The Compliance & Regulations Certificate Program will familiarize you with the laws and regulations that govern the legal cannabis industry in the United States.

The program was developed alongside leading cannabis lawyers and specialists to help you understand which laws apply to cannabis businesses, so you will be able to ensure your organization stays 100% compliant, even as the laws that regulate the industry evolve. You will learn valuable skills that will enable you to keep your organization, your team, and yourself out of trouble as your business matures.

1. 01. Historical Perspectives

   7 Lessons

   With the majority of Americans now living in states with medical marijuana laws, several issues related to cannabis use merit further investigation. In this course, you will explore the historical events, legislative timeline, and professional dilemmas of cannabis as a medicine. Next, you will explore the regulatory schemes of cannabis in the United States, including major milestones. After completing this course, you will be able to:

   • Identify the historical perspectives of cannabis including its entry into U.S. Pharmacopeia
   • Explore a brief timeline of cannabis regulation and compliance schemes in the second half of the 20th century
   • Examine the balance of federal powers and the issue of states rights changing the legal landscape of medical marijuana
   • Discuss the legal advent of medicinal and adult use cannabis across mainstream society

   Lessons included in this course:

   • Intro to Historical Perspectives

     3m
     In this segment, you will discover the importance of learning about cannabis law history. High-level topics that we will cover in this course include: cannabis and the pre-20th century; the 1930s and the early prohibition of marijuana; the war on drugs era; the advent of medicinal cannabis and adult use cannabis; as well as the exciting industry of industrial hemp.
   • Pre-20th Century

     2m
     In this segment, you will learn about the reports of marijuana being used for medicinal purposes in China and India that date back to circa 2700 BC. Next, you will learn about cannabis and its entry into U.S. Pharmacopeia up until the mid-1950s.
   • The 1930s and Early Prohibition of Cannabis

     5m
     In this segment, you will learn that marijuana was not classed as a major drug under the Pharmacopeia until the mid-1950s. Next, you will also cover the Marihuana Tax Act of 1937, and the LaGuardia Commission Report on Crime that concluded cannabis poses little to no danger for social use.
   • War on Drugs Era (1969-1980s)

     10m
     In this segment, you will learn that the Marihuana Tax Act of 1937 was found unconstitutional, and that the CSA effectively replaced the Marihuana Tax Act and classified more substances as illicit. This era included Nixon officially declaring the War on Drugs, and the National Commission on Marihuana and Drug Abuse concluding that with most users, the actual and potential harm of use is not enough to justify intrusion by criminal law. Finally, Jimmy Carter’s 1976 presidential platform that included the decriminalization of cannabis is discussed.
   • The Advent Of Medicinal Cannabis (1990s)

     10m
     In this segment, you will learn how California's Proposition 215 ballot initiative provides the right to obtain and use medicinal cannabis for the treatment of many illnesses for which marijuana provides relief. Next, you will explore California Senate Bill 420 and how it required the state's department of health to establish a medical marijuana program. Finally, you will learn about the continued movement to enact more medical cannabis programs throughout the country.
   • Adult Use Cannabis (2012-Present)

     12m
     In this segment, you will learn about the vote to effectively legalize recreational sale, distribution, processing, and use for people 21 or older. The video goes over industry issues such as banking and how cannabis businesses must operate cash-only. It also cover taxes and that cannabis businesses are barred from most business deductions because cannabis is still a schedule I substance. Finally, federal initiatives such as the Marijuana Justice Act and the States Act are discussed.
   • Industrial Hemp

     19m
     In this segment, you will learn that hemp is a variety of the cannabis plant that contains low amounts of THC, and it does NOT have any psychoactive effect. You will also cover the many uses of hemp, as well as the Agricultural Act of 2014 that effectively allows states to enact their own hemp policies. Finally, the 2018 Hemp Farming Bill is discussed.
2. 02. Professional Responsibility

   5 Lessons

   As laws continue to change and allow for the sale of some form of cannabis, the legal landscape has been confronted with a conundrum in the form of the rules of professional conduct. In this course, you will explore the legalization timeline and professional dilemmas of adult use cannabis in the United States. Next, you will learn about the complexity and practical applications of cannabis legalization at the state level and decriminalization at the federal level, as well as, the patchwork of policy regulations related to cannabis business operations. After completing this course, you will be able to:

