Delta-8 and other Cannabinoids, Regulated or Not? Panel Discussion, and the Impact of Cannabis NFT’s and Web3 Crossover

Andrew Kline
Nathalie Bougenies
Jonathan Bench
Frederic Rocafort
Arlo Kipfer
Andrew Kline | Perkins Coie LLP
Nathalie Bougenies |
Jonathan Bench | Harris Bricken
Frederic Rocafort | Harris Bricken
Arlo Kipfer | Harris Bricken

Re-Broadcast: May 27, 2022

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Program Summary

Session I - Delta-8: A New Low in Highs - Andrew Kline and Nathalie Bougenies

There are dozens of cannabinoids on the open market today. Some are marijuana-derived, some are hemp- derived, some are regulated, some are not. This panel will consider the state legality of CBD (and CBD- infused foods), Delta 8 THC, and CBN. The panel will also examine the definition of “artificially derived” and “synthetic” and the related ramifications of the lack of one definition. Finally, the panel will consider what needs to happen to be ready for interstate commerce.

Key topics to be discussed:

  • State legality of CBD (and CBD-infused foods), Delta 8 THC, and CBN
  • Definition of “artificially derived” and “synthetic” and the related ramifications of the lack of one definition
  • What needs to happen to be ready for interstate commerce

Session ll - Cannabis NFT’S and Web3 Crossover: Tokenization - Jonathan Bench, Frederic Rocafort and Arlo Kipfer

Web3 law is an emerging practice area and an umbrella term that encompasses a variety of established legal practices. Fundamentally, anything that touches blockchain technology is a part of Web3 law. This includes (a) cryptocurrencies such as Bitcoin and Ethereum that fit into the larger “defi” (decentralized finance) movement; (b) NFTs (non-fungible tokens) and their derivatives; (c) DAOs (decentralized autonomous organizations); and (d) smart contracts.

Both technology and vocabulary in the Web3 space continue to proliferate, and jurisdictions around the world have only begun to decide how to grapple with Web3 concepts that impact many areas of law, both domestically and internationally: corporate formation and governance, finance, securities, employment, and intellectual property, as well as the crucial underpinnings of every legal transaction: contracts and dispute resolution.

Key topics to be discussed:

  • Cryptocurrency
  • NFTs
  • DAOs
  • Smart contracts

This course is co-sponsored with myLawCLE.

Date / Time: May 27, 2022

  • 2:00 pm – 4:10 pm Eastern
  • 1:00 pm – 3:10 pm Central
  • 12:00 pm – 2:10 pm Mountain
  • 11:00 am – 1:10 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 5 business days after the original recording date and are viewable for up to one year.

Closed-captioning available

Speakers

Andrew Kline_myLawCLEAndrew Kline | Perkins Coie LLP

Andrew Kline advises companies involved in all aspects of cannabis law and policy, regulatory compliance, civil litigation, and investigations. He brings a rare combination of public policy, cannabis, and prosecutorial experience to the firm, following decades of service in the highest levels of government and in the private and nonprofit sectors. Andrew also has a deep and celebrated background in coalition creation and management. Drawing on his nearly 15 years of experience as a federal prosecutor, and public service working as policy advisor to then-Vice President Biden and counsel to then- Senator Biden, Andrew represents clients in some of most sensitive areas of law and policy.

Most recently, Andrew served as public policy director for the National Cannabis Industry Association, the leading trade organization for the state-legal cannabis industry. There, he led public policy development and created and led its policy council—the “think tank” for the cannabis industry. Under Andrew’s leadership, the council developed public policies to promote, grow, and protect state-legal cannabis businesses. The council’s work served to inform and influence members of the U.S. Congress, Executive Branch officials, state legislators and regulators, the media, and industry stakeholders on matters critical to the future of the burgeoning industry.

Andrew held several critical roles in the Obama-Biden administration including as crime and drug policy advisor to the vice president, chief of staff, and senior advisor to the intellectual property enforcement coordinator, and enforcement counsel at the Federal Communications Commission (FCC). As policy advisor to then-Vice President Biden, Andrew was responsible for strategic oversight of the Office of National Drug Control Policy, including a $15 billion interagency budget process, President Obama’s drug control strategy, and the anti-drug youth media campaign. He also led White House/Executive Branch interagency working groups on complex policy issues, including prisoner reentry and drug demand policies. Andrew also called the strategic development, interagency coordination, and successful implementation of the president’s intellectual property enforcement strategy including establishing the first Office of the Intellectual Property Enforcement Coordinator. There, he successfully negotiated public- private partnerships across government agencies and fintech, pharmaceutical, shipping, advertising, and media industries to ensure global protection of domestic companies intellectual property assets and U.S. national security and consumer safety concerns.

