Oregon Marijuana Law: A Legal Primer for Attorneys and Businesses
On Demand

Oregon Marijuana Law: A Legal Primer for Attorneys and Businesses


Credits: 1 Ethics, 5.75 General

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Categories:
Ethics |  Business Law |  Government Law |  Real Estate |  Tax Law
Faculty :
Amy T. Margolis  |  Andrew M. Schpak  |  Ann M. Lininger  |  Anne W. Glazer  |  Dave Kopilak  |  David J. Elkanich  |  Dayna E. Underhill  |  Dean Guske  |  H. Thomas Andersen  |  Jacob A. Zahniser  |  Katherine Heekin  |  Michael C. Robinson  |   2 more....
Duration:
6 Hours 45 Minutes
Format:
Audio and Video
Original Program Date :
May 08, 2015
OSB Course ID:
OnDemand: 90*1840
License:
Access for 60 day(s) after purchase.


Description

Friday, May 8, 2015
Ambridge Event Center
1333 NE MLK Jr. Blvd., Portland
5.75 General and 1 Ethics MCLE Credits
 

Oregon Marijuana Law:
A Legal Primer for Attorneys and Businesses

In November 2014, voters passed Measure 91, adding Oregon to the small list of states allowing the personal use and possession of recreational marijuana for adults in the face of federal legal restrictions. With legalized possession just around the corner and licensing of retail stores to begin in 2016, whether you are an attorney, consultant, retailer, or government official, this seminar will provide the practical advice you need to know.

Attendees will hear directly from leading practitioners and officials on the impact Measure 91 will have on businesses in Oregon, how they can prepare for the new legalized marijuana industry, and problems that still need to be resolved via legislation and regulation.

Topics addressed at this seminar include:

  • The business of marijuana: Essential business and tax considerations facing marijuana cultivators and dispensaries
     
  • Understand the conflict between federal and state governments, and role and concerns of local governments, and the legal implications for marijuana businesses
     
  • Gain insight into the banking and financing difficulties facing marijuana businesses
     
  • Ethics: Keeping your license to practice from going up in smoke
     
  • Updates on the regulatory system that is being developed and implemented by the Oregon Liquor Control Commission (OLCC)
     
  • Location: Everything you need to know about commercial leasing, real estate, land use, and landlord-tenant issues
     
  • Marijuana and the workplace: Practical techniques and policies for handling marijuana use by employees
     
  • Intellectual property: What’s different about marijuana
     

FACULTY
==================
H. THOMAS ANDERSEN
Program Co-Planner
Attorney at Law

ROB BOVETT
Association of Oregon Counties

DAVID J. ELKANICH
Holland & Knight LLP

ANNE W. GLAZER
Stoel Rives LLP

JANET L. GRAYSON
Maylie & Grayson LLP

DEAN GUSKE, CPA
Guske & Company, PLLC

KATHERINE HEEKIN
Program Co-Planner
The Heekin Law Firm

DAVE KOPILAK
Program Co-Planner
Emerge Law Group

ANN M. LININGER
Oregon State Representative
District 38

AMY T. MARGOLIS
Program Co-Planner
Emerge Law Group

RACHEL O’BRYAN
RCO Law Office

MICHAEL C. ROBINSON
Perkins Coie LLP

ANDREW M. SCHPAK
Barran Liebman LLP

DAYNA E. UNDERHILL
Holland & Knight LLP

JACOB A. ZAHNISER
Jordan Ramis PC

Handouts

Faculty

H. Thomas Andersen Related seminars and products: 2

Attorney at Law


H. Thomas Andersen, Attorney at Law and City Councilor, Salem; B.A., with high honors, University of Illinois (1972); J.D., University of Oregon School of Law (1976); member of the Vermont State Bar since 1977 and the Oregon State Bar since 1979; solo workers’ compensation practice emphasizes representing insurers, TPA’s, and self-insured employers; member, Oregon Law Institute Board of Directors; former trial counsel for SAIF Corporation; former partner at Speer, Jones, and Andersen (now Speer Hoyt LLC) and of Counsel, Garrett, Hemann, Robertson; frequent speaker for OLI, SAIF, and WCD; father and father-in-law of Oregon State Bar members.