   • Discuss cannabis law basics and the legalization timeline of cannabis
   • Examine the existing framework for state and local regulations of cannabis businesses
   • Identify the rules of professional conduct related to the representation of clients in the cannabis industry
   • Explore constitutional provisions and specific standards regarding adult use cannabis

   Lessons included in this course:

   • Intro to Professional Responsibility

     2m
     This segment asks the question, How can lawyers advise clients regarding activities that are federally illegal? You will learn about the standards for professionals, how to competently represent businesses, as well as how to adhere to high standards of ethical conduct.
   • Marijuana Law Basics

     3m
     In this segment, you will explore cannabis law basics, and the state-level laws for use of cannabis for medicinal purposes and recreational use. Also covered is how the Controlled Substances Act treats marijuana as a Schedule 1 controlled substance, and that without congressional action, marijuana will remain a Schedule I controlled substance for the foreseeable future.
   • Legalization Timeline

     14m
     In this segment, you will learn about the legalization timeline beginning with California voters passing Prop 215, as well as learning about the Ogden Memo, the Cole Memo, and the Rohrabacher-Farr Amendment.
   • Rules of Professional Conduct

     28m
     In this segment, you will learn about the rules of conduct, and assisting a client in conduct that the lawyer reasonably believes is permitted by federal law and policy. Next, you will cover related statutes and regulations regarding cannabis law.
   • Fees

     8m
     In this segment, you will explore the reasonableness of fees, as well as how to determine a reasonable fee structure and the types of fees between attorney and client. Next, you'll learn about the pitfalls of additional fees and how to carefully define conduct that may violate criminal, administrative, or disciplinary rules or statutes.
3. 03. Securing State Licenses & Local Permits

   7 Lessons

   The cannabis industry is heavily regulated, and licensing for cannabis businesses is particularly complicated. In order to operate legally, it is essential that you meet all necessary business license, permit, and registration requirements. In this course, you will learn the basics of securing state licenses and local permits before planning to start up a cannabis business, as well as, the specific licensing and permitting schemes behind choosing the best entity for your cannabis operation. After completing this course, you will be able to:

   • Discuss cannabis law basics and the types of licensing for cannabis businesses
   • Examine the existing framework for choosing the best entity for your cannabis business
   • Explore specific cannabis compliance standards regarding the legal representation of clients and adult use cannabis
   • Identify licensing permitting schemes that affect cannabis businesses

   Lessons included in this course:

   • Intro to Securing State Licenses and Local Permits

     2m
     An introduction to securing state licenses and local permits.
   • Types of Businesses You Are Licensing

     13m
     In this segment, you will learn about the different types of cannabis businesses you are licensing and how the licensing is relevant to medical marijuana, recreational marijuana, or both.
   • Choice of Entity

     9m
     In this segment, you will learn about different business entity choices to pursue for your cannabis operation, such as building a corporation, a limited liability company, or another type of business entity.
   • Putting Together Your Dream Team

     14m
     In this segment, you will learn about putting together your dream team and how to get big picture players who get things done, such as hiring renaissance attorneys and people to oversee operations and management, design and development, and the accounting department.
   • Licensing Scheme Roadmap

     11m
     In this segment, you will learn about the licensing scheme roadmap while also covering dual licensing vs state licensing schemes, and merit-based applications vs check-the-box applications.
   • State Licensing

     37m
     In this segment, you will learn about state licensing and the importance of reading the regulations, identifying regulatory agencies, and getting to know your state regulatory agents. Next, the different types of licenses are covered, as well as ownership requirements, investor requirements, and employee requirements. Finally, keeping yourself updated on state law and compliance measures is discussed.
   • Local Licensing and Permitting

     42m
     In this segment, you will explore local licensing and permitting schemes. You will also learn about how to keep yourself informed while reading about code and the regulations relevant to your type of business.
4. 04. Selecting & Contracting With Vendors In Cannabis

   8 Lessons

   This course is designed to have you think critically about selecting and contracting vendors within the cannabis industry. In this course, you will learn about selecting a vendor, good contracting practices, and the pitfalls of vendor contracts. Next, we will discuss special considerations for using key terms in vendor contracts, as well as, the liabilities of contracting that exist between vendor and client. After completing this course, you will be able to:

   • Identify key points on how to select a vendor and their relationship with the client
   • Explore good contracting practices for mitigating risk of loss within your cannabis business transaction
   • Examine the pitfalls and the signs to look for in establishing a successful vendor relationship
   • Discover the balance between over-burdensome contracting and liability concerns

   Lessons included in this course:

   • Intro to Selecting and Contracting with Vendors

     2m
     An introduction to the course on selecting and contracting with vendors.
   • What is a Vendor?

