Marijuana Law Podcasts - Legal Talk Network https://legaltalknetwork.com/podcast-category/marijuana/ Wed, 28 Aug 2024 01:03:00 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.2 The Reclassification of Marijuana https://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2024/05/the-reclassification-of-marijuana/ Fri, 10 May 2024 11:00:51 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=36516 In April of 2024, the United States Drug Enforcement Agency recently announced that they are proceeding with reclassifying marijuana as a less dangerous drug. The Justice Department proposal would move marijuana from the “Schedule I” group which includes heroin, LSD, quaaludes and ecstasy to “Schedule III” which includes ketamine and some anabolic steroids.

In this episode, Craig is joined by professor Robert Mikos from Vanderbilt University Law School to discuss the proposed reclassification of marijuana. Craig & Rob take a look at the history of the war on drugs, cannabis law, and what constitutional right an individual has when it comes to drug use.

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Medical Marijuana, Your Client, And Who Pays https://legaltalknetwork.com/podcasts/workers-comp-matters/2023/05/medical-marijuana-your-client-and-who-pays/ Tue, 16 May 2023 11:00:43 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=34223 Marijuana was once fodder for stoner comedies and standup routines. But today, medical marijuana is a serious matter in Workers’ Compensation. Fair compensation, and proper medical treatment, is not always as clear as it should be. Laws evolve by the day, state by state.

Guest Jenifer Dana Kaufman is a Pennsylvania Workers’ Comp attorney who has developed a wealth of experience where marijuana law collides with fair compensation and treatment. In this episode of Workers’ Comp Matters, hear how Kaufman unraveled a complicated case and how competing state and federal laws tangle the issue of appropriate care when marijuana is involved, even when prescribed in a state where medical marijuana is legal.

Intent and medical recommendations matter, but can insurers be required to pay for a drug that is technically illegal under federal law? What’s the difference between an insurer paying directly for marijuana vs. reimbursing a patient? Take a deep dive into how marijuana therapy as a Workers’ Comp issue continues to develop.

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Rebuttable Presumption of Intoxication: Workers’ Comp and Marijuana https://legaltalknetwork.com/podcasts/workers-comp-matters/2022/03/rebuttable-presumption-of-intoxication-workers-comp-and-marijuana/ Wed, 30 Mar 2022 13:00:46 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=31379 Our guest is law student Simon X. Cao, winner of this year’s College of Workers’ Compensation Lawyer’s John F. Burton Jr. Student Writing Award. His essay, “Fighting The Tide – Overcoming The Rebuttable Presumption of Intoxication In The Age of Marijuana,” examines a common Workers’ Comp defense arguing an injured worker was somehow culpable in his own injury by virtue of intoxication.

Cao examines to what extent – if any – evidence of prior marijuana consumption can be used against injured workers, as a growing number of states legalize marijuana both for recreation and medical use.

The nexus of marijuana and injury compensation is a sticky issue. Evidence of marijuana can be detected in an injured worker’s system for weeks after use, unlike alcohol, but it can be present without indicating intoxication. How reliable is testing? How consistent are the rules across states? And what about presumed consent for a drug test after a workplace accident? All interesting topics that could affect your clients.

Special thanks to our sponsor PInow.com, Posh Virtual Receptionists, and MerusCase.

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Patenting Pot https://legaltalknetwork.com/podcasts/legal-talk-today/2021/02/patenting-pot/ Mon, 01 Feb 2021 19:40:33 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=28889 Can you actually patent a marijuana plant? Isn’t that still illegal under federal law? The answer to both of those is yes… but how does that work? Neil Juneja from Gleam Law joins us to explain the growing intersection of cannabis and intellectual property rights.

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Weed in the House! https://legaltalknetwork.com/podcasts/legal-talk-today/2020/12/weed-in-the-house/ Fri, 18 Dec 2020 16:00:20 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=28688 The MORE Act has been passed by the U.S. House of Representatives, but does that mean it’s legal at the federal level? Not just yet… Vincent Sliwoski from Harris Bricken explains the Marijuana Opportunity Reinvestment and Expungement Act.