Katherine Heekin Related seminars and products: 1

Attorney

The Heekin Law Firm


Katherine Heekin, Founder, The Heekin Law Firm, Portland; A.B., Princeton University (1989); J.D., University of Oregon School of Law (1994); member of the Oregon State Bar since 1994 and the Washington State Bar since 1999; general civil litigation practice with an emphasis on fraud-related claims; former clerk to Hon. Ann Aiken; Executive Editor, Oregon Law Review (1993–1994); member, OLI Board of Directors (2009–present); author of several CLE publications and articles regarding E-evidence and litigation technology; selected as a Super Lawyer by her peers (2009 and 2010); ATLA Top 100 Trial Lawyers in Oregon (2010); Certified Fraud Examiner, Association of Certified Fraud Examiners; identified as “the premier financial sleuthing organization” by The Wall Street Journal; former chair, OSB Uniform Civil Jury Instruction Committee; fellow, American Bar Foundation; provides E-discovery and ESI management consulting services to corporations and lawyers; appeared on KOIN news as ESI expert regarding the Kyron Horman case; author and speaker of ESI topics in a variety of publications and venues.


Dave Kopilak Related seminars and products: 1

Attorney

Emerge Law Group


Dave Kopilak, Attorney and Shareholder, Emerge Law Group, Portland; B.A., West Virginia University; J.D., member of the Coif, University of Oregon School of Law (1994); member of the Oregon State Bar since 1994; practice emphasizes business and corporate law with extensive experience assisting clients with business structuring, entity formation, mergers and acquisitions, corporate securities, equity incentive plan, and all types of commercial contracts; primary drafter of Oregon Ballot Measure 91 and has a unique understanding of the corporate law challenges that cannabis businesses face under Oregon law; Executive Committee member, OSB Business Law Section; president and co-founder, ClayTablet, a company that provides legal document templates to Oregon and Washington attorneys; former adjunct professor, University of Oregon School of Law.


Amy T. Margolis Related seminars and products: 1

Attorney

Emerge Law Group


Amy T. Margolis, Attorney and Shareholder, Emerge Law Group, Portland; B.A., University of Washington (1998); J.D., University of Oregon School of Law (2001); member of the Oregon State Bar since 2002; admitted to practice in the U.S. District Court for the District of Oregon; as a practicing criminal defense attorney in both State and Federal court has represented people charged with marijuana related offenses for 13 years; since 2009 practice has expanded to represent clients in all aspects of the cannabis industry, with a particular interest in the potential pitfalls for marijuana-related businesses as we slowly progress to legalization; founder, Oregon Cannabis PAC; founder, Oregon Cannabis Association; member, Oregon House Bill 3460 Rules Advisory Committee; Oregon Super Lawyers “Rising Star” (2011–2015); Oregonian Top Young Attorneys (2011–2014); volunteer with the Law School Democrats, the Classroom Law Project, and the Bus Project.


Rob Bovett Related seminars and products: 1

Attorney

Association of Oregon Counties


Rob Bovett, District Attorney for Lincoln County, Newport; B.A, University of La Verne (1987);  J.D., Lewis & Clark Law School (1990); member of the Oregon State Bar since 1991; previously served 16 years as a lawyer for Lincoln County, with a primary focus on law enforcement, litigation, and legislation related matters; formerly a judicial clerk in state courts and a law clerk at Oregon Legislative Counsel;  serves as legal advisor for the Oregon Narcotics Enforcement Association and is co-founder and President of the Oregon Alliance for Drug Endangered Children; has provided over 400 presentations regarding drug policy, and has appeared on numerous programs, including ABC World News, Good Morning America, National Public Radio, and PBS NewsHour and FRONTLINE.


