U.S. Customs Broker, Robison Law LLC
Andrea Steel, Director, Coats Rose
Marne Coit, Professor, NC State University
Moderator:
Shawn Hauser, Partner, Chair of the Hemp and Cannabinoids Practice Group, Vicente Sederberg
Garrett Graff, Managing Attorney, Hoban Law Group
Mitzi Vaughn, Attorney, Karr Tuttle Campbell
Tami Wahl, Government Affairs Advisor – Public Policy
All Sessions in PST time zone
LICENSING AND REGULATION OF THE CANNABIS MARKETS (MARIJUANA AND HEMP): SECURING STATE LICENSES
While marijuana is still unlawful at the federal level, each state with a legal regime plays a primary role in regulating the cannabis industry, including that the states are responsible for issuing licenses. Applications and the qualifications states have in place vary from state to state, often requiring a combination of state and local involvement, and the success and speed of the process and the satisfaction with the outcomes by stakeholders is just as varied. This process often requires guidance from counsel, from preparing applicants and completing applications to communicating with state and local agencies to handling appeals and disputes along the way, it is often left to lawyers to navigate these new processes where even lawmakers and agencies lack all of the answers. This track provides updates on the process in various states and provides discussion and learning takeaways from counsel who have dealt with rejections, appeals, and disputes.
Track Chairs:
David Ruskin, Partner, Horwood, Marcus & Berk
Chelsie Spencer, Principal Cannabis & Hemp Attorney, Ritter Spencer
Lindsay Robinson will interview a federal legislator and discuss what is happening in the U.S. Congress regarding legalization and related cannabis issues
Lindsay Robinson, Executive Director, California Cannabis Industry Association
Moderator:
David Ruskin, Partner, Horwood, Marcus & Berk
Chanda Macias, CEO, Ilera Holistic
Scheril Murray Powell, Senior Partner, Scheril Murray Powell P.A.
Sarah Lee Gossett Parrish, President/CEO, Parrish PLLC
Dina Rollman, SVP, Government & Regulatory Affairs, GTI
Many jurisdictions require applicants to engage in a competitive licensing process – and, as we all know, in a competitive process, there are winners and losers. Sometimes the winners don’t deserve to win, and sometimes the losers don’t deserve to lose. Take a look at how you can fight back when things don’t go your client’s way – from challenging the process to suing your jurisdiction, and everything in between.
Moderator:
Chelsie Spencer, Principal Cannabis & Hemp Attorney, Ritter Spencer
Joanne Caceres, Cannabis Law Attorney, Dentons
Tom Haren, Partner, Frantz Ward
Michael Hiller, Managing Director, Hiller PC
Shane Pennington, Associate, Yetter Coleman
Max Montrose, President & Founder, Trichome Institute
All Sessions in PST time zone
SELECTED SPECIAL TOPICS IN CANNABIS: ETHICS
Of all white collar professionals in the United States, alcoholism and depression are most common among lawyers. And we serve an industry that makes an intoxicant more widely available than it has ever historically been. So, what does that mean for our own mental health and our own battles with substance abuse. In some jurisdictions, substance abuse on its own does not constitute a violations of our ethical obligations unless it interferes with our representations of our clients. In others, if that substance is a schedule 1 drug, use along can rise to the level of a violation. But how does the interplay between our ethics requirements, state regulatory regimes, medical recommendations, and our privacy rights converge? If we decide that we want to be consumers in the industry we represent – how do we protect our professional lives and licenses?
David Mann, Northern California Consultant, The Other Bar
Attorneys and professionals: learn how to navigate the gray space between practicing in a state that allows adults or medical patients to consume cannabis, and that state’s interpretation and application of the professional rules of ethics. Panelists will discuss how cannabis use and substance abuse issues can interfere with an attorney’s competence obligations, and mandatory reporting requirements. Panelists will specifically address the ABA Model Rule equivalents in the jurisdictions of Pennsylvania, New York, Massachusetts, California, and Washington D.C.
Moderator:
Hannah Stitt, Associate, Ad Astra Law Group
Panelist:
Andrew Kingsdale, Associate, Law Offices of Omar Figueroa
Bob Nichols, Partner, Kind Law
Patrick Nightingale, Criminal Defense Attorney, PKN Law
How Jessica McElfresh Defended the Ancient Privilege Between Attorney and Client and Emerged Victorious
A conversation with Jessica McElrfresh and Omar Figueroa led by Lara Decaro
When we formed INCBA, we had a vision in mind: to connect attorneys, help build a bar, and support the practice of attorneys serving an emerging industry through education and networking opportunities. We didn’t realize what that support could really mean. Just over a year into the formation of INCBA, a bar association founding member, Jessica McElfresh, was charged with seven felonies in connection with her representation of a cannabis company. Jessica fought back and we knew we had to step in and help. INCBA got behind the effort and supported Omar Figueroa and his firm’s pro bono work in drafting an amicus brief in support of Jessica. Our Executive Director Chris Davis and Omar both personally showed up on her behalf. We did not waver in our support of Jessica and through that experience, the purpose of the organization truly became clear.
Moderator:
Lara DeCaro, Partner, Leland, Parachini, Steinberg, Matzger & Melnick LLP
Omar Figueroa, Founder, Law Offices of Omar Figueroa
Jessica McElfresh, Attorney-at-Law, McElfresh Law Inc.
SELECTED SPECIAL TOPICS IN CANNABIS: GENETICS, PHARMA, AND IP
The specific genetic identities of different strains of the cannabis plant produce different combinations of cannabinoids. These properties have historically lead humans to use the cannabis plant for various therapies and make all manner claims about the curative properties of the plant. Two important developments are at play right now within this framework: patent protection for the plant, parts of the plant, or applications of the plant, and the restrictions and rules relating to making health claims. Both of these legal issues involve various federal agencies and are important for the protection of consumers and to inspire and motivate the development of new products and applications. This track explores these issues.
Track Chairs:
Nicole Grimm, IP Attorney, McDonnell Boehnen Hulbert & Berghoff
Marcelo Pomeranz, Associate, Cooley
Vanita Spaulding, Managing Director, Cannabis Valuation Practice Leader, SingerLewak
Join us for a discussion of patents, patent rights, limitations of patents, and alternatives for protection, from utility to Plant Patents and PVP. Additionally, the panel will delve into deposit requirements (availability to 3rd parties and timing of deposit), data- quality, scope (written description/enablement), and the dynamics for Plant Patent-Flexibility and data quality requirements, and patent enforcement.
Moderator:
Marcelo Pomeranz, Associate, Cooley
Travis Bliss, Partner, Panitch, Schwarze, Belisario, & Nadel
Pauline Pelletier, Director, Sterne, Kessler, Goldstein & Fox
Mark Lewis, President, Napro Research
Moderator:
Nicole Grimm, IP Attorney, McDonnell Boehnen Hulbert & Berghoff
Jon Cousin, Associate, Cooley LLP
Ethan Russo, Founder/CEO, CReDO Science
Shahnam Sharareh, Patent Attorney, Fox Rothschild
Amanda Reiman, Founder, Personal Plants
Ed Rosenthal, Guru of Ganja®