CANNABIS LAW

Catalog description

Since the passage of Proposition 215 by the voters of California in 1996, the decriminalization of cannabis has been on an undeniably forward path. As of today, 29 states and the District of Columbia have legalized it in some form. This drive towards decriminalization and licensing by state and local governments has created hundreds of thousands of jobs, generated hundreds of millions of dollars in tax revenue, and created attractive investment opportunities for many daring entrepreneurs. Despite the excitement created by this "green rush", cannabis remains unequivocally illegal on the federal level. This deep divide between an activity that is prohibited by the national government, yet condoned and actively encouraged by state and local governments is unprecedent in the legal history of the United States. Such a divide has created unique legal paradoxes that practitioners familiar with cannabis law grapple with on a day-to-day basis. Are contracts for purposes that are federally illegal, but fulfill a state-sanctioned activity, still enforceable in court? Do disability discrimination laws apply to employers if employees use cannabis to alleviate the symptoms of those disabilities? Must cannabis businesses remit taxes to the federal government, despite having a federally illegal purpose? Can a cannabis business avail itself of normal legal protections that other businesses take for granted, such as trademark protections and the security of bankruptcy restructuring? The aim of this course is to give concrete answers to these questions where possible, and train prospective attorneys in this growing area to recognize the pitfalls inherent to cannabis. It is important to remember that cannabis law is not a unified body of law but will instead touch on numerous areas. By the end of this course, you will have the foundation to build upon an area of rapidly evolving law, and give you the tools to shape that law while it is still in its infancy.