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Weed Ballots and the Constitution https://legaltalknetwork.com/podcasts/legal-talk-today/2020/11/weed-ballots-and-the-constitution/ Mon, 16 Nov 2020 20:05:02 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=28515 Is it unconstitutional for the federal government to ban marijuana? In 2005, it wasn’t according to the U.S. Supreme Court in Gonzales v. Raich. But with more states legalizing marijuana in the 2020 election, does that same analysis apply? Professor Douglas Berman from The Ohio State University Moritz College of Law breaks it down.

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Medical Marijuana Reimbursement in Workers’ Compensation Systems https://legaltalknetwork.com/podcasts/workers-comp-matters/2020/06/medical-marijuana-reimbursement-in-workers-compensation-systems/ Tue, 16 Jun 2020 20:03:27 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=27719 As a Schedule I controlled substance, marijuana is not permitted for medical usage at the federal level. However, variance in state laws and conflicting decisions in recent appellate cases beg the question — should workers’ comp programs have the ability to reimburse the cost of medical marijuana for injured workers? Host Alan Pierce talks with George Flores, whose recent article on this topic titled, “Lewis and Bourgoin: The Growing Divide Over Reimbursement for Medical Marijuana in the Workers’ Compensation System,” won the 2019 writing contest for the College of Workers Compensation Lawyers.

George Flores is a 2L at Penn State Law, University Park.

Special thanks to our sponsor, PInow.

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Elevate 2019: Cannabis Law https://legaltalknetwork.com/podcasts/on-the-road/2019/06/elevate-2019-cannabis-law/ Mon, 24 Jun 2019 21:57:57 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=25643 Cannabis laws and regulations are changing on a daily basis. Tune in for a survey of the legal trends in the industry. From Elevate 2019 in Denver, CO, host Vince Imhoff talks to a panel of guests about cannabis law. Their discussion begins with a review of the varying laws and regulations around the country and then focuses in on matters related to Colorado’s legalization of cannabis. They canvass the many social, economic, legal, and medical implications of legalization and talk about their predictions for the future of cannabis law. Additionally, they discuss the banking rules affecting the industry and the challenges for businesses in this space. Later, they talk to two Colorado defense attorneys about their experience in representing clients accused of crimes related to THC impairment.

Andrew Livingston is director of economics and research for Vicente Sederberg, providing analysis on legal and regulatory matters as well as economic market projections for adult-use and medical marijuana laws in Colorado and around the world.

Barb Brohl is currently a principal at BJ Brohl Strategies, where she consults on drug policy strategies for the 21st century.

Jason Searns is general counsel for Grok.

Amanda Ostrowitz is a regulatory attorney and founder of RegsTechnology and its current product, CannaRegs–a tool to aid attorneys, business people, and governments with localized tracking of regulatory issues.

Leonard Frieling is the first ever chair of the Colorado Bar Association’s Marijuana Law Committee and a criminal defense attorney with over 38 years of experience.

Damon Cassens is a trial lawyer at Waters, Kubik, & Cassens who has practiced law in Colorado Springs since 1994.

(Host) Vince Imhoff is managing director of Imhoff & Associates.

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Law and Business of Cannabis: Regulation, Taxation, and Banking https://legaltalknetwork.com/podcasts/planet-lex-northwestern-pritzker-school-law-podcast/2017/09/law-and-business-of-cannabis-regulation-taxation-and-banking/ Wed, 20 Sep 2017 18:15:26 +0000 https://legaltalknetwork.com/?post_type=ltn_episodes&p=20925 Stoner jokes aside, cannabis is a truly budding industry. In this episode of Planet Lex, Daniel Rodriguez talks to Charlie Bachtell, CEO of Cresco Labs, and Dina Rollman, Chief Counsel at Green Thumb Industries, about the complexities of the marijuana industry, including how Illinois has set a precedent for regulatory programs, the banking challenges facing cultivators, and the battle for more research within the United States. They also discuss the role of lawyers within the cannabis business, and how they each got involved in this new and evolving industry.