David J. Elkanich Related seminars and products: 5

Attorney

Holland & Knight LLP


David J. Elkanich, Partner, Holland & Knight LLP, Portland; Adjunct Professor, Lewis & Clark Law School; B.A., magna cum laude, University of Arizona (1996); J.D., University of Oregon School of Law (1999); member of the Oregon State Bar since 1999, Washington State Bar since 2005, and Idaho State Bar since 2009; admitted to practice in the U.S. District Courts, District of Oregon, Western District of Washington, District of Idaho, and the Court of Appeals for the Ninth Circuit; advises lawyers and law firms in a wide range of professional responsibility matters, including ethics advice, bar discipline defense, and litigation assistance with sanctions issues, withdrawal and disqualification motions; regularly counsels lawyers and other professionals how to navigate an “electronic” practice, including the rules of engaging in online activity, mining metadata, and in utilizing social media; past chair and current member, Oregon Legal Ethics Committee; Chair, RPC 8.4 (Anti-Bias) Drafting Committee; former member, Washington Rules of Professional Conduct Committee; former member, OSB Unlawful Practice of Law Task Force; former member, Washington Rules of Professional Conduct Committee; former member, OSB Unlawful Practice of Law Task Force; former member OSB Uniform (Civil) Jury Instructions Committee; member, Association of Professional Responsibility Lawyers; member, ABA Center for Professional Responsibilities.


Anne W. Glazer Related seminars and products: 1

Attorney

Stoel Rives LLP


Anne W. Glazer, Partner, Stoel Rives LLP, Portland; B.A., University of Washington, Henry M. Jackson School of International Studies (1989); J.D., with honors, University of Washington School of Law (1992); member of the Oregon State Bar since 1996, and the Washington State Bar since 1992; admitted to practice in the U.S. District Courts, District of Oregon and Western District of Washington, and the U.S. Court of Appeals for the Ninth Circuit. provides business intellectual property services in the food and hospitality industries; counsels companies on trademark and copyright laws, licensing, internet and website, consumer information privacy and security, advertising, and food labeling and packaging, including FDA compliance review; listed in Best Lawyers in America and Oregon Super Lawyers; Chair, Intellectual Property Section, Oregon State Bar Association (2006); member, Legal Practice Resources (f.k.a. Publications) Committee, International Trademark Association (2010-present).


Dean Guske Related seminars and products: 1

CPA

Guske & Company, PLLC


Dean Guske, CPA, Guske & Company, PLLC, Bellevue, WA; B.A., University of Washington; M.S., Taxation, Golden Gate University; over 26 years of experience in the areas of taxation, accounting and business consulting; experience in all facets of real estate and businesses related to real estate, with clients from development and construction to brokerage and rental; majority of clients are entrepreneurial business owners, with nearly 100 clients in the cannabis industry.


Ann M. Lininger Related seminars and products: 1

Legislator

Oregon State Representative, HD 38


Ann M. Lininger, Oregon State Representative, House District 38, Salem; B.A., Yale University (1990); J.D., New York University School of Law (1995); former member of the New York State Bar and the Colorado State Bar; served as judicial law clerk at the U. S. District Court, Middle District of Tennessee, and the U.S. Court of Appeals for the Tenth Circuit; former general counsel to a manufacturing business; practiced law at private and nonprofit law firms, assisting entities with real estate transactions, environmental compliance, employment issues, entity formation, contracts, and mergers; represents Lake Oswego and Southwest Portland in the Oregon House of Representatives; co-chair of the Joint Committee to Implement Measure 91, the bicameral committee to oversee implementation of legal marijuana in Oregon.


Rachel C. O'Bryan Related seminars and products: 1

Attorney

RCO Law Office


Rachel C. O’Bryan, RCO Law Office, Denver; B.A., Brown University (1989); J.D., University of Michigan Law School  (1994); member of the New York State Bar since 1995, the California State Bar since 1997, the District of Columbia State Bar since 1998, and the Colorado State Bar since 2000; former member of the law firm White & Case (New York and Los Angeles offices); practice focuses on marijuana law and policy, working on states contemplating marijuana legalization and with private organizations seeking to understand the many complex issues raised by legalization; selected to serve on the Colorado Criminal Law Issues Working Group of the Amendment 64 Task Force; member of several working groups recommending rules related to the Colorado Retail Marijuana Code, including Record-keeping, Enforcement and Discipline, Production Caps, and Retail Marijuana Product Potency and Serving Size; advisor, Colorado Department of Regulatory affairs on revisions to the Colorado Medical Marijuana Code; co-founder, Smart Colorado, a non-profit organization dedicated to protecting youth from the consequences of legalized marijuana; volunteer with the Denver Scholarship Foundation, assisting disadvantaged public high school students.


