Over the last few months we have raised questions about illegal municipal cannabis prohibitions, collection of taxes on federally prohibited businesses, transfer of funds for the same, and; is cannabis a medicine? It looks like the agenda for this seminar heard our questions.
Just fyi for all you canna-aficiondos. (Should be a word, right? Add it to your dictionary)
The Location of the Seminar has Changed to The Westin Seattle.
Explore the Opportunities and
Potential of the Cannabis Industry
By passing Initiative 502 (I-502), Washingtonians have begun the historic end of cannabis prohibition in the United States. However, the road to full legalization of cannabis for recreational use is profoundly complicated. Washington’s Liquor Control Board is tasked with the immense and complex job of creating industry rules and strict regulations that must balance the viability of cannabis businesses with the demands of state and Federal authorities.
This seminar will cover topics directly relevant to I-502, including the Federal versus State conflict issues and State versus local law conflicts. It will also provide the practical advice potential licensees and their attorneys need to know. Attendees will hear directly from leading practitioners and the Liquor Control Board regarding the I-502 licensing process set to take place this November.
This seminar will also address access to banking, tax planning, the future of medical cannabis in Washington and the legal/ethical parameters and tensions arising from practicing in this new industry.
Hilary Bricken, Program Chair
Canna Law Group,
a practice group of Harris & Moure PLLC
Credits: See the credit section for full information
WA MCLE – 6.25 Credits including 1.0 Hours of Ethics Credit
Accountants – May Qualify
Who Should Attend:
Attorneys/Legal Staff
Business Owners
Investors
Government Officials
Accountants/Bankers
Real Estate Professionals
Law Enforcement Officials
Anyone Affected by or Interested in the Implications of I-502
Agenda
Wednesday, Dec. 11, 2013
9:00 Introduction
Hilary Bricken, Program Chair
Canna Law Group,
a practice group of Harris & Moure PLLC
9:10 Update of Cannabis Laws in Washington
Update on the Status of Legalized Cannabis in Washington State; Trends in Licensing; Legal Thresholds; What We Thought Would Happen and What Really Happened; What Can We Expect in Washington State Going Forward; Carrying Capacity and Outlook for Cannabis Sales and Production; What’s Happening in Colorado? Federal v. State Interpretation of Cannabis Laws
Hilary Bricken
Canna Law Group,
a practice group of Harris & Moure PLLC
Alison Holcomb
Criminal Justice Project Director
ACLU of Washington
10:00 Local Perspectives of Legalized Cannabis
How do Cities Strategize When Trying to Pass Local Cannabis Legislation? What are Major City Concerns When Regulating Cannabis? Should Cities Regulate for Cannabis Under a Nuisance or Land Use Ordinance? Can Cities Ban I-502 Operations? Impacts and Outlook for a Major Cannabis Capital, Seattle; Cannabis and Tourism; Cannabis and Local Law Enforcement; How Will Seattle Regulate for I-502?
Brennon Staley
Senior Urban Planner
Seattle Department of Planning & Development
Angela Summerfield
Ogden Murphy Wallace PLLC
10:45 Break
11:00 Views of Legalized Cannabis from the State Legislature
The Benefits of I-502; Flaws in the Initiative; Fallout from I-502; Opportunities and Potential Problems
Sen. Jeanne Kohl-Welles
36th Legislative District
Washington State Senate
Christine M. Masse
Miller Nash LLP
11:45 Taxes and the Treatment of Cannabis Income
Analysis of 280e and How It Will Affect the Recreational Cannabis Industry; Analysis of Deductions to Which Licensees Will Be Entitled; How to Navigate the Department of Revenue on an All-Cash Basis
Rob Braach, CPA
Braach Accounting Service PC
Jordan S. Klein
Fifth Avenue Law Group PLLC
12:30 Lunch (on your own)
1:30 State Regulatory Update on Banking
How is the Department of Financial Institutions (DFI) Dealing With the Tensions Between Federal Banking Laws and the Passage of I-502? An Explanation of Federal Anti-Money Laundering Laws and how DFI is Navigating these Federal Issues.