Charlie Bachtell is the CEO of Cresco Labs, LLC. In this role, Bachtell ensures that Cresco is an industry leader, setting new standards for a progressive, transparent and reputable medical cannabis community.

Dina Rollman is GTI’s Chief Counsel – Compliance. In this role, she monitors and ensures full compliance with state and federal laws pertaining to GTI’s multi-state cultivation and dispensary operations.

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#107: Niche Practice: Weed Law, with Matthew Buck https://legaltalknetwork.com/podcasts/lawyerist-podcast/2017/02/107-niche-practice-weed-law-matthew-buck/ Wed, 15 Feb 2017 12:00:55 +0000 http://legaltalknetwork.com/?post_type=ltn_episodes&p=19686 “Weed law,” it turns out, is neither as exciting nor as boring as you might think. In this episode, Matthew Buck offers a window into the world of weed law, the ethics of advising clients who are committing federal crimes, and how to market a niche practice.

Matt works for Corry & Associates, and he has successfully resolved numerous marijuana cases ranging from cultivation to RICO violations, and has assisted in the formation of grows, dispensaries, and MIPs across Colorado, from the Western Slope to Pueblo, County.

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The DEA, Schedule 1, and Marijuana https://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2016/09/dea-schedule-1-marijuana/ Fri, 30 Sep 2016 14:00:18 +0000 http://legaltalknetwork.com/?post_type=ltn_episodes&p=18813 In a recent decision, the Drug Enforcement Administration ruled that marijuana will remain a Schedule 1 substance under the Controlled Substances Act. Substances in Schedule 1 are determined by the Food and Drug Administration to be drugs with no currently accepted medical use and a high potential for abuse.  

On Lawyer 2 Lawyer, host J. Craig Williams joins Paul Armentano, deputy director of NORML and Ben Cort, business development manager for the Center for Addiction Recovery and Rehabilitation (CeDAR), to discuss the recent decision by the DEA to keep marijuana on the Schedule 1 list. They will talk impact, the legalization of marijuana, manufacturing marijuana for scientific purposes, and what the future holds on this controversial topic.

Paul Armentano is deputy director of NORML, and the National Organization for the Reform of Marijuana Laws, and a senior policy advisor at Freedom Leaf, Inc: The Marijuana Legalization Company. He is the co-author of the book “Marijuana is Safer: So Why Are We Driving People to Drink?” Paul was also the principal investigator for defense counsel in U.S. v Schweder, the first federal evidentiary since 1973 hearing to challenge the constitutionality of cannabis as a schedule I controlled substance.

Ben Cort is business development manager for the Center for Addiction Recovery and Rehabilitation (CeDAR), part of the University of Colorado Health system. Ben’s passion for recovery, prevention and harm reduction comes from his own struggle with substance abuse. Sober since 1996, Cort is also a junior fellow at the University of Florida’s Drug Policy Institute and serves on the boards of Project SAM (Smart Approaches to Marijuana) and the Stout Street Foundation.

Special thanks to our sponsor, Clio.

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Cannabis Insurance Coverage and the impact on the Insurance Industry https://legaltalknetwork.com/podcasts/insurance-law-podcast-am-best/2016/08/cannabis-insurance-coverage-impact-insurance-industry/ Thu, 11 Aug 2016 14:00:41 +0000 http://legaltalknetwork.com/?post_type=ltn_episodes&p=18529 Attorneys Jason Taylor and Jeremy Macklin from the law firm of Traub Lieberman Straus & Shrewsbury LLP discuss the current status of Marijuana Legalization and why the issue is important to insurance carriers.

Special thanks to our sponsor, A.M. Best CompanyBest’s Recommended Insurance Attorneys & Adjusters, including Expert Service Providers.