Michael C. Robinson Related seminars and products: 1

Attorney

Perkins Coie LLP


Michael C. Robinson, Partner, Perkins Coie LLP, Portland; B.A., University of Oklahoma (1977); M.R.C.P., Regional and City Planning, University of Oklahoma (1979); J.D., cum laude, Lewis & Clark Law School (1988); member of the Oregon State Bar since 1991; practice focuses on obtaining land use approvals and highway access permits for commercial, residential and institutional development since 1991; clients include energy providers, home builders, commercial developers, industrial developers, hospitals, and office developers; Best Lawyers’ Portland, Land Use and Zoning Law Lawyer of the Year (2014, 2015); Best Lawyers in America, Land Use & Zoning Law (2006 – Present); Chambers USA, “America’s Leading Real Estate Lawyers" (2006 – 2014); member, American Institute of Certified Planners and American Planning Association.


Andrew M. Schpak Related seminars and products: 1

Attorney

Barran Liebman LLP


Andrew M. Schpak, Partner, Barran Liebman LLP, Portland; B.A., Reed College (2001); J.D., Cornell Law School (2004); member of the Oregon State Bar since 2004, and the Washington State Bar since 2008; admitted to practice in the U.S. District Courts for the District of Oregon, the Eastern District of Washington, the Western District of Washington, and the U.S. Court of Appeals for the Ninth Circuit; represents management in employment litigation and provides advice in employment matters and social media, working with government entities, businesses of all sizes, and non-profit organizations; Chair, American Bar Association Young Lawyers Division; member, Multnomah Bar Association Board of Directors; Oregon State Bar Association Young Lawyer Delegate to the ABA House of Delegates; Chair of the Board, NWEEO Affirmative Action Association; Oregon Super Lawyers “Rising Star” (2009–present); Chair of the Board of the Hollywood Theater.


Dayna E. Underhill Related seminars and products: 3

Attorney

Holland & Knight LLP


Dayna E. Underhill, Partner, Holland & Knight, LLP, Portland; B.A., cum laude, Hartwick College (1988); J.D., Suffolk University Law School (1992); member of the Oregon State Bar since 1992 and the Washington State Bar since 1996; practice focuses on legal professional responsibility and ethics, commercial litigation, and labor and employment law; former adjunct professor, Lewis & Clark Law School (1996–1998); member, Oregon State Bar House of Delegates; member, OLI Board of Directors (2012–present); member, OSB Securities Section and Labor and Employment Section; member, MBA Professionalism Committee; member, Washington State Bar Association Disciplinary Advisory Roundtable (Respondent’s Counsel Representative) (2010–2016); member and secretary, Northwest Academy Board of Trustees.


Jacob A. Zahniser Related seminars and products: 1

Attorney

Jordan Ramis PC


Jacob A. Zahniser, Jordan Ramis PC, Lake Oswego; B.A., University of Maryland (1995); J.D., cum laude, St. John’s University School of Law (2007); member of the Oregon State Bar since 2008, and the Washington State Bar since 2007; admitted to practice in the U.S. District Courts for the District of Oregon and the Western District of Washington; a litigator and trial attorney, practice focuses on construction and real estate litigation, as well as insurance coverage disputes arising from construction defects; has represented a variety of clients from contractors, suppliers, and insurance policy holders and assignees, to commercial property owners, landlords, and homeowners associations; experienced in all forms of construction litigation; Oregon Super Lawyers “Rising Star” (2014); frequent speaker on commercial lease issues and the real estate implications of Measure 91.


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