5th Annual

Cannabis Law Institutesm

Main Conference: June 9th-11th
Leadership Summit: June 8th

GWLaw | Washington, DC

Covid Policy

Opening Keynote

AG Racine

AG Racine has been a public supporter of decriminalizing cannabis since his election in 2014, and has supported both banking initiatives as well as regulation of DC's decriminalized but unregulated cannabis industry since 2019.With his unique perspective of operating as the top cop in a decriminalized jurisdiction while being hamstrung by Congressional inaction related to budgetary authorization, AG Racine will give us his unique insight into what it means to be caught between social progress and congressional inaction.

Moderator

Join us for an intimate Fireside Keynote on Federal Legalization with leading Congressional Cannabis Champions

Rep. Ed Perlmutter, a Democrat from Colorado, introduced the SAFE Banking Act. This bipartisan bill would eliminate public safety hazards, grant state-legal businesses access to the banking system, and allow the IRS to more effectively collect its fair and substantial share of taxes. The most recent standalone version passed with 106 Republicans voting in support. By refusing to take up incremental reform bills like SAFE Banking, congressional leadership is perpetuating federal cannabis prohibition and allowing the unsustainable patchwork of federal and state cannabis laws to fester.

Rep. Dave Joyce, a Republican from Ohio, introduced legislation with Congressmen Hakeem Jeffries (NY-08) and Brian Mast (FL-18) to better prepare the federal government for the inevitable end to cannabis prohibition. Titled the Preparing Regulators Effectively for a Post-Prohibition Adult Use Regulated Environment (PREPARE) Act, Joyce’s bipartisan bill creates a fair, honest and publicly transparent process for the federal government to establish effective regulation to be enacted upon the termination of its 85-year prohibition of cannabis.

Cannabis Law Institutesm

Each year, International Cannabis Bar Association hosts the Cannabis law Institutesm, where the leading minds in law convene for a multi-day, immersive educational and networking event. Offering CLE credit in the United States and select other jurisdictions, CLI covers a multitude of topics in educational sessions interspersed with networking luncheons, off-site events, receptions, and committee and leadership meetings to inform your legal practice. In its fifth year, INCBA's CLI has emerged at the do-not-miss event legal event of the year, where relationships are formed and key insights are provided.

Session Leads

Click each to view their session

Speakers

Click for Speaker Profile

Cannabis Law Institutesm

George Washington University Law School

Each year, INCBA holds its annual event at a law school around the continental US. We search for a location that can support our growing numbers, but provide the intimate setting and academic influence that makes our members and attendees strive for legal excellence.We are so thrilled to return to GW Law for just these reasons.Established in 1865, The George Washington University Law School is the oldest law school in Washington, DC. The school is accredited by the American Bar Association and is a charter member of the Association of American Law Schools. The law school is located on the GW campus in the downtown neighborhood familiarly known as Foggy Bottom.

View The GW Law complex in Google Maps:
2000 H Street, NW
Washington, DC 20052.

Campus Maps: Click here to open PDF


Area Hotels

Marriott:
Call 1-800-321-2211 and reserve a room at the Courtyard Marriott, Washington DC/Foggy Bottom, 515 20th St. NW 20052. Let them know you are booking under the Canbar or International Cannabis Bar Association room block.
Watergate:
Room block currently in progress - no guarantee of availability and currently no special rate.


GW Covid Policy

Vaccine Verification Instructions for Guests and Visitors at Indoor Events in GW VenuesTo help streamline the vaccine verification process, GW has partnered with CLEAR Health Pass to provide an easy and secure way to demonstrate proof of vaccination. We encourage visitors to indoor GW venues, including the Charles E. Smith Center, Lisner Auditorium and Jack Morton Auditorium, to enroll and complete the CLEAR Health Pass prior to their arrival on campus. Using the CLEAR Health Pass is not required. Individuals who do not register through the CLEAR Health Pass will need to be prepared to show a copy of their Centers for Disease Control (CDC) vaccination card and a government-issued photo ID (for those 18 and up) during their visit.If a guest is unvaccinated, they can provide proof of a negative COVID-19 test taken within the last 24 hours.There are no visitor requirements for guests under 5 years of age.To enroll in the CLEAR Health Pass, follow the steps below:1) Download the CLEAR app and tap the white Health Pass tile
2) Select ‘Events’ scroll to ‘Venue’ and select George Washington University
3) Easily enroll or verify your identity with a quick selfie
4) Follow the prompts to verify your proof of vaccination
· Link proof of vaccination (option 1) - CDC card upload recommended
· When prompted, select ‘add your vaccination card’ to upload a photo of your CDC Vaccine Card


Cannabis Law Institutesm

CLI2022 Course Materials

SPONSORED BY Cannabis NewsHub:
The most efficient way to keep up with news and information in the fast-moving cannabis industry.