     1m
     The course discusses vendor agreements, and what attorneys need to identify to protect their clients to ensure their businesses are successful.
   • How to Select a Vendor

     6m
     The course discusses how to select a vendor, and the relationship with the client.
   • What is a Vendor Contract?

     10m
     This course discusses a vendor contract, which is an agreement with anybody who is providing a service or a good.
   • Key Terms in a Vendor Contract

     16m
     This course discusses vendor contracts and how dollars exchange hands.
   • Pitfalls with Vendor Contracts

     9m
     This course discusses the importance of balancing contract terms between being overburdensome and having liability concerns.
   • Wrap Up

     6m
     This video provides a summary of vendor contracts and client relationship agreements.
   • An Industry Roundtable with Stevee Stubblefield and Mathew Auric

     18m
     This video examines the ins and outs of running a compliant cannabis business through the lens of two experts in the field.
5. 05. Banking, Tax, & Accounting

   4 Lessons

   Cannabis companies require complex, accurate accounting in order to remain compliant and audit ready. In this course, you will learn foundational knowledge about the banking basics you should know before you plan to start up a cannabis business. Next, you will understand how to access banks and pay taxes as a cannabis operator, as well as, how business functioning within state legality can face severe banking restrictions due to federal regulations. After completing this course, you will be able to:

   • Discuss types of cash management solutions for the cannabis market
   • Examine the existing framework for choosing the best business entity for your cannabis operation
   • Explore specific standards regarding the profitability and manageable risk of operating a cannabis business
   • Identify income tax schemes that affect the cannabis industry at the local, state, and federal level

   Lessons included in this course:

   • Banking

     4m
     This course discusses legalized marijuana, how a company operates, and the terms associated with the business and the cash management of that business.
   • Tax

     15m
     The course focuses on the tax planning needed to set up cannabis businesses for success. The most important thing to consider is entity structure, whether it be LLC, S-Corp, etc. Simplicity is key to keeping smaller businesses running smoothly. The course also discusses the importance of understanding state sales tax, state by state.
   • Real-Time Problems

     27m
     This course discusses how taxes are imposed on marijuana-related businesses at the state, local, and federal levels.
   • Roundtable with Jenna Greenfield and Steve Schain

     17m
     This video is a discussion between two industry experts that highlights a pathway of getting started in the industry in real time. They talk about company structure, being acquired, managing expectations, bringing in different cultures, changing evaluations, testing the traditional system, and the hemp industry.
6. 06. Corporate Structure & Legal Protection For Cannabis Businesses

   6 Lessons

   An essential part of establishing your cannabis business is setting up a corporate structure. In this course, you will explore the legal hurdles of establishing a corporate structure for a cannabis business. You will learn about different types of entities that offer different benefits and costs, as well as, picking the right legal structure for your cannabis company to minimize tax liability and protect your assets. After completing this course, you will be able to:

   • Discuss the most common types of business entities in the cannabis industry
   • Understand the 2018 Farm Bill, the Ogden Memo, and the Cole Memo
   • Identify the need for protection from personal liability and claims brought against the business
   • Explore constitutional provisions on picking the right legal structure for your cannabis company
   • Examine the use of multiple business entities and the deductions available for real estate ownership in the cannabis industry

   Lessons included in this course:

   • Introduction to Corporate Structure and Legal Protection

     3m
     This video is an introduction to corporate structure and legal protection.
   • Need for Protection

     3m
     This video discusses how new businesses and startups should be set up to free owners from personal liability. This pertains to expenses related to the business and claims brought against the business.
   • Risks

     3m
     This video explains that there is no corporate shield that protects cannabis businesses from criminal prosecution because marijuana is not legal under federal law.
   • CBD “9th Circuit”

