Florida IP Trends

Federal vs. State Law, Supremacy Clause, Conflict principles, and the Commerce Clause; Analysis of memoranda from Department of