Faculty Course Information

Online Seminar

Marijuana Business Law in New Jersey

Know the Salient Points of Marijuana Laws and Effectively Advise Your Clients

Division
NBI (99198)
Event Date
11/05/2024
Event Time
9:00 AM - 4:30 PM EST
Event Planner
Nicole Vandermoss
Email
nicole.vandermoss@nbi-sems.com
Phone
(715) 835-8525

Program Description

Know the Salient Points of Marijuana Laws and Effectively Advise Your Clients

The legalization of marijuana has created business opportunities, but it has also created many questions and uncertainties for professionals advising businesses due to the position of the federal government. What are possible federal responses to legalized cannabis? What types of businesses does state law allow, and how does a potential business owner obtain a permit? When are you potentially violating federal law by merely assisting a client? Learn the answers to these questions and more - register today!

  • Understand how the federal government can use forfeiture laws to close marijuana-related businesses.
  • Evaluate the current banking landscape and determine whether a cannabusiness can obtain financing.
  • Ensure marijuana business clients have business policies and procedures in place that help them avoid legal scrutiny.
  • Confidently advise clients on all aspects of the marijuana business licensing process.
  • Gain practical legal tips on cannabis product packaging, labeling, and testing.
  • Recognize the state and federal tax implications for cannabis-related businesses.
  • Analyze the ethical implications of advising cannabis business clients.

Who Should Attend

This intermediate level online seminar provides practical information on marijuana law for:

  • Attorneys
  • Accountants and CPAs
  • Bankers and Commercial Lenders
  • Financial Advisors
  • Paralegals

Course Content

  1. Federal Responses to New Jersey Marijuana Law
  2. Banking and Financing for the Marijuana Industry
  3. Marijuana Businesses Law in New Jersey
  4. Obtaining a New Jersey Cannabis Business License
  5. Ethics
  6. New Jersey Marijuana Taxation: The Latest Rules
  7. Legal Best Practices for Marijuana Product Packaging, Labeling, and Testing

Agenda / Content Covered

All times are shown in Eastern time.
  1. Federal Responses to New Jersey Marijuana Law
    9:00 - 9:45, Andrew P. Cooper
    1. Current Federal Enforcement Priorities
    2. Federal Memos and Contradictory Messages
    3. Possible Legal Consequences to Cannabis Consumers Under Federal Law
      1. Gun Control Act of 1968
      2. Federal Housing Assistance
    4. State Agencies and Federal Funding
    5. Preemption and the Controlled Substance Act
  2. Banking and Financing for the Marijuana Industry
    9:45 - 10:30, Josh S. Bauchner, Natalie C. Diaz
    1. Federal Rules and Regulations Affecting Financing
      1. Controlled Substance Act
      2. Bank Secrecy Act
      3. 18 USC §1956
    2. Interpreting the Latest FinCEN and Justice Department Guidance
    3. Lender Due Diligence With Cannabis Businesses
    4. Bank Forensic Audits of Businesses: Determining the Source of Funds
    5. Getting the Loan: Providing Transparency to Lenders
  3. Marijuana Businesses Law in New Jersey
    10:45 - 11:30, Andrew P. Cooper
    1. Powers of State Regulatory Agencies
    2. Business Types Allowed
    3. Marketing Restrictions
    4. Zoning Requirements
    5. Employment Rules and Restrictions for Cannabis Businesses
    6. Negotiating Third-Party Agreements With Cultivators, Managers, etc.
    7. Premises Security Regulation Compliance
    8. Preparing for State Regulatory Agency Inspections
  4. Obtaining a New Jersey Cannabis Business License
    11:30 - 12:15, Josh S. Bauchner, Natalie C. Diaz
    1. Application Procedures: Avoiding Mistakes
    2. Grounds for License Refusal
    3. License Renewals
    4. License Transfers
    5. Appealing Application Denials
  5. Ethics
    1:15 - 2:15, Sven Wiberg
    1. Marijuana and Rules of Professional Conduct
    2. Duty to Pursue Justice
    3. Attorney Use of Cannabis Products
    4. Attorney Ownership of Cannabis Businesses
  6. New Jersey Marijuana Taxation: The Latest Rules
    2:15 - 3:15, Louis J. Kesselbrenner
    1. State and Local Taxation Protocols for Marijuana Businesses
    2. Federal Tax Issues
      1. IRC §280E - Deduction of Business Expense
      2. Cash Payments
      3. Other Emerging Issues
    3. Business Strategies to Overcome Taxation Difficulties
    4. Current Tax Updates
  7. Legal Best Practices for Marijuana Product Packaging, Labeling, and Testing
    3:35 - 4:35, Andrew P. Cooper, Sheri L. Tarr
    1. Labeling Rules: Product Dosage, etc.
    2. Packaging Restrictions: Appearance, Child-Proofing, and Other Issues
    3. Obtaining Trademarks
    4. Ensuring Proper Food Safety Procedures for Edibles
    5. Product Testing and Third-Party Testing Laboratories
    6. Avoiding Product Liability Pitfalls
    7. Cannabis Disposal Protocols

Materials Due Date: 10/01/2024


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Josh S. Bauchner is a partner with Mandelbaum Barrett PC, where he is co-chair of the litigation department, head of the cannabis law practice group, and a member of the community association law and bankruptcy practice groups. His areas of concentration include complex commercial, class action, bankruptcy-related, and securities litigation, including enforcing commercial lease agreements, guaranties, purchase and sale contracts, and commission agreements; litigating partnership disputes; defending against class-actions arising from alleged violations of consumer protection and related statutes; litigating claims arising from bad faith denial of insurance coverage; and defending against commercial foreclosure actions. Mr. Bauchner earned his B.A. degree, cum laude, from Wheaton College; and his J.D. degree, magna cum laude, from Brooklyn Law School.