     6m
     This video discusses the final rule regarding marijuana and lawmakers' attempts to classify CBD as a Schedule 1 drug. The definition proposed by lawmakers fails to protect the portions of the plant exempt from the definition of marijuana, which includes the stem, the stalk, fiber, and non-viable seeds.
   • Current Political Climate

     4m
     The video discusses how there is higher risk tolerance required for those operating in the cannabis industry. It also discusses that due to these potential risks, it is important to have a properly organized and maintained business entity.
   • Use of Multiple Entities

     20m
     This videos discusses the various types of business entities, their benefits and costs, and the importance of selecting the one that is best for you and your business plan.
7. 07. Insurance Options In Cannabis

   9 Lessons

   In this course, you will be weeding through the unique insurance needs of the cannabis industry and the rapidly evolving regulations that have largely discouraged insurers from participating in the cannabis market. Next, insurance policy language specifically tailored to the cannabis industry is covered, as well as, the many legal uncertainties, unique hazards, and emerging risks involved in cannabis related activities. After completing this course, you will be able to:

   • Discuss basic terms and definitions for the types of insurance coverage schemes in the cannabis business
   • Examine product liability insurance and the existing framework for choosing the best coverage for your cannabis operation
   • Explore insurance compliance standards and the challenges ranging from legality issues to coverage deficiencies
   • Identify safety protocols and insurance policy language to protect your business

   Lessons included in this course:

   • Intro to Insurance

     7m
     An introduction to insurance in the cannabis industry.
   • Definitions Part 1

     11m
     This video provides a great starting point for those who are new to the cannabis industry and insurance polices. This lesson provides definitions and detailed explanations of common insurance terms such as Claims Made Policies and Occurrence Made Policies.
   • Definitions Part 2

     17m
     This video continues to provide definitions and explanations for the cannabis industry and insurance policies. Just a few of the terms that are discussed are General Liability, Products Completed Operations, Personal Advertisement Injury, Named Insured, and Additional Insured.
   • Product Liability Insurance Part 1

     14m
     What is Product Liability Insurance? This video dives into this form of insurance and discusses its legal definition, what it covers, and how it is relevant to the cannabis industry.
   • Product Liability Insurance Part 2

     12m
     This video continues to discuss Product Liability Insurance and its application within the cannabis industry. It discusses examples of product liability claims, bodily injury claims, and causation defenses.
   • Product Recall vs Withdrawal

     6m
     This video discusses the differences between product recall and product withdrawal. In addition, the experts provide examples and scenarios of both.
   • Intellectual Property

     7m
     How is intellectual property relevant to the cannabis industry? Within this video, experts discuss the difference between intellectual property and product liability. They also review licensing agreements, trademarks, patents, and more.
   • Consumer Protection

     8m
     This video discusses several organizations and regulations that were created to ensure the safety of cannabis consumers. Our experts highlight several organizations including the Consumer Safety Protection Commission (CSPC) and the Food and Drug Administration (FDA) and their roles regarding cannabis products.
   • Wrap Up

     5m
     In conclusion, the final lesson reviews key terms and concepts that were presented throughout the course. The experts also highlight important insurance issues that businesses should be aware of when interacting with cannabis products.
8. 08. Employment Issues In Cannabis

   9 Lessons

   More states are passing legislation permitting medical and / or recreational marijuana use, which raises the inevitable employment related questions. In this course, you will learn about the scope of employer’s control over employees, the wide and ominous specter of the Controlled Substances Act, as well as, the patchwork of policy regulations and other laws that further complicate this matter. After completing this course, you will be able to:

   • Discuss cannabis law basics and the employers need to accommodate recreational and medicinal cannabis in the workplace
   • Examine the existing framework for state and local regulations for employees and employers
   • Explore constitutional provisions and standards regarding the representation of adult use cannabis
   • Identify privacy laws and other regulations that affect how employers treat their employees

   Lessons included in this course:

   • Intro to Employment-Related Issues

     2m
     This video provides an introduction to employment-related issues.
   • Scope of Employer's Control Over Employees

     4m
     This lesson highlights the legal case of Coats vs. DISH Network and discusses the legal grey area of cannabis and the workplace. This court case established that an employer can legally prohibit their employee from using recreational or medical cannabis, even in states where consumption is legal.
   • Common Problems