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Lawyers, Weed, and Money: H.R. 2076 Found Some Fans https://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2015/08/lawyers-weed-money-house-resolution-2076/ Fri, 28 Aug 2015 20:36:45 +0000 http://legaltalknetwork.com/?post_type=ltn_episodes&p=17109 Despite being illegal under federal law, the marijuana industry is rapidly growing in many states around the country. As product and profits blossom, so do stockpiles of cash, because federal law prohibits banks from offering services to these “green” enterprises. Concerned that large amounts of cash will result in crime, legislators are supporting a new bill in bipartisan fashion. House Resolution 2076 would permit banking for marijuana businesses if they follow certain guidelines. But what does that mean for the banks and existing federal laws? Wouldn’t they still be aiding and abetting criminal activity?

In this episode of Lawyer 2 Lawyer, hosts J. Craig Williams and Bob Ambrogi interview Tom Downey from Ireland Stapleton, Professor Sam Kamin from the University of Denver, and Leonard Frieling from NORML. Together they discuss existing federal restrictions, criminal penalties, and how H.R. 2076 might change the landscape. Tune in to hear about the Supremacy Clause, money laundering, and much more.

Tom Downey is a director and attorney at Ireland Stapleton Pryor & Pascoe, where he represents primarily liquor and marijuana businesses. Prior to that, he led Denver’s Department of Excise and Licenses where he redrafted Denver’s policies and procedures for liquor licensing and wrote the original policies and procedures for Denver’s recreational marijuana licenses.

Sam Kamin is the Vicente Sederberg Professor of Marijuana Law and Policy at the University of Denver’s Sturm College of Law where he teaches ‘Representing the Marijuana Law Client’. His areas of research include criminal procedure, death penalty jurisprudence, federal courts, and constitutional remedies.

Leonard Frieling is the first ever chair of the Colorado Bar Association’s Marijuana Law Committee and former executive director of Colorado NORML, which is part of a nationwide organization dedicated to reforming laws on marijuana. In addition, he is a criminal defense attorney with over 38 years of experience.

Special thanks to our sponsor, Clio.

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Medical Marijuana and Employment Law https://legaltalknetwork.com/podcasts/on-the-road/2015/08/medical-marijuana-employment-law/ Fri, 14 Aug 2015 17:51:25 +0000 http://legaltalknetwork.com/?post_type=ltn_episodes&p=17044 Legal Talk Network producer Laurence Colletti interviews labor and employment lawyer Joseph Yastrow at the 2015 American Bar Association Annual Meeting. Joseph talks about how the recent developments in marijuana law affect the workplace. He and Laurence discuss the conflicting nature of state and federal laws and how the courts have responded in cases like Coats v. Dish Network.

Joseph Yastrow is president of Laner Muchin in Chicago, a 45 person labor and employment law boutique that represents employers in all labor relations matters. He presented at ‘The Employment Law Implications of Medical Marijuana’ session at the ABA Annual Meeting.

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Above The Law’s Marijuana Law Reception https://legaltalknetwork.com/podcasts/on-the-road/2015/07/marijuana-law-reception/ Mon, 06 Jul 2015 13:34:16 +0000 http://legaltalknetwork.com/?post_type=ltn_episodes&p=16892 Despite being illegal under federal law nationwide, marijuana businesses in states like Colorado, Washington, and Oregon are growing rapidly. With varying degrees of state licensing, where does that leave growers and sellers criminally? Just because certain state governments are not enforcing drug laws doesn’t mean the federal government won’t.

Adding to this confusion, the marijuana industry is attracting lawyers willing to help clients navigate criminal codes and regulatory bodies in what is still a crime under federal law. Doesn’t that mean these lawyers are breaking the law and the oaths they swore to their respective state bars? If you’ve ever wondered about these issues, you are not alone.

Moderated by Above The Law Editor Staci Zaretsky and hosted at Legal Talk Network headquarters, this Q&A podcasting event feature experts like Hilary Bricken from Harris Moure’s Canna Law Group, Tom Downey from Ireland Stapleton, Professor Sam Kamin from University of Denver Sturm College of Law, and Brian Ruden, who owns Starbuds, Tree of Wellness, and Altermeds.