Cannabis Law Institutesm

Agenda

Jun 9th

June 9th | 10:00 am - 12:00 pm

Getting to Know You: The Vocabulary, Touch, Taste, and Spirit of the Cannabis Industry (Optional Morning Session)

Join us for this unstructured session to find out about the latest products, the art of sommelier-ing in cannabis, and the qualities of the plant that people find so enchanting.

June 9th | 1:00 - 1:25 pm

Welcoming Remarks & State of the Industry

Join INCBA Executive Director Christopher Davis, Current President Katy Young, Founding President & CLI Chair Shabnam Malek, and Founding Board Member Mary Shapiro for our annual welcome and state of the industry address.

June 9th | 1:30 - 1:50 pm

Opening Keynote: AG Racine

AG Racine has been a public supporter of decriminalizing cannabis since his election in 2014, and has supported both banking initiatives as well as regulation of DC's decriminalized but unregulated cannabis industry since 2019.With his unique perspective of operating as the top cop in a decriminalized jurisdiction while being hamstrung by Congressional inaction related to budgetary authorization, AG Racine will give us his unique insight into what it means to be caught between social progress and congressional inaction.

June 9th | 2:00 - 3:00 pm

Keynote: Join us for an intimate Fireside Keynote on Federal Legalization with leading Congressional Cannabis Champions

Distinguished Guests:Rep. Ed Perlmutter, a Democrat from Colorado, introduced the SAFE Banking Act, a bipartisan bill would eliminate public safety hazards, grant state-legal businesses access to the banking system, and allow the IRS to more effectively collect its fair and substantial share of taxes.Congressman Dave Joyce (OH-14) introduced legislation with Congressmen Hakeem Jeffries (NY-08) and Brian Mast (FL-18) to better prepare the federal government for the inevitable end to cannabis prohibition.

June 9th | 3:15 - 4:15 pm

International Drug Policy: The UN and the Birth of Maverick Nations

Join us for a discussion that focuses on the international legislative mechanisms that regulated countries have used to address their obligations under the UN Single Convention.

June 9th | 4:30 - 5:30 pm

Federal Policy: The Elephant (and Donkey) in the Room

Two DC insiders, Saphira Galoob, Managing Director of the Liaison Group, and Amber Littlejohn, Executive Director of the Minority Cannabis Business Association, will discuss a bird's-eye view of Democratic and Republican approaches to federal cannabis reform.

Jun 10th

June 10th | 9:00 - 10:30 am

(First) Annual Summary of Precedential Rulings and Litigation Trends

Introducing a new recurring session at CLI! Each year we will review significant cases that have been adjudicated and establish precedent or provide insight into persuasive arguments.

June 10th | 10:50 - 12:20 pm

Moot Court: Sisley v. U.S. Drug Enforcement Administration

Our distinguished panel of judges will hear argument from both sides—petitioners and the government—and make a decision regarding the legality of marijuana’s continued classification as a Schedule I substance. Come see the exciting hearing unfold!

June 10th | 1:30 - 2:45 pm

Raising Money: Housekeeping, Corporate Governance, & Anticipating Structure Changes

This is the final installment of INCBA’s Business Law - Formation series. This panel will discuss the nuts and bolts of raising money including, securities laws, what is a security, registration requirements, exemptions to registration, types of investment vehicles, and investor disclosure documents.

June 10th | 1:30 - 2:45 pm

Congressional Developments: Approaches to Hemp in Federal Legalization Bills

What will the next years bring for federal issues in light of reauthorization of the 2018 Farm Bill and possible developments for federal legalization bills?