Andrew P. Cooper leads FRB’s healthcare and cannabis and psychedelics practice groups, and contributes to the commercial litigation practice group. He has dedicated his career to delivering exceptional legal services and to handling high-stakes litigation for a diverse clientele. With over 30 years of experience in the area, Mr. Cooper’s healthcare practice includes representing various cross-sections of healthcare providers including physician groups, hospitals, physician/hospital organizations, independent practice associations, diagnostic and treatment centers, office-based and ambulatory surgery centers; effectively acting as general counsel in all aspects of business operations including transactions, employment, human resources, and litigation matters. His cannabis practice includes a full range of legal and consultative services in all areas of cannabis law. These include licensure preparation, applications, and strategy, business planning, industry segmentation, establishing partnerships and joint ventures, branding and intellectual property, real estate, regulatory compliance matters, and industry advocacy. Mr. Cooper works with health care professionals, canna-business entrepreneurs, municipalities, caregivers, patients, and others in handling all aspects of the emerging cannabis industry. He has assisted clients in obtaining licenses in numerous states in both competitive and non-competitive licensure processes. Mr. Cooper was the business administrator of the Hofstra Law Review, and did a federal clerkship with the Honorable Thomas J. McAvoy, District Judge, Northern District of New York. He is also an adjunct professor at the Maurice A. Deane School of Law at Hofstra University, where he teaches a class entitled Foundational Lawyering.

Natalie C. Diaz is an associate within the cannabis, hemp, and psychedelics ("CHAP") practice group at Mandelbaum Barrett PC. With a sharp understanding of the intricacies within the CHAP industries, she guides both individuals and businesses through various legal matters including license acquisition, regulatory compliance, commercial real estate, and corporate transactions. Ms. Diaz's dedication lies in providing robust legal representation while ensuring her clients possess a comprehensive understanding of their rights within these sectors. She earned her J.D. degree from Widener University Delaware Law School, supported by scholarships from diverse bar associations. Before embarking on her legal studies, Ms. Diaz was a legal assistant for three years where she accumulated valuable experience in employment law, personal injury cases, and administrative law. She also played a role in advocating for policy reforms benefiting college athletes. Throughout her time in law school, Ms. Diaz undertook internships at the U.S. District Court for the District of New Jersey and the New Jersey Division of Law, where she worked alongside the deputy attorneys general. Her noteworthy contributions include providing legal aid to victims of domestic violence and individuals navigating special needs education law during the challenges posed by the COVID-19 pandemic.

Louis J. Kesselbrenner is an associate with FRB's Taxation and Private Client Groups. He focuses his practice in taxation as it relates to real estate, closely held businessesand trusts and estates. Since joining FRB, Mr. Kesselbrenner has experience assisting clients with tax planning, structuring, and compliance for matters involving advanced tax considerations, such as Section 1031 Exchanges, Qualified Opportunity Zone Program and Freeze Partnerships. He has also worked closely with clients to assist with estate planning matters.This includes preparing wills and trusts to help clients avoid probate and protecting client assets from creditors. He is admitted to practice in New York, New Jersey and Connecticut. Mr. Kesselbrenner earned his B.A.  degree from Washington and Lee University and his J.D. degree from Brooklyn Law School.

Sheri L. Tarr is the Founder and Chief Advisor of '68PARTNERS, a woman-owned and operated business. A former pharmaceutical industry sales and marketing executive responsible for launching products worldwide, she has amassed over three decades of real-world experience operating in an FDA-regulated environment. After her pharmaceutical career, Ms. Tarr flipped the script and became an attorney who spent her career in the courtroom holding pharmaceutical companies accountable for deceptive marketing and defective manufacturing. More inspired by medical innovation than litigation, she founded '68PARTNERS, a strategic consultancy dedicated to helping cannabis brands and license applicants build sustainable businesses that have a transformative impact on consumers, patients, and the economy. A former pharmaceutical executive and mass tort litigator, Ms. Tarr has a deep understanding of the complex business, organizational, and regulatory challenges faced by life sciences and cannabis industry stakeholders. She knows first-hand the tension between profit and risk, and has witnessed the adverse consequences to companies and consumers that result when these priorities are misaligned. Using her business savvy, legal prowess, and regulatory know-how, Ms. Tarr collaborates with clients of '68PARTNERS to develop practical commercialization and compliance strategies that strike a healthy balance between financial goals and foreseeable risk.

Sven Wiberg is the managing attorney of Wiberg Law Office, PLLC, where he practices personal injury law, criminal defense law, marijuana law, and gun law. He is admitted to practice in New Hampshire and Massachusetts; and before the U.S. District Court, District of New Hampshire; U.S. District Court District of Massachusetts; and the U.S. Court of Appeals, First Circuit. Mr. Wiberg earned his B.S. degree from the State University of New York and his J.D. degree from the University of New Hampshire School of Law.

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