Real Property Law

The 2021 Summer Cannabis (Law) Series

The California Lawyers Association is hosting its first Summer Cannabis (Law) Series. The Summer Cannabis (Law) Series is being hosted on the first Thursday of July, August, and September. The program will feature speakers discussing a wide range of cannabis related topics from workplace implications, intellectual property rights, environmental and real property issues, and the licensing and regulatory framework of cannabis in California. This program qualifies for a total of 6.5 hours of continuing legal education credits.

Purchase the 3-day program as a bundle for only $200! Offer expires Sept. 2.

Law student? Email RealProperty@calawyers.org for a discount code!

July 1, 2021

PANEL 1: THE CALIFORNIA CANNABIS RUSH: THE INTERPLAY BETWEEN CANNABIS, ENVIRONMENTAL LAWS AND REGULATIONS

Real Property Law Section; Environmental Law Section

THIS PROGRAM WAS RESCHEDULED TO AUGUST 12, 3 P.M.

REGISTER HERE

Since the Passage of Propositions 215 and 64, there has been a myriad of new laws and regulations passed relating to Cannabis.  But like (and in some case unlike) any other agricultural crop there has been confusion about what is required for those who want to enter the industry in terms of compliance with existing environmental laws and regulations. This panel will discuss some of the state and local permitting schemes and their requirements with a focus on water, CEQA, and land use issues.

PANEL 2: PROTECTING CANNABIS IP IN AN UNCERTAIN LEGAL LANDSCAPE

3 p.m. – 4:15 p.m. | 1.25 Hours MCLE

Real Property Law Section; Intellectual Property Law Section

REGISTER HERE

This panel will discuss the specific intellectual property issues faced by the cannabis industry in the current landscape and discuss the impact of the legality of cannabis on IP rights.  The discussion will include tips and tricks regarding trademark protection for cannabis brands, considering the USPTO’s prohibition against the registration of marks for goods or services that are unlawful under the federal Controlled Substances Act (“CSA”), such as marijuana. They will also discuss the protection of trademarks for hemp-based and hemp-derived CBD goods and services in view of the enactment of the Agriculture Improvement Act of 2018 (“2018 Farm Bill”).  The panelists will also explore strategies for patent protection of cannabis-related goods.  The discussion will be rounded out with a discussion of trade secrets, copyrights, licensing, and the difficulties involved in enforcing cannabis-related intellectual property in federal court.  This practical panel will offer advice and best practices for securing IP rights as the landscape evolves.

August 5, 2021

PANEL 3: PRACTICAL ADVICE FOR REPRESENTING CLIENTS IN THE SALE AND LEASE OF REAL ESTATE FOR CANNABIS USE

1:30 p.m. – 2:45 p.m. | 1.25 Hours MCLE

Real Property Law Section

REGISTER HERE

Whether property is currently being used for cannabis purposes or in intended to be used for such purposes, and whether the property is for sale or lease, the unique nature of the cannabis industry means that lawyers will inevitably be called upon to consult on a plethora of legal issues. Attend this presentation to learn what you know, and more importantly, what you don’t, and how to issue spot and advise your clients effectively. What types of clauses should a landlord or tenant include? What difference does it make if the property is/to be used for retail, wholesale or manufacturing purposes? What type of activity is government regulation directed at? How does the cash nature of the business impact financial statements, tax reporting requirements, payroll, banking, security, business valuation, accounts payable, and, in the case of a purchase, financing? Does cannabis’ federal status impact title insurance, transfer of title or business operations? Is cannabis completely legal in California or limited based on medical use, or something else? May local government exercise any degree of authority over cannabis properties or has the field been preempted by State law? What is the status of tenant improvements or buildouts? What disclosure or other obligations do brokers have when involved in the sale/lease? These are but a few of the issues that will help you decide which specialty cannabis panels to attend on Saturday.

PANEL 4: TRUE COLOR OF MARIJUANA – STIRRING THE RACIAL JUSTICE POT

3:00 p.m. – 4:15 p.m. | 1.25 Hours MCLE; 1.25 Recognition and Elimination of Bias

Real Property Law Section; Criminal Law Section

REGISTER HERE

Marijuana convictions have impacted the ability of the formally convicted and incarcerated, to get jobs, housing, access to credit, loss of voting rights, etc. This seminar will address getting marijuana convictions expunged and release from unfair and long prison/jail sentences in jurisdictions that have not yet changed their laws. Are the African American and Latino communities, after being locked up for marijuana offenses, now being locked out of opportunities that flow from the legalization of marijuana in the areas of owning legal marijuana dispensaries, cultivation, financial investments, and federal prohibition?

September 2, 2021

PANEL 5: HOT TOPICS IN CANNABIS LICENSING AND REGULATORY ACTIVITY-WHAT EVERY CANNABIS LAWYER SHOULD KNOW

1:30 p.m. – 2:45 p.m. | 1.25 Hours MCLE

Real Property Law Section; Public Law Section

REGISTER HERE

Don’t be the test case in this evolving area of law! Learn about current litigation and pending legislation impacting the licensing and regulatory agencies, such as the distinctions between Hemp and Cannabis products, “delivery” across local jurisdictional boundaries, the interaction between state regulations and local ordinances, enhanced civil penalties for unlicensed or under licensed activities, and much more. 

PANEL 6: WORK AND WEED: WHAT LAWYERS NEED TO KNOW ABOUT CANNABIS IN THE WORKPLACE

3 p.m. – 4:15 p.m. | 1.25 Hours MCLE

Real Property Law Section; Labor and Employment Law Section

REGISTER HERE

This panel will explore two primary topics: (1) current laws regulating marijuana, including what exactly California legalized, the current state of federal law and enforcement, the use of medical marijuana and cannabis products in the workplace, and best practices for workplace policies, and (2) employment issues that arise in the cannabis industry. 

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CLA Membership is $99 and includes one section. Additional sections are $99 each.

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