     7m
     There are a number of problems that have to be addressed when discussing cannabis and the workplace. This video discusses several areas of concern, including testing, employer expense, equal protection, state legislation, employee protected states, and the Health Insurance Portability and Accountability Act (HIPPA).
   • Unfair Treatment

     4m
     This lesson highlights the unfair treatment that many recreational and medical cannabis users often face in the workplace. In addition, the video discusses the often hypocritical ways that employers approach alcohol and cannabis use outside of work hours.
   • Presence vs Impairment

     2m
     This video discusses the primary difference between presence and impairment caused by cannabis. In addition, the expert provides a real-world example of how cannabis can be present in a user's system, while not actively causing psychoactive effects.
   • Relevant Questions

     4m
     This lesson addresses relevant questions that employers and employees may have regarding cannabis and the workplace. The expert answers several questions, including: Why don’t more states adopt a “Presence vs. Impairment” Standard?
   • CBD

     2m
     Are employees free to use CBD products? This video discusses legal issues that arise when it comes to CBD and other non-psychoactive cannabinoids. Under federal law, CBD is not permitted in the workplace, however this is contradicted by legislation.
   • Relation to Other Employment Issues

     3m
     This video discusses several employment issues that may arise due to cannabis use. The expert discusses topics such as workers compensation, real world court cases, state legislation, and much more.
   • Reasons for Workplace Prohibitions

     4m
     This lesson highlights several reasons why employers might prohibit cannabis use, even outside of work hours. Just a few of these reasons include employer liability, breach of contract, property damage, and dangerous product design.
9. 09. Advertising, Labeling & Packaging Requirements & Restrictions

   8 Lessons

   The patchwork of inconsistent advertisement, packaging and labeling rules across legal cannabis states has been the subject of much debate and frustration among industry and consumers alike. This course chronicles the regulation of advertisement, packaging and labeling requirements, including its role in the emergence of cannabis into mainstream medicine. You will learn about the complexity and practical implications of cannabis advertisement schemes, as well as, product labeling and medical disclaimers as it pertains to food products, cosmetics, and dietary supplements. After completing this course, you will be able to:

   • Examine cannabis packaging and labeling regulation schemes that protect consumer health and safety
   • Discuss FDA packaging and labeling regulations within the cannabis industry
   • Identify uniformity standards for cannabis advertisement, packaging, and labeling
   • Explore regulations for the labeling of product disclaimers with shared characteristics

   Lessons included in this course:

   • Child-Resistant Packaging Requirements

     3m
     This video discusses policies behind packaging and cannabis products. In addition, this video highlights real world examples of child resistant packaging and discusses how cannabis products can remain compliant.
   • Outdoor and Public Advertising Requirements

     3m
     This video discusses outdoor and public advertising requirements that cannabis businesses face in different states. These regulations often influence the placement, size, and type of advertisement that can be shown in public.
   • Prohibitions on Free Products

     3m
     This video discusses state laws regarding prohibitions on free products, promotions, and giveaways. In addition, this video highlights real world examples of states that have regulations regarding coupons or free cannabis products.
   • The Potency Labeling Requirements

     4m
     This video discusses how cannabis businesses and manufacturers are required to label their products with the applicable potency. This allows regulators, legislators, and consumers to have a better understanding of the products' effect.
   • Marijuana Graphics Requirements

     2m
     This video discusses Marijuana Graphics Requirements and how they differ between states. Many states have strict rules for cannabis-related imagery on advertising and branding material.
   • FDA Guidance for Labeling Regulations

     15m
     This video provides a comprehensive overview of FDA labeling regulations regarding dietary supplements, cosmetics, and other hemp-derived products. In addition, this video discusses the responsibilities of the FDA and other federal organizations.
   • FDA Regulations with Hemp Cosmetics and Hemp Supplements

     11m
     This video provides an overview of FDA regulations and their relationship to hemp-derived cosmetics and supplements. In addition, this video details the different required components and information, such as display panels, product name, net weight, and ingredient list.
   • Regulations Regarding Organics

     6m
     Can cannabis products be labeled as “organic” under FDA regulations? This video discusses how businesses can certify their cannabis and hemp-derived products. In addition, it discusses the different federal organizations that are responsible for organic classifications.
10. 10. Real Estate Transactions & Strategy

