Lawyers interested in cannabis litigation will get insight into the practice across several states, an upcoming conference promises.
Attorneys with Harris Bricken, an international corporate law firm headquartered in Seattle, will host a free webinar discussing trends in cannabis litigation. Their hourlong event, which will take place on Oct. 19 beginning at 2 p.m. EST, will also include a question-and-answer session that’s caught the attention of Georgia lawyers like Brent Walker of the Walker Firm in Sandy Springs, who tweeted that the industry is “complex and evolving.”
Brent Walker of the Walker Firm, Atlanta. (Courtesy photo)“The tensions between state legalization and federal prohibitions are touching nearly every area of the law, from real estate to transactional and administrative law to personal injury issues,” Walker said. “There also isn’t any extensive body of case law related to it because of the newness of the industry. That presents lawyers of every stripe and in most practice areas the opportunity to think very creatively when it comes to advising clients and dealing with litigation. It’s a type of undiscovered country that is very appealing to us as lawyers.”
Calling cannabis law “catnip for lawyers,” Walker said he looked forward to hearing what questions and areas of concern other practicing attorneys have regarding cannabis litigation.
“I’m hoping to learn more about how courts in other jurisdictions are approaching issues that arise relative to the cannabis industry,” Walker said. “There’s not much litigation related to the industry in Georgia and not much precedent related to it, either. However, even though rulings from other jurisdictions aren’t binding on Georgia courts, the opinions and precedents can be persuasive for judges in Georgia when litigation relative to the cannabis industry does eventually happen here.”
Nathan Deal Judicial Center, home of the Georgia Supreme Court and state Court of Appeals. (Photo: John Disney/ALM)In July, the Supreme Court of Georgia denied a motion by the State Bar of Georgia to amend Rule 1.2 of the Georgia Rules of Professional Conduct that would allow Georgia attorneys to advise on business opportunities involving low-tetrahydrocannabinol, or THC oil.
“The court understands the desire of some Georgia lawyers to assist Georgia’s fledgling cannabis industry,” the high court decision read. “But this court has long prohibited Georgia lawyers from counseling and assisting clients in the commission of criminal acts. The passage of a Georgia statute purporting to permit and regulate conduct that constitutes federal crimes does not change that long-standing principle. The motion is denied.”
California, New York, Washington
The upcoming Harris Bricken cannabis litigation webinar will give Georgia attorneys, as well as lawyers nationwide, an opportunity to ask litigation questions of others who’ve seen more movement in the cannabis industry.
Dialing in from the international firm’s Los Angeles, New York City, Portland and Seattle offices, attorneys Jihee Ahn, Simon Malinowski, John McDonald and Jesse Mondry will offer insight during the webinar.
In April, Harris Bricken’s lead New York cannabis attorney, Simon Malinowski, hosted a similar educational webinar discussing the Empire State’s budding cannabis industry and its Marijuana Regulation and Taxation Act. Malinowski instructed attorneys logged in to the webinar on available license types, the license application process and New York’s social and economic equity plan.
“Really think about and identify what license type is appealing, because it’s really the starting place for everything else,” Malinowski said during the webinar in April. “A huge component of this legislation, from a practical perspective, is real estate. One of the requirements throughout the license type is demonstrating—-and this is different for social inequity applicants and nonsocial inequity applicants—but demonstrating that you either have ownership or some sort of contract via lease or management agreement in place for the physical location which you intend to operate for the duration of your license and the initial licenses are for two years.”
‘A Huge Interest’
While moderating the New York webinar, Los Angeles-based Harris Bricken cannabis practice chair and partner Hilary Bricken noted ever-growing legal interest in the cannabis industry.
“This is the biggest webinar this law firm has ever done after being in this practice area for over a decade now. Over a thousand of you registered for this webinar,” Bricken said. “Clearly, there is huge interest in the Marijuana Regulation and Taxation Act and the potential that New York has really to become maybe the largest, most innovative cannabis market in the United States, potentially the world as we move on with maybe federal legalization going into the 2022 midterms.”
Attorneys interested in attending the Oct. 19 cannabis legislation webinar scheduled to begin at 2 p.m. must register in advance. Event organizers also encourage registrants to submit any questions they’d like answered upon registering. The webinar will take place Tuesday, Oct. 19, beginning at 2 p.m. EST.
Read More:
Cannabis and the Legal Industry: New Rules, New Risks, New Opportunities
