Cannabis: What Lawyers Should Know about Cannabis Legalization


The first hour of the course will explore the history of cannabis use and prohibition from its early uses in medicine to the recent election and beyond with a focus on the political, business and legal issues around cannabis prohibition. The second hour will explore Federal issues effecting cannabis, including tax, banking and fund raising. The third hour will focus on practice tips including the interplay between federal, state and local laws. This will include a half hour on ethical issues that arise in cannabis practice in all states.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

•   Legal and Historical Basis for Cannabis Prohibition •   Expectations for the Post-Prohibition Cannabis Market •   Federal Issues Relating to the Legal Cannabis Business •   Tax, Banking, Legislative and Constitutional Issues •   The Realities of Cannabis Law Practice •   The Interplay between Federal, State and Local Rules (I will provide an illustrative case) •   Ethical Considerations Date / Time: November 9, 2018 •   2:00 pm – 5:15 pm Eastern •   1:00 pm – 4:15 pm Central •   12:00 pm – 3:15 pm Mountain •   11:00 am – 2:15 pm Pacific Choose a format: •   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit. •   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

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jerry-cheslerJerry Chesler is a leading medical marijuana business attorney, both nationally and in Arizona. Jerry is a Founding Member of the National Cannabis Industry Association (NCIA), a founding director of the Arizona Cannabis Bar Association and the Arizona Editorial Board Member for the Cannabis Law Journal. After years of industry experience, including a year and a half as General Counsel and VP of Cannabis Operations for a publicly traded company (American Green, Inc. OTC: ERBB), Jerry opened Chesler Consulting, LLC.

The consulting practice allows Jerry to use his experience, national reputation and contacts to focus on the national cannabis industry. He continues to advise Arizona, Washington and California operators on legal, regulatory and business issues with a focus on expansion and accepting investment. Jerry also advises investors and others trying to enter the Industry. He has put together numerous financing and development deals allowing outside parties to establish, operate, finance or help operate cannabis businesses in various states.

Jerry consults with law firms and teaches cannabis law to professionals for an accredited national CE provider. He speaks at events around the country on cannabis issues to business and medical audiences.

Until the passage of Arizona’s medical marijuana law (the AMMA), Jerry was a business and tax attorney in Carefree, Arizona. In this capacity, he assisted and counseled numerous startup ventures and dealt with a variety of issues for ongoing businesses.

Over the 10 years prior to the AMMA, his practice moved away from litigation issues and into IRS controversy work. Prior to moving to Arizona, Jerry handled disputes among national consumer advertisers for the adverising industry’s self-regulatory body.

Jerry has been a well-respected cannabis rights advocate for over four decades. He believes in the medical properties of cannabis and that federal prohibition is

Jerry and his wife Ellen, a clinical psychologist, have two adult sons.

Accreditation Policy
myLawCLE seeks accreditation for all programs in all states. (Accreditation for paralegals sought thru NALA and NFPA paralegal associations.) Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.

Automatic MCLE Approvals
All myLawCLE CLE programs are accredited automatically either directly or via reciprocity in the following states: AK, AR, CA, CT, FL, HI, ME, MO, MT, ND, NH, NM, NJ, NY, WV, and VT. (AZ does not approve CLE programs, but accepts our certificates for CLE credit.)

Applied MCLE Approvals
myLawCLE seeks approval via application in all other states that are not automatically approved through myLawCLE’s state accreditation. (Some states may take up to 4 weeks to send in final accreditation, however attendees will receive accreditation according to the date the class was taken—the state of VA may take up to 12 weeks.)

Accreditation on Formats: Live Video Broadcasts, “Live” Re-Broadcasts and On-Demand CLEs

Live Video Broadcasts
Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except NV, OH, MS, IN, UT, PA, GA, and LA —these states require in-person attendance to qualify for “Live” CLE credit.

“Live” Re-Broadcasts
“Live” Re-broadcasts are replays of previous recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: NV, OH, MS, IN, UT, PA, GA, and LA]

On-Demand CLEs
On-demand CLE classes are available 24/7 via the myLawCLE portal. Attendance to these classes is monitored and recorded via our login process and a certificate of completion is issued upon the close of viewing the program. These CLEs can be viewed at anytime and only qualify for self-study CLE credits.

Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, HI, CT, FL, ME, MO, MT, ND, NH, NM, VT, NJ, NY, and WV. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

myLawCLE Credit Guarantee
Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.

Section I.
a) Legal and Historical Basis for Cannabis Prohibition
b) Expectations for the Post-Prohibition Cannabis Market

Section II.
a) Federal Issues Relating to the Legal Cannabis Business
b) Tax, Banking, Legislative and Constitutional Issues

Section III.
a) The Realities of Cannabis Law Practice
b) The Interplay between Federal, State and Local Rules (I will provide an illustrative case)
c) Ethical Considerations