    7 Lessons

    This course chronicles the legal issues that you may encounter in real estate as cannabis becomes legal for both medical and recreational use in many U.S. jurisdictions. You will review key legislation issues in property management, as well as, the potential implications of changing laws related to real estate within the cannabis industry. After completing this course, you will be able to:

    • Examine the negotiation of real estate contracts in the cannabis context
    • Discuss zoning and licensing regulations that influence the cannabis industry
    • Identify state statutes and legal requirements for cannabis throughout the real estate industry
    • Explore legal controversies between federal law and its intersection within the real estate market

    Lessons included in this course:

    • Intro to Real Estate Transactions

      4m
      In this video segment, Adam Foster Esq. of Foster & Jones gives an introduction to real estate transactions. Negotiating real estate contracts in the cannabis context involves a series of tradeoffs between buyer and seller or landlord and tenant. Typically both parties want to maximize their own sense of security and certainty while preserving the flexibility to deal with changes in law and market conditions. Overall there is a lack of agreement on standard or “market” terms for cannabis real estate agreements, and lawyers often claim that whatever term they last saw that benefits their client is market within the industry.
    • Due Diligence and Licensure

      4m
      In this video segment, Adam Foster Esq. covers due diligence and licensure in the world of cannabis. When looking at doing your due diligence, it is vital to look at zoning and licensing. Zoning defines what activities or uses are permitted in certain defined areas, while licensing can involve questions regarding good moral character, distance restrictions, and caps on the number of licenses. It is also typical to have additional inspections (generally conducted by local authorities) that examine fire safety, construction (certificate of occupancy) and environmental issues.
    • Security - Leases

      9m
      In this video segment, Adam Foster Esq. tackles security and leases. What kind of security can the tenant put up to guarantee the performance of the lease? State statutes often limit security interests in FFE, licenses and product.
    • Option Agreements

      4m
      In this video segment, Adam Foster Esq. touches on option agreements. Tenants generally put significant money into TI and build out, particularly for cultivation use. Market rent tends to increase but is hard to predict.
    • Lack of Bank Financing

      3m
      In this video segment, Adam Foster explores the lack of bank financing in the cannabis industry. Hard money lenders typically charge 12-15% plus due diligence and loan origination fees. Lease with purchase option or sale and leaseback arrangements are common. Using a property for cannabis-related activities typically violates mortgage covenants regarding compliance with federal law.
    • Federal Illegality

      2m
      In this video segment. Adam Foster, Esq. talks about federal illegality in cannabis. Property seizure is theoretically possible but he is not aware of seizure where tenants are obeying state law. If changes to the legal atmosphere render usage in non-compliance or if either party receives written notice from any governmental entity requesting discontinuance of use on the property, either party will have the option to terminate a lease with 90 days written notice or may terminate it sooner if the applicable governmental notification requests it.
    • Forms (Pro Tips)

      7m
      In this video segment, Adam Foster, Esq. breaks down standardized forms. Tenants would prefer to opt-out if they cannot obtain licensing but most landlords are resistant. Language permitting landlords to use self-help is generally a bad idea and leases should discuss procedures for landlord inspection.
11. 11. Environmental Issues

    11 Lessons

    In this course, you will learn about environmental regulations within cannabis operations, as well as, issues ensuring environmental responsibility within the cannabis marketplace. Finally, you will cover the environmental impacts, requirements, and legal controversies that apply to all cannabis operators along the supply chain. After completing this course, you will be able to:

    • Discuss the role of environmental responsibility and sustainability within cannabis operations
    • Explore environmental regulations and how they factor into legal compliance within the cannabis industry
    • Understand zoning ordinances and various statutes that interplay with cannabis operations
    • Examine the legal atmosphere between cannabis cultivation and packaging sustainability

    Lessons included in this course:

    • Intro to Environmental Issues

      7m
      In this video segment, Pamela N. Epstein gives an introduction to the environmental issues in cannabis. She explains the role of sustainability with cannabis operations along the supply chain. She also talks about environmental regulations and how they factor in with business decisions.
    • Ensuring Environmental Responsibility Within California

      8m
      In this video segment, Pamela N. Epstein Esq. examines environmental responsibility within California. California is the nation's largest cannabis state, and is built to protect the environment for cannabis regulations. There are many concerns that operators face, including surface and groundwater quality, water use, energy use, and energy upgrades. When going through the environment and application process, land use entitlements are the backbone of all land development.
    • California Environmental Quality Act (CEQA)