June 10th | 2:55 - 4:10 pm

KYC: Affirmative Due Diligence for Lawyers

In this CLE, you will learn about best practices and how to avoid common pitfalls in the rules of professional conduct. The panel will also provide an update on current proposals growing out of the attorney-as-gatekeeper discussion.

June 10th | 2:55 - 4:10 pm

Federal Agencies 2030: Looking Forward, How Cannabis Reform Will Shuffle the Deck

Focusing on the Cannabis Administration and Opportunity Act (CAOA), the Marijuana Opportunity Reinvestment and Expungement Act (MORE), and the States Reform Act (SRA), our panelists will discuss how these proposals would change how the the relevant agencies (such as USDA, FDA, TTB, and PTO) regulate the cannabis sector.

June 10th | 4:25 - 5:40 pm

The 5 Toughest Issues in Cannabis M&A

This deeper dive panel will focus on five of the most difficult legal issues to manage in these transactions. They include: non-competes/non-solicitations, earn-out provisions, implications of cash vs. stock components in consideration, consideration dependent on future legalization efforts, and clarifying state approval processes for transactions.

June 10th | 4:25 - 5:40 pm

Tri-State Licensing and the Next Biggest Market

With legalization initiatives moving quickly in the Tri-State Area, prospective operators are gearing up for what will inevitably be a competitive licensing process. In this session, attorneys will delve into the laws in: New Jersey, New York, and Connecticut.

Jun 11th

June 11th | 9:30 - 10:30 am

Cannabis Regulators and the Long Haul

This panel is a roundtable of state cannabis regulators. The panel will provide attendees with a glimpse into the inner workings of cannabis regulatory agencies.

June 11th | 9:30 - 10:30 am

International Emerging Markets - Regulation at the Jurisdictional Level

While jurisdictions such as Canada have given us a glimpse into some of the legal issues faced by a country choosing to legalize federally, other models have since emerged. What are these new jurisdictions? What do they have in common? What legal issues are they facing? Join us for a showcase of other countries who have recently “emerged” to join the global adult use, therapeutic, and industrial hemp markets.

June 11th | 10:40 - 11:40 am

Social Equity in the Real World

This panel will provide real life practical solutions to the question the cannabis industry faces: how do we level the playing field in a highly regulated, highly competitive industry? We will discuss how to practically implement social equity efforts beyond what states and municipalities have been offering and discuss recommendations for federal legalization.

June 11th | 10:40 - 11:40 am

Emerging Cannabinoids: Unique Legal and Regulatory Issues

This panel will provide real life practical solutions to the question the cannabis industry faces: how do we level the playing field in a highly regulated, highly competitive industry? We will discuss how to practically implement social equity efforts beyond what states and municipalities have been offering and discuss recommendations for federal legalization.

June 11th | 12:00 - 1:00 pm

Cannabis IP Portfolios: Diligence Before you Buy

This session will provide you with practice and practical advice on how to conduct due diligence on an IP portfolio in various types of transactions. The panel will identify top diligence issues so you can spot them in the next transaction you handle, and we'll discuss how to address them.

June 11th | 12:00 - 1:00 pm

Hot Markets: The Canna-License Dating Game (Adult Use Edition)

Come play the dating game, a completely new way to provide fun education for our last panel of the conference!! Our contestants are each license applicants who are given a choice of three potential states (the potential suitors) in which to apply.

Cannabis Law Institutesm

Register

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Non-Member: $850
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CLI2022 + INCBA *Membership
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Cannabis Law Institutesm

Welcoming Remarks & State of the Industry

June 9th | 1:00 - 1:25 pm

Join INCBA Executive Director Christopher Davis, Current President Katy Young, Founding President & CLI Chair Shabnam Malek, and Founding Board Member Mary Shapiro for our annual welcome and state of the industry address.

Cannabis Law Institutesm

Getting to Know You: The Vocabulary, Touch, Taste, and Spirit of the Cannabis Industry

June 9th | 10:00 - 12:00 pm

The cannabis industry is, objectively, the most innovative in the world, with more new monthly products on the shelves than any other. From flower to oils, edibles to beverages, and topicals to wellness, there are more products than any one person can possibly keep track of. And now more than ever before, there is a growing ecosystem of individuals and businesses that aim to help consumers curate the perfect experience, taking into account preferences on ingestion method, strength, quality, effect and much more.Join us for this unstructured session to find out about the latest products, the art of sommelier-ing in cannabis, and the qualities of the plant that people find so enchanting. This special session is intended to help you identify products, talk the talk, and understand your clients and their industry better to make you a better counselor.

