Cannabis and People: Impacts Now in the New World of Marijuana and CBD, and What is Coming

February 21, 2020 | .5 Ethics CLE Credits & 4.0 Other CLE Credits, Total: 4.5 CLE Credits Activity #1130751

Co-sponsored with the Seattle University Law Review, we are excited to take a look at the various impacts of the new and emerging laws surrounding Marijuana and CBD. In addition to discussing investigation and civil enforcement issues, this program will also dive into the high-profile world of sports. Please join us for what promises to be a valuable and fascinating CLE.

Overview

Beginning with an overview of the State of Marijuana Regulation in 2020, noted Professor Sam Kamin, Sturm College of Law, will cover cross-state trafficking, employment, and enforcement issues and changes on the horizon at both the state and federal levels. Professor Ahrens will take a deeper look at investigative questions and reasonable suspicion in the context of the current "hazy legality". Practitioners, Andy Murphy and Dan Oates, will then cover timely civil enforcement issues. With regard to sports, Kelsy Erickson, SafeSport Director from USA Cycling, along with practicing attorneys Nic Mayne and Max Forer, will look at various issues impacting the industry. Lastly, Doug Ende, Chief Disciplinary Counsel at the WSBA, will conclude the program with a look at ethics issues and how the RPCs have been implicated.

Agenda

8:30 a.m. - 9:00 a.m. Registration and Coffee Service

9:00 a.m. - 9:45 a.m. Session 1: The State of Marijuana Regulation in 2020
Presenter: Professor Sam Kamin, Sturm College of Law

Topic: Where we are now, new state legalization (both medical and recreational),  continuing and emerging issues, including employment, enforcement, and cross-state trafficking, and both future state and federal law changes on the horizon.

9:45 a.m. - 10:30 a.m. Session II: Recalibrating Reasonable Suspicion in a World of Hazy Legality
Presenter: Professor Deborah Ahrens, Seattle University School of Law

Topic: In this new world of legality of Marijuana and CBD how in relation to this has the 4th Amendment changed? Previously, the illegality of cannabis products have given police a fairly bright-line rule about when marijuana odors and drug dog alerts gave them sufficient reason for follow-up, but now, a "strong odor" being detected is no longer automatically reasonably a suspicion of illegal activity. Since courts, police and prosecutors have been needing to navigate this new world, what have they been doing? Are there principles that can guide law enforcement and provide predictability for persons selling and using cannabis products?

10:30 a.m. - 10:45 a.m.  BREAK

10:45 a.m. - 12:00 p.m.  Session III: Civil Enforcement Issues
Presenters: Andy Murphy, Miller Nash Graham & Dunn; Dan Oates, Miller Nash Graham & Dunn

Topic: The recreational cannabis industry is heavily regulated with a web of laws that cannabis companies must follow. Many members of the cannabis industry have raised concerns that the Washington State Liquor and Cannabis Board's enforcement of those laws has been heavy-handed and inconsistent. Those concerns, among others, have resulted in recent reform efforts that the presenters will discuss, including the following:

• Legislative reform (SB 5318)
• Administrative reform through rulemaking
• Internal LCB policy changes

12:00 p.m. - 1:00 p.m.    LUNCH (provided)

1:00 p.m. - 2:15 p.m.       Session IV: International Issues and Navigating Evolving CBD Policies and Licensing Issues When Working with Athletes
Presenters: Kelsey Erickson, SafeSport Director from USA Cycling; Nic Mayne and Max Forer, Miller Nash Graham & Dunn

Topic: This three-person panel will discuss CBD and WADA-sanctioned sports from a social sciences perspective along with the various challenges CBD companies face working with athletes, including:

• League/Association CBD Policy Comparison: The World Anti-Doping Agency (WADA), NCAA, NFL, & NHL
• CBD-Related Sanctions: Athletes & Brands (Marketing Rules, FTC, & FDA Claims)
• Current CBD Research in Sport

2:15 p.m. - 2:30 p.m.          BREAK

2:30 p.m. - 3:00 p.m.         Session 5: Ethics Implications
Presenter: Douglas Ende, Chief Disciplinary Counsel, WA State Bar Association

Topic: How Washington's RPCs have been implicated considering emerging legalization.

3:00 p.m.                                Closing and Evaluations

Presenters

Presenters:

Deborah Ahrens is a tenured Associate Professor who teaches and writes about criminal law, criminal procedure, and evidence. Before joining the faculty at Seattle University, Professor Ahrens served as a law clerk for Judge Amalya Kearse of the United States Court of Appeals for the Second Circuit, a legal fellow at the ACLU's Drug Policy Litigation Project, an Assistant Public Defender at the Richland County (South Carolina) Public Defender, and a Visiting Assistant Professor of Law at the University of South Carolina School of Law. She earned an AB in Public Policy from Brown University, a Masters in Public Policy from Harvard University's John F. Kennedy School of Government, and her JD Magna Cum Laude from New York University, where she was the senior articles editor of the Law Review.