      16m
      In this video segment, Pamela N. Epstein Esq. dives into the California Environmental Quality Act (CEQA). CEQA was enacted in 1970 after the Natural Environmental Act passed. There are three roles that public agencies can play in CEQA: lead agency, responsible agency, and trustee agency.
    • Local Jurisdictions and CEQA

      5m
      In this video segment, Pamela N. Epstein Esq. covers local jurisdictions and CEQA. Examples on how CEQA has been applied are by exemptions, negative declarations, mitigated negative declarations, and EIRs.
    • CEQA Litigation to Date

      7m
      In this video segment, Pamela N. Epstein details CEQA litigation to date, including an example of a NIMBY lawsuit in Alameda County, California. She also discusses issues around banning or significantly limiting commercial cannabis activities.
    • State Applications and CEQA Compliance

      7m
      In this video segment, Pamela N. Epstein dissects state applications and CEQA compliance. The applicant is responsible for demonstrating CEQA compliance, including local use level, evidence of exemption, and an environmental review document. California has a dual licensing system, meaning that compliance must occur at the local and state level.
    • BCC Draft Permanent Regulations

      4m
      In this video segment, Pamela N. Epstein chats about the BCC draft permanent regulations. All transport of cannabis must be moved by automotive means, but metropolitan organizations have to govern the emissions regulations. When no discretionary action is taken, voter initiative is vital.
    • The Great Packaging Debate

      6m
      In this video segment, Pamela N. Epstein tackles the great packaging debate. Exit bags have become important. Packaging needs to be considered child resistant to ensure children don't get to the product. Exit bags also give an opportunity for branding and education.
    • Water, the Coastal Zone, and Cultivation

      5m
      In this video segment, Pamela N. Epstein dives into water, the coastal zone, and cultivation. In California, there is a reasonable use doctrine, which means all water must be beneficial and be a reasonable method of use.
    • Cannabis Cultivation and Water

      18m
      In this video segment, Pamela N. Epstein breaks down cannabis cultivation and water. The amount of water needed for cultivation is typically minimal but depends on the cultivation process. The Water Board: Cannabis Cultivation Program has four main components, including enforcement groups that look at wetland and riparian impacts.
    • Wrap Up / Conclusion / Crystal Ball

      3m
      In this video segment, Pamela N. Epstein Esq. wraps up the Environmental Issues course. It is important to take a village approach. Bring in an army to get through all the various components.
12. 12. Protecting Your Intellectual Property

    4 Lessons

    In this course, you will learn about protecting intellectual property in the regulated cannabis industry. Next, we will guide you through the process of protecting the federally permissible aspects of your cannabis business, such as cannabis related paraphernalia and other ancillary products your business may own or develop. Finally, you will learn the benefits of trade secrets, and how to develop a business focused intellectual property strategy in the fast changing cannabis industry. After completing this course, you will be able to:

    • Provide a general background for intellectual property protection in the cannabis industry
    • Explore the benefits of trade secrets that are protectable at the state and federal level
    • Discuss how to protect your brand with limitations associated with state and federal trademark law
    • Examine IP rights of affiliated entities and third parties that affect cannabis businesses

    Lessons included in this course:

    • Intro to Protecting Intellectual Property

      3m
      In this video segment, Kevin H. Fortin Esq. gives a brief introduction to protecting intellectual property. Some of the main topics include patents, trademarks, trade secrets, and licensing IP rights.
    • Patents

      6m
      In this video segment, Kevin H. Fortin covers patents related to protecting intellectual property. Patents are vital because they protect the client's invention. Patents are issued by the US Patent and Trademark office at the federal level. Patents are only issued on novel products, meaning new or non-obvious.
    • Trade Secrets

      19m
      In this video segment, Kevin H. Fortin looks into intellectual property trade secrets. Trade secrets are ideas or concepts you don't want to share with other companies and which can be licensed or monetized. Unlike patents, trade secrets are inexpensive to maintain and won't pile up legal fees.
    • Licensing IP Rights

      7m
      In this video segment, Kevin H. Fortin dives into licensing IP rights. There are many ways to propagate your business, including capital, strategic licensing, and intellectual property licensing. It is vital to separate IP rights from the operating entity.