Course Description
Marijuana remains a prohibited Schedule I narcotic under the Federal Controlled Substances Act, notwithstanding widespread legality at the state level and removal of industrial hemp from the CSA. The dichotomy of Federal prohibition and concurrent state legalization has continued to create headwinds for the industry on multiple fronts. This program will discuss these challenges, with particular emphasis on employment, environmental, and regulatory issues, and will also discuss litigation and risk minimization.
Syllabus
- Employment: Conflict between federal and state employment laws regarding cannabis and “best practices” for employers to address cannabis issues in the workplace, including sensible drug testing practices
- Environmental: Broad based discussion of cannabis-related environmental concerns, including water rights, liability for cleanup under CERCLA, energy and sustainability, odor and air violations, and state regulatory compliance
- Litigation risks: Emerging risks to the cannabis industry, including product liability claims, Civil RICO and nuisance, intellectual property claims, and class actions
- Hemp Regulatory: Issues facing the “legal” hemp industry, including FDA rules on CBD use in food products and supplements, crop and product testing requirements, regulated labs, and state hemp regimes