Host:

Staci Zaretsky became an editor for Above the Law in June 2011. Her writing has appeared in other legal publications, such as Judgepedia, Lawyerist, and Ms. JD. She has been featured on various television and radio programs, including CNBC’s Power Lunch, CBS Radio News, BBC Radio, CLTV Chicago, HuffPost Live, TF1 TV France, Chicago Public Radio, and Civil Discourse Now.

Guests:

Hilary Bricken is a litigator who joined Harris Moure in 2010, where she represents startups, entrepreneurs, and companies in all stages of development. She has been named Deal Maker of the Year by the Puget Sound Business Journal and is a contributor to Al Jazeera America, CNN, Fox News, and the New York Times

Tom Downey is a director and attorney at Ireland Stapleton Pryor & Pascoe, PC, where he represents primarily liquor and marijuana businesses. Prior to that he led Denver’s Department of Excise and Licenses where he redrafted Denver’s policies and procedures for liquor licensing and wrote the original policies and procedures for Denver’s recreational marijuana licenses.

Professor Sam Kamin is the Vicente Sederberg Professor of Marijuana Law and Policy at University of Denver’s Sturm College of Law where he teaches ‘Representing the Marijuana Law Client’. His areas of research include criminal procedure, death penalty jurisprudence, federal courts, and constitutional remedies.

Brian Ruden is an attorney who owns three dispensaries in Colorado called Starbuds, Tree of Wellness, and Altermeds. He has spent many years researching growing techniques and testing strains to deliver high quality medical and recreational marijuana products. Prior to entering the marijuana business in 2010, Brian was a litigator turned tax resolution expert.

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Cannabis businesses need lawyers, but how can you build a marijuana practice? https://legaltalknetwork.com/podcasts/aba-journal-asked-and-answered/2015/06/counseling-cannabis/ Mon, 01 Jun 2015 16:13:53 +0000 http://legaltalknetwork.com/?post_type=ltn_episodes&p=16792 It’s a federal offense to grow, sell or use marijuana, but a growing number of states have laws permitting its use under specific circumstances. In Alaska, Oregon, Colorado and Washington, the product is available for recreational use. In Colorado and Washington, it may be sold commercially, and is taxed and regulated by the state. The University of Denver’s Sturm College of Law has started to offer classes in marijuana law. There’s a need for lawyers to represent cannabis businesses. But how can you advise these clients and develop this as a specialty while remaining on the right side of legal ethics?

In this month’s Asked and Answered, Seattle lawyer Ryan Espegard chats with the ABA Journal’s Stephanie Francis Ward about how he advises the marijuana industry–being mindful of state and federal regulation–and what sorts of business development activities have worked for him.

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Marijuana Use During Pregnancy and Child Abuse https://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2014/08/marijuana-use-pregnancy-child-abuse/ Fri, 08 Aug 2014 19:44:09 +0000 http://legaltalknetwork.com/?post_type=ltn_episodes&p=15231 Although still illegal everywhere in the United States under federal law, Colorado and Washington have decided not to prosecute marijuana use or production at the state level. Despite this lack of enforcement, women who use marijuana during their pregnancies are being charged with child abuse shortly after giving birth. On this episode of Lawyer 2 Lawyer, hosts Bob Ambrogi and J. Craig Williams interview Sabrina Fendrick from the National Organization for the Reform of Marijuana Laws and Carla Lowe from Citizens Against Legalizing Marijuana. Together they discuss conflicting studies and beliefs regarding the benefits, harms, and prohibition of marijuana. Tune in to learn more about Fetal Alcohol Syndrome and Neonatal Abstinence Syndrome as well as the differences between THC, tobacco, and alcohol for pregnant women.

Sabrina Fendrick currently serves as the Director of Strategic Partnerships for NORML the Washington DC-based National Organization for the Reform of Marijuana Laws. In 2010, she founded the NORML Women’s Alliance and served as Director of Women’s Outreach to develop multiple female-focused awareness campaigns to educate women, and empower them to speak out on behalf of progressive cannabis policies. Today Fendrick remains dedicated to increasing women’s involvement throughout all aspects of the legalization movement, including parenting and child custody issues.