Andrew’s experience as a federal prosecutor includes six years as an assistant U.S. attorney in the District of Columbia. He also served as a federal prosecutor for six years in the Civil Rights Division’s Criminal Section where as special litigation counsel he led teams investigating and prosecuting complex and high- profile federal criminal civil rights cases, including excessive use of force under color of law, human trafficking, and hate crimes. Andrew has first-chaired over 40 criminal jury trials, 12 bench trials, and argued numerous criminal appeals. He also conducted hundreds of multi-agency investigations during the course of his 14-year tenure at the department.

Andrew is a frequent speaker and media resource and has keynoted or offered expert commentary for the American Bar Association (ABA), Attorney General’s Alliance, Cannabis World Congress and Business Expo, MJBizCon, Cannavest, Defense Resource Institute (DRI), Claims and Litigation Management Alliance (CLM), Cadwalader Finance Forum, NCIA’s Cannabis Business Summit and Expo, Cannabis Industry Journal, New York Bar Association (NYBA), the United Nations (Vienna), and Vanity Fair.

His community service work includes serving on the board of directors of the Anti-Defamation League, Rocky Mountain States. He also continues to serve as a mentor to at-risk youth in Washington, D.C.

 

Nathalie Bougenies_myLawCLENathalie Bougenies*

*Scheduled to join Miller Nash LLP on June 20, 2022.

For the past four years, Nathalie has been in the cannabis space and focuses her practice on health and wellness, in addition to corporate transactions and regulatory compliance. She helps clients navigate the complex regulatory landscape of hemp products intended for human consumption and advises domestic and international clients on the sale, distribution, marketing, labeling, and importation of these products. Nathalie frequently speaks on these issues and has made national media appearances, including on NPR’s “Marketplace.” She also authors a weekly column for “Above the Law” that features content on cannabis policy and regulation. For three consecutive years, Nathalie has been named Rising Star by Super Lawyers.

 

Jonathan Bench_myLawCLEJonathan Bench | Harris Bricken

Jonathan Bench is chair of Harris Bricken’s corporate practice group, where he helps public and private companies with international and domestic business transactions. His clientele includes companies from Asia, Europe, Africa, and the Americas. Jonathan has worked and consulted in the U.S., Asia, and South America and is fluent in Chinese and Cantonese.

He regularly presents to business owners and organizations regarding international business transactions, particularly foreign direct investment and the emerging Web3 developments: decentralized autonomous organizations (DAOs), decentralized finance (defi), cryptocurrencies, non-fungible tokens (NFTs), and smart contracts.

Jonathan co-hosts Harris Bricken’s Global Law and Business podcast, which covers legal and economic business developments around the world. He is a regular contributor to the award-winning China Law Blog and the award-winning Canna Law Blog, where he shares his practical insights into doing business internationally and in the cannabis and other emerging industries.

 

Frederic Rocafor_myLawCLEFrederic Rocafort | Harris Bricken

Fred Rocafort chairs Harris Bricken’s international practice. He also advises companies doing business overseas on legal and regulatory matters, from company formation to import/export compliance. In particular, he helps businesses protect and monetize their intellectual property at home and abroad. In addition, Fred co-hosts Harris Bricken’s weekly Global Law and Business podcast, where he regularly interviews business and legal actors from around the world and is a regular contributor to the award-winning China Law Blog.

 

Arlo Kipfer_myLawCLEArlo Kipfer | Harris Bricken

Arlo advises clients on Web3, Latin America and China business issues. Arlo lived in China for almost two decades, guiding the development and compliance efforts for multinationals in Asia, and also in Europe and the Americas. In addition to his wide-ranging international practice, Arlo spends much of his time helping Web3 clients navigate the rapidly evolving legal frameworks and regulations surrounding emerging technologies and systems built on blockchains.

While in China, Arlo worked extensively with companies, international nonprofits and educational organizations. He is a strong negotiator in Mandarin and English, even in environments that strongly favor the “home team.” Having been immersed in Chinese law and culture for so long, Arlo is especially adept at helping foreign and Chinese businesses communicate with each other as clearly and effectively as possible.

Agenda

I. State legality of CBD (and CBD-infused foods), Delta 8 THC, and CBN | 2:00 pm – 2:25 pm
II. Definition of “artificially derived” and “synthetic” and the related ramifications of the lack of one definition | 2:25 pm – 2:45 pm
III. What needs to happen to be ready for interstate commerce | 2:45 pm – 3:00 pm

Break | 3:00 pm -3:10 pm

IV. Introduction to Web3 Blockchain Technologies | 3:10 pm – 3:25 pm
V. Cryptocurrency | 3:25 pm – 3:35 pm
VI. NFTs | 3:35 pm – 3:45 pm
VII. DAOs | 3:45 pm – 3:55 pm
VIII. Smart contracts | 3:55 pm – 4:10 pm