Kate Hamming, Symposium Chair for Seattle University Law Review, is a third year law student in her final semester at SU. Originally from southern California, Kate has made the Pacific Northwest her home after graduating from the Foster Business School at the University of Washington in 2014. Following her undergraduate education, she worked in sales and business analytics at Pepsi for three years before applying to law school. During law school, she was a legal intern at DocuSign for a year, a summer associate at InVigor Law Group, and a law clerk at Immix Law. She is currently spending her final semester of law school externing with the Seattle Seahawks legal department in Renton, Washington. Ever since her college internship with the New York Yankees, she has aspired to pursue a legal career in the sports and entertainment industry, so she is beyond thrilled to gain exposure to the legal issues in the world of sports through her time with the Seahawks. Kate is excited to graduate this spring!

Sam Kamin joined the faculty at the Sturm College of Law in 1999 and is currently the Vicente Sederberg Professor of Marijuana Law and Policy. Holding both a J.D. and a Ph.D. from the University of California at Berkeley as well as a BA, summa cum laude, from Amherst College, Professor Kamin's research interests include criminal procedure, death penalty jurisprudence, federal courts, and constitutional remedies. He is a co-author of West Publishing's Investigative Criminal Procedure: A Contemporary Approach and Cases and Materials on the Death Penatly and has published scholarly articles in the Virginia Law Review, the Indiana Law Journal, the Journal of Constitutional Law, and Law and Contemporary Problems among many others. He has also become one of the nation's leading experts on the regulation of marijuana; in 2012 he was appointed to Governor John Hickenlooper's Task Force to Implement Amendment 64 and the ACLU of California's blue ribbon panel to study marijuana legalization.

Nic Mayne is a sports and business attorney with Miller Nash Graham & Dunn whose practice is centered on reviewing and drafting a wide variety of agreements, including sponsorship and endorsement agreements and related name, image and likeness licenses. Nic is certified as an agent by the National Hockey League Players' Association, and has experience representing athletes in hockey, professional golf, football and Olympic sport in playing contract, endorsement, and disciplinary matters, in addition to advising amateur athletes on NCAA regulatory compliance. Nic has also worked on the brand side of various endorsement and licensing deals involving league, association, and union policy compliance issues.

Max Forer focuses his practice on a wide variety of corporate, real estate, and construction matters, including mergers and acquisitions, corporate finance, real estate financing, commercial leasing, commercial landlord-tenant disputes, and corporate governance matters.  Before joining Miller Nash Graham & Dunn, Max worked at a local firm where he advised clients on real estate, corporate, business, and intellectual property matters. Max served as a judicial extern for U.S. District Court Judge John V. Acosta and as a legal extern for Lane County Circuit Court Judge Curtis Conover. While in law school, Max interned at Octagon where he gained experience editing NFL player contracts, waivers, and agreements.

Kelsey Erickson, SafeSport Director USA Cycling joined the USA Cycling family after nearly a decade of work in international anti-doping. As a student and professional at Leeds Beckett University (UK), Erickson led and supported multiple global anti-doping research projects, receiving funding from such organizations as the World Anti-Doping Agency (WADA), the International Olympic Committee (IOC) and the International Athletics Foundation (IAF). Her research focused primarily on developing evidence-based anti-doping education interventions and whistleblowing policies and procedures; a combination that will serve her in her new role at USA Cycling.

Andy Murphy is a versatile litigator at Miller Nash Graham & Dunn whose practice focuses on disputes involving the cannabis industry and other highly regulated industries. Andy is experienced in navigating procedurally complex litigation, as his cases often involve multiple related actions pending in different forums. He has successfully represented cannabis companies in their defense against Administrative Violation Notices, including those seeking license cancellation, both in administrative litigation and in courts. He also assists cannabis companies in traditional commercial litigation disputes, including breaches of contract and partnership disputes.

Dan Oates is a commercial litigation partner with Miller Nash Graham & Dunn who regularly represents cannabis and alcohol licensees in civil matters and in actions brought against them by the Washington State Liquor and Cannabis Board. In the administrative enforcement actions before the Office of Administrative Proceedings, Dan has represented retail and producer/processor cannabis licensees in connection with violations relating to traceability, advertising, pesticides, misrepresentation, and true-parties-in-interest. He also has extensive experience in franchise and distribution disputes in a wide variety of industries, including petroleum, health care, junk removal, restaurant chains, and live action role playing. Dan currently serves as the Editor-in-Chief of the Franchise Law Journal and has published numerous articles in leading industry and practice publications regarding franchising and distribution.

Doug Ende, Chief Disciplinary Counsel, Washington State Bar Association.

Pricing

General Registration, In-person or Live Webcast- $125

Seattle U Law Alumni, In-person or Live Webcast - $110

Seattle University Students and Faculty - no charge