Carla Lowe is the founder of Citizens Against Legalizing Marijuana (CALM). She has been a volunteer anti-drug activist since 1977. Carla co-founded Californians for Drug-Free Youth and Californians for Drug-Free Schools. In addition, she chaired the Nancy Reagan Speakers’ Bureau of the National Federation of Parents for Drug-Free Youth. Lowe is a mother of five grown children, grandmother of nine, and former high-school teacher.

Special thanks to our sponsor, Clio.

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Medical Marijuana and Defending Workers’ Compensation Claims https://legaltalknetwork.com/podcasts/ringler-radio/2014/04/medical-marijuana-defending-workers-compensation-claims/ Mon, 21 Apr 2014 15:16:15 +0000 http://legaltalknetwork.com/?post_type=ltn_episodes&p=15054 In recent years, medical marijuana has become a controversial topic. So what happens as medical marijuana use becomes legal? How will it impact your workforce? On this Ringler Radio podcast, host Larry Cohen welcomes Attorney Richard W. Lenkov from the firm, Bryce Downey & Lenkov, to talk about medical marijuana within the workforce, defending workers’ compensation claims and his legal perspective from within the workers’ compensation arena.

Visit Ringler Associates to contact a consultant in your area about structured settlements.

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Medical Marijuana at Work: The Side Effects for Workers’ Compensation https://legaltalknetwork.com/podcasts/workers-comp-matters/2014/03/medical-marijuana-work-side-effects-workers-compensation/ Mon, 03 Mar 2014 18:26:36 +0000 http://legaltalknetwork.com/?post_type=ltn_episodes&p=14996 With recreational and medical use of marijuana now approved in some states, concerns of workplace use are being raised. The impacts of this trend range from employee right to treatment and increased employer liability to OSHA regulations and ADA holdings. On this episode of Workers Comp Matters, host Alan Pierce discusses these issues along with medical studies, toxicology reports, and the intoxication defense with experts Jim Andrews and Albert Randall.

Jim Andrews has served as an executive in the pharmacy industry for the past 30 years. Currently, he is the Executive Vice President of Pharmacy Services for Healthcare Solutions and a frequent presenter on industry topics. He is also a renowned writer and thought leader in pharmacy journals.

Albert Randall is a principal at Franklin & Prokopik where his practice concentrates in employer defense for labor and employment, workers’ compensation, tort liability, administrative and regulatory matters, and general civil litigation. He is also a member of the National Defense Lawyers Network and counsel to Maryland Motor Truck Association.

Special thanks to our sponsor, PInow.

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Marijuana, Federal Law, and the States: The Great Legal Divide https://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2014/02/marijuana-federal-law-states-great-legal-divide/ Tue, 25 Feb 2014 20:34:26 +0000 http://legaltalknetwork.com/?post_type=ltn_episodes&p=14991 Federal law bans marijuana nationwide and yet some states have decided to license its trade. So, where does this leave citizens, local government, and attorneys who work in the cannabis industry? On this episode of Lawyer 2 Lawyer, hosts Bob Ambrogi and J. Craig Williams interview Brian Vicente, Dan Riffle and Kathy Haddock to discuss the challenges and liabilities that persist in the void between federal and state drug laws.

Brian Vicente is a Colorado criminal defense attorney and founding partner of Vicente Sederberg. He also serves as Executive Director for Sensible Colorado, chairs the Denver Mayor’s Marijuana Policy Review Panel, and coordinates the Colorado Bar Association’s Drug Policy Project.

Dan Riffle is a former assistant prosecutor for Vinton County, Ohio who has turned lobbyist on Capitol Hill. He currently serves as the Director of Federal Policies for Marijuana Policy Project and has shepherded 2013 legislation through Illinois making it the second largest medical marijuana state.

Kathy Haddock is the Senior Assistant City Attorney for the City of Boulder, Colorado. She is primarily responsible for advising finance, records, elections, airport, special districts, and special projects including medical and recreational marijuana. She has also been responsible for drafting the laws that license and govern medical marijuana businesses in Boulder, Colorado.

Special thanks to our sponsor, Clio.

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