Garvey Schubert Barer invites you to “Moving Forward Under Measure 91” a free public event, Friday, April 10, 2015 at the World Trade Center Portland. The half-day event (8:15 a.m.–1:00 p.m.) will address the business, legal and practical implications of Measure 91 for anyone looking to do business in the marijuana industry.
Representatives from the Oregon Liquor Control Commission, Association of Oregon Counties and League of Oregon Cities, will speak about the important role city and county government plays in shaping and regulating the Oregon marijuana industry. In addition, Garvey Schubert Barer attorneys experienced in representing licensed marijuana growers, processors and retailers in Washington state will discuss general business planning needs unique to the emerging recreational marijuana industry.
Licensed marijuana and marijuana-related businesses in the U.S. face extraordinary legal challenges. Not only are these businesses burdened with challenges inherent in any new industry, but also must deal with complex and evolving state and local regulations, as well as uncertainty resulting from federal law.
Featured speakers and topics include:
- Tom Burns, Director of Marijuana Programs, Oregon Liquor Control Commission, discussing OLCC’s anticipated and developing rules and regulations;
- Sean O’Day, General Counsel, League of Oregon Cities, discussing cities’ perspectives and zoning issues;
- Rob Bovett, Legal Counsel, Association of Oregon Counties, discussing counties’ perspectives and zoning issues;
- William Kabeiseman, Garvey Schubert Barer, Discussing local perspectives and zoning issues;
- Andy Aley, Garvey Schubert Barer, Discussing financing and operating a regulated marijuana business;
- Claire Hawkins, Garvey Schubert Barer, Discussing intellectual property, trademarks and trade secrets;
- Jared Van Kirk, Garvey Schubert Barer, Discussing labor and employment practices;
- Hal Snow, Garvey Schubert Barer, Discussing asset protection planning.
Garvey Schubert Barer’s Cannabis Industry Group is part of its Regulated Industries Practice which serves businesses across a broad range of industries, including alcohol, radio and television broadcasting, government contracting, healthcare, and maritime. The Cannabis Industry Group is comprised of attorneys experienced in finance, tax, real estate, intellectual property, employment, commercial litigation and criminal defense. This breadth of legal experience provides state-licensed marijuana businesses, and businesses serving the licensed marijuana industry, full-service representation.
The event is open to the public but space is limited.
Warning Regarding Federal Law: The possession, distribution, and manufacturing of marijuana is illegal under federal law, regardless of state law which may, in some jurisdictions, decriminalize such activity under certain circumstances. Penalties for violating federal drug laws are very serious. For example, a conviction on a charge of conspiracy to sell drugs carries a mandatory minimum prison term of five years for a first offense and, depending on the quantity of marijuana involved, the fine for such a conviction could be as high as $10 million. In addition, the federal government may seize, and seek the civil forfeiture of, the real or personal property used to facilitate the sale of marijuana as well as the money or other proceeds from the sale. Although the U.S. Department of Justice (DOJ) recently rescinded its guidance regarding prioritization of criminal prosecutions of individuals and entities operating in compliance with effective state regulatory systems, DOJ left in place long standing guidance to federal prosecutors regarding how to exercise this discretion. Individuals and companies are cautioned to consult with experienced attorneys regarding their exposure to potential criminal prosecution before establishing business operations in reliance upon the passage of state laws which may decriminalize such activity. Federal authority to prosecute violations of federal law as crimes or through seizures and forfeiture actions is not diminished by state law. Indeed, due to the federal government’s jurisdiction over interstate commerce, when businesses provide services to marijuana producers, processors or distributors located in multiple states, they potentially face a higher level of scrutiny from federal authorities than do their customers with local operations.
Foster Garvey’s Cannabis practice group comprises a premier legal counsel team who provides a full range of legal services such as regulatory compliance, marijuana licensing, business finance, contracts, labor and employment, health care, real estate, intellectual property, litigation and dispute resolution, technology and tax. Our team possesses deep and diverse industry experience and has counseled clients across virtually all industry sectors. We understand the inherent challenges that licensed marijuana and ancillary businesses in Washington state, Oregon and Alaska are burdened with in this highly regulated industry as they deal with onerous state and local regulations as well as uncertainty resulting from federal law.
We are committed to helping our clients achieve their business goals while navigating the intricacies in this rapidly changing area of law. We prize innovation and entrepreneurship, and closely monitoring industry trends.