Joseph M. Vincent, General Counsel
Washington State Department of Financial Institutions
2:00 Real Estate Transactions
Financing Real Estate Transactions in the Cannabis Industry; Is a Cannabis Tenant Considered a Default? What Due Diligence is Required by a Bank When a Landlord Leases Premises to a Cannabis Tenant? What Insurance is Available, If Any, for Coverage on These Types of Leaseholds? Analysis and Compilation of a Cannabis-Savvy Leasehold; Useful Escape Clauses and Addendums
Robert McVay
Canna Law Group,
a practice group of Harris & Moure PLLC
Martha F. Wehling
Phillips Wesch Burgess PLLC
2:45 Break
3:00 Washington Liquor Control Perspectives
The Classic “Three-Tier Model” for Cannabis; Status Update on Marketplace Development and Implementation of I-502; How Traceability Will Function Between the State and Licensees; What Enforcement Will Look Like; Will Training be Available for Licensees on How To Run a Compliant I-502 Operation? Addressing Concerns Over Black Market Stimulation and Law Enforcement Update
Justin Nordhorn
Chief of Enforcement & Education Division
Washington State Liquor Control Board
Alan E. Rathbun
Director of Licensing & Regulation Division
Washington State Liquor Control Board
4:00 Ethical Considerations and Legalized Cannabis
Hypotheticals; Group Discussion on the Ethics of Advising Clients
Philip Buri
Buri Funston Mumford PLLC
5:00 Adjourn
Faculty
Hilary Bricken, Program Chair, is an attorney with Canna Law Group, a practice group of Harris & Moure PLLC. Regarded as one of Washington State’s premier cannabis business attorneys, she helps cannabis companies of all sizes with everything from corporate structure and intellectual property protection to branding, licensing, and application of cannabis law. Her primary focus is helping cannabis companies navigate the increasingly confusing and murky legal climate surrounding state and local cannabis laws.
Rob Braach, CPA, is the founder of Braach Accounting Service PC. He has been a Certified Public Accountant for over twenty-five years. His practice concentrates on individual, business, and corporate tax preparation and planning. He has multiple clients in Washington state engaged in the cannabis industry, and he has developed a comprehensive understanding of the cannabis taxation issues in Montana and Washington.
Philip Buri founded Buri Funston Mumford PLLC, in Bellingham, Washington. He practices appellate and civil litigation, land use, and advises homeowner and community associations. He has been lead counsel in over 125 appeals in all three divisions of the Court of Appeals, the Washington Supreme Court, and the Ninth Circuit.
Alison Holcomb is the ACLU of Washington’s Criminal Justice Project Director. She was the primary author of Washington’s Initiative 502 and directed the campaign that led to its passage in 2012 by a 56-44% margin. In 2007, 2008, 2010, and 2011, she successfully advocated for legislative and regulatory improvements to Washington’s medical marijuana law.
Jordan S. Klein is of counsel with Fifth Avenue Law Group PLLC, where he advises companies and individuals regarding general business and tax matters. He assists clients in planning and implementing business structures, both simple and complex, domestic and international, with a primary objective of tax efficiency.
Sen. Jeanne Kohl-Welles has represented the 36th Legislative District in the Washington State Senate, since 1994. In addition to her position as Ranking Member of the Senate Higher Education Committee, she sits on the Ways & Means, Rules, and Judiciary Committees.
Christine M. Masse, a partner with Miller Nash LLP, is the leader of the government/regulatory affairs practice group and specializes in representing businesses in highly regulated industries with their transactional, regulatory, litigation, and public policy needs.
Robert McVay, is an attorney with Canna Law Group, a practice group of Harris & Moure PLLC in Seattle, Washington. He advises businesses acting under Washington’s medical and recreational marijuana laws, advising them on licensing, regulatory compliance, corporate structure, land use, and commercial transactions.
Justin Nordhorn is the Chief of the Enforcement and Education Division for the Washington State Liquor Control Board and has served the Board for over 15 years, after he started his liquor enforcement career as a liquor enforcement officer.
Alan E. Rathbun is Director of the Licensing and Regulation Division of the Washington State Liquor Control Board (LCB). The Licensing Division consists of over 80 full time employees, including licensing investigators, customer service staff, an education and outreach unit, as well as a new unit to manage the new marijuana licenses.
Brennon Staley is a Senior Urban Planner for the Seattle Department of Planning and Development. In this role, he is responsible for land use policy relating to marijuana as well as a variety of other areas including infrastructure coordination, zoning incentives, environmentally critical areas, trees, and neighborhood planning.
Angela Summerfield is a Member of Ogden Murphy Wallace PLLC, practicing in the firm’s Municipal group and represents many jurisdictions in the Puget Sound area. Her practice includes many areas of municipal law, including land use, real property transactions, public records, public works, public procurement, and a wide variety of municipal litigation.
Joseph M. Vincent is the General Counsel for Washington State Department of Financial Institutions (DFI). He has been with the DFI since 2003. Prior to working for DFI, Joe Vincent was President and Designated Broker of a mortgage brokerage company for 3 years, Legal, Regulatory, and Loan Administration Manager for Washington Federal Savings for 11 years, and was in private practice as a Seattle-area civil litigator for 7 years.
Martha F. Wehling is an attorney with Phillips Wesch Burgess PLLC PC. Her experience includes defending timber sale contracts, Endangered Species Act litigation, derelict vessel litigation, easement and quiet title litigation, trust beneficiary litigation, and other land management and regulatory matters. She also works with clients on the novel permitting and land use issues associated with implementation of the recreational marijuana laws under I-502.
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