Cannabis Law Institutesm

Tri-State Licensing and the Next Biggest Market

June 10th | 4:25 - 5:40 pm

With legalization initiatives moving quickly in the Tri-State Area, prospective operators are gearing up for what will inevitably be a competitive licensing process. Regardless of whether the licensing process is time sensitive, lottery-based, or merit-based, attorneys for prospective cannabis business operators will have to adapt, and help their clients navigate these varied regulatory landscapes. In this session, attorneys will delve into the laws in: NJ, where retail sales have already begun against the backdrop of political controversy and applications are still being accepted for cultivation, processing, testing laboratories, and retail (with distribution, delivery, and social use license applications on the horizon); NY, which, as part of its social and economic equity ("SEE") program, has launched a novel social equity initiative prioritizing hemp farmers for conditional cultivation licenses and "justice involved" individuals for conditional retail licenses; and CT, which is implementing a lottery-based system of licensing, but not without significant controversy from social equity advocates seeking a more inclusive program. All of this raises the question: Will equitable licensing thrive in the Tri-State Area, or are these states doomed to repeat other jurisdictions' past mistakes?

Cannabis Law Institutesm

KYC: Affirmative Due Diligence for Lawyers

June 10th | 2:55 - 4:10 pm

Attorneys who represent cannabis industry clients need to be aware of both general anti-money laundering and know-your-customer practices as well as the high-risk nature of this particular industry.After years of international pressure and the US Treasury's considerations of regulations that would hold attorneys accountable for their clients' money laundering abuses, the ABA is now considering model ethics guidance that aims to prevent lawyers from being used as instrumentalities in Bank Secrecy Act violations.On top of that, cannabis industry attorneys face special Anti-Money Laundering and Know Your Customer challenges given cannabis' current scheduling under the Controlled Substances Act, operators’ lack of
access to traditional banking services, and the myriad jurisdictional rules (municipal, county, and state) applicable to market participants.
In this CLE, you will learn about best practices and how to avoid common pitfalls in the rules of professional conduct. The panel will also provide an update on current proposals growing out of the attorney-as-gatekeeper discussion.

Cannabis Law Institutesm

Congressional Developments: Approaches to hemp in federal legalization bills

June 10th | 1:30 - 2:45 pm

Since the 2018 Farm Bill legalized hemp, there are now two distinct commercial industries: pharmaceuticals / wellness and industrial. In the pharmaceutical and consumer wellness areas, there is an explosion of innovation and new products. In the industrial market, there is increasing interest in light of sustainability and carbon capture considerations. At the state level, the most significant update is the evolving state efforts to place THC potency limits on CBD products, efforts that could significantly limit full spectrum wellness products. Related is the ongoing state legislation seeking to define “intoxicating” and “synthetic” and to limit these products, particularly Delta8 and other cannabinoid products. At the federal level, the recent cannabis legalization bills address the regulation of hemp and set out varying roles for federal agencies. What will the next years bring for federal issues in light of reauthorization of the 2018 Farm Bill and possible developments for federal legalization bills?

Cannabis Law Institutesm

Raising Money: Housekeeping, Corporate Governance, & Anticipating Structure Changes

June 10th | 1:30 - 2:45 pm

This is the final installment of INCBA’s Business Law - Formation series. After forming a cannabis business, drafting internal documents, and understanding potential disputes, the next natural step is assisting your client with raising money. This panel will discuss the nuts and bolts of raising money including, securities laws, what is a security, registration requirements, exemptions to registration, types of investment vehicles, and investor disclosure documents. The panelists will also walk through the common negotiation points between an issuer and investor that may require changes to the company’s existing company documents

Cannabis Law Institutesm

International Drug Policy: The UN and the Birth of Maverick Nations

June 9th | 3:15 - 4:15 pm

In late 2020, the UN’s Commission on Narcotic Drugs accepted a WHO recommendation to remove cannabis from Schedule IV of the 1961 Single Convention on Narcotic Drugs. Many hoped that this symbolic act would give some wind to the sails of those pushing for cannabis regulation in their respective jurisdictions.While we look forward to witnessing the practical applications of this move, it is relevant to focus on the jurisdictions that have already regulated cannabis use and trade via their own means.Join us for a discussion that focuses on the international legislative mechanisms that regulated countries have used to address their obligations under the UN Single Convention.

Related from the INCBArchives...

Ramp up for CLI

Originally presented October 2020. Now available on-demand. Learn more

Cannabis Law Institutesm

Federal Agencies 2030: Looking Forward, How Cannabis Reform Will Shuffle the Deck

June 10th | 2:55 - 4:10 pm

In this session, our panelists discuss how legislative reform may reorient how the federal government regulates cannabis. Focusing on the Cannabis Administration and Opportunity Act (CAOA), the Marijuana Opportunity Reinvestment and Expungement Act (MORE), and the States Reform Act (SRA), our panelists will discuss how these proposals would change how the the relevant agencies (such as USDA, FDA, TTB, and PTO) regulate the cannabis sector. Are there unanswered questions or unintended consequences? What would the regulatory landscape look like in the post-legalization United States? Are any of these proposals a panacea for what ails the industry in various verticals?

More from this series...

Federal Agencies 101 - 301

Federal Agencies 101, 201, and 301 are available for CLE credit On-Demand. Learn more

Cannabis Law Institutesm

The 5 Toughest Issues in Cannabis M&A

June 10th | 4:25 - 5:40 pm

In any industry, M&A is challenging. In cannabis, the issues can be even more complex. This deeper dive panel will focus on five of the most difficult legal issues to manage in these transactions. They include: non-competes/non-solicitations, earn-out provisions, implications of cash vs. stock components in consideration, consideration dependent on future legalization efforts, and clarifying state approval processes for transactions. Join this panel to hear more about these challenging issues and the best strategies for addressing them in individual transactions.

More from this series...

Finance 101 - 301

Finance 101, 201, and 301 are available for CLE credit On-Demand. Learn more

Cannabis Law Institutesm

Federal Policy: The Elephant (and Donkey) in the Room

June 9th | 4:30 - 5:30 pm

Two DC insiders, Saphira Galoob, Managing Director of the Liaison Group, and Amber Littlejohn, Executive Director of the Minority Cannabis Business Association, will discuss a bird's-eye view of Democratic and Republican approaches to federal cannabis reform. Both parties have introduced sweeping legalization proposals, with each party trying to control the federal cannabis narrative—so who will deliver the first victory? Who has proposed legislative reform that can pass? What are the major differences between Leader Schumer and House Reps. Joyce or Mace’s federal framework proposals? Is bipartisan reform a pre-requisite or even possible? Who will take control of this issue in anticipation, or as a result of the midterm elections in November 2022?Join us for a comparison of the leading proposals in Congress (CAOA, States Reform Act, Commonsense Cannabis Reform Bill, HOPE Act).

Cannabis Law Institutesm

Social Equity in the Real World

June 11th | 10:40 - 11:40 pm

This panel will provide real life practical solutions to the question the cannabis industry faces: how do we level the playing field in a highly regulated, highly competitive industry? We will discuss how to practically implement social equity efforts beyond what states and municipalities have been offering and discuss recommendations for federal legalization. Can we provide meaningful support systems to assist applicants with capital, technical assistance, mentorship, and the technical training critical to the success of an applicant's business?From evolving technology to setting up incubator programs to creating co-working facilities and training modules, this program will detail the challenges and successes with existing social equity initiatives, and provide solutions and practical steps that governments, services professionals, and business owners can take to level the playing field for communities most harmed by the prohibition of cannabis.

Cannabis Law Institutesm

International Emerging Markets - Regulation at the Jurisdictional Level

June 11th | 9:30 - 10:30 pm

“What” a global cannabis industry will look like has been subject to as much speculation as the question of “when”. The famous “3 to 5 year” predictor has become the standard answer to any question touching the timing of a new international market. While jurisdictions such as Canada have given us a glimpse into some of the legal issues faced by a country choosing to legalize federally, other models have since emerged. What are these new jurisdictions? What do they have in common? What legal issues are they facing? Join us for a showcase of other countries who have recently “emerged” to join the global adult use, therapeutic, and industrial hemp markets.

Cannabis Law Institutesm

Cannabis IP Portfolios: Diligence Before you Buy

June 11th | 12:00 - 1:00 pm

All sorts of opportunities abound in the cannabis sector! Investments, mergers and acquisitions, and brand and technology licensing agreements are just a few. What does it take to button up these transactions? Due diligence. Cross those i's and dot those t's, or better yet, dig into the IP components that must be evaluated before any such transaction closes with peace of mind. This session will provide you with practice and practical advice on how to conduct due diligence on an IP portfolio in various types of transactions. The panel will identify top diligence issues so you can spot them in the next transaction you handle, and we'll discuss how to address them. And just for fun (because what is diligence if it isn't fun? The doc review for transactional attorneys... amirite?), for the final portion of the session, the panel will conduct a mock diligence meeting where many of these issues will be discussed in real time!

Cannabis Law Institutesm

Moot Court: Sisley v. U.S. Drug Enforcement Administration

June 10th | 10:50 am - 12:20 pm

In 2020, from a cell in a California state prison, Steven Zyszkiewicz wrote a letter to DEA to request removal of marijuana from Schedule I of the Controlled Substances Act. His reason was simple: “the current situation of cannabis in Schedule I [is] completely untenable” because “[h]alf the states allow for medical use.” He was (and still is) right. But when DEA responded just months later, it concluded otherwise and denied Zyszkiewicz’s petition. According to DEA, evidence gathered in response to a different petition submitted nearly a decade earlier proved that, per its five-part test, marijuana today has no “currently accepted medical use in treatment in the United States.” Days later—and completely by chance—counsel for Dr. Sue Sisley of Scottsdale Research Institute learned of DEA’s then-secret denial of Mr. Zyszkiewicz’s petition. Together with several veterans and veterans-rights organizations, Dr. Sisley sued DEA in federal court challenging the five-part test the agency has used to keep marijuana in Schedule I for decades. That petition is being played out at CLI's first ever Moot Court!Our distinguished panel of judges will hear argument from both sides—petitioners and the government—and make a decision regarding the legality of marijuana’s continued classification as a Schedule I substance. Come see the exciting hearing unfold! Shane Pennington and Matt Zorn, counsel for Dr. Sisley in the U.S. Court of Appeals for the Ninth Circuit will present the case—Dr. Sisley’s arguments as well as the government’s before our distinguished panel of judges: Alan Morrison, Dean of Public Interest GW Law, Michael S. Hiller, Managing Partner of Hiller, PC, and Jay Wexler, Professor of Law, Boston University.

Cannabis Law Institutesm

Cannabis Regulators and the Long Haul

June 11th | 9:30 - 10:30 am

This panel is a roundtable of state cannabis regulators. The panel will provide attendees with a glimpse into the inner workings of cannabis regulatory agencies.Not only will the panelists each tell the audience one thing they each believe is critical for practitioners to best serve their clients, they will discuss both the present and future of cannabis regulation:How do agencies attempt to keep up with the rapid pace of change in the industry?
How are regulators preparing for the inevitable need for harmonization post federal legalization?

Cannabis Law Institutesm

Emerging Cannabinoids: Unique Legal and Regulatory Issues

June 11th | 10:40 - 11:40 am

This panel will cover the rapidly expanding market for cannabinoids other than CBD, including intoxicating cannabinoids from hemp. We will discus the cannabinoids most likely to emerge on the market and describe how they are produced, marketed, and their effects on humans. Panelists will review the unique legal and regulatory issues that emerging cannabinoids present to lawyers and strategies for addressing them. Throughout this presentation, the experts will engage substantively with each other about differences in opinions in an effort to tease out nuanced, often overlooked, and unsettled areas of law.

Cannabis Law Institutesm

Hot Markets: The Canna-License Dating Game (Adult Use Edition)

June 11th | 12:00 - 1:00 pm

Come play the dating game! Our contestants are each license applicants who are given a choice of three potential states (the potential suitors) in which to apply. In two rounds, each contestant will interview representatives from three "states" and pick the best match, but won't know what state they picked until the selection process is over. Come join us for this completely new way to provide fun education for our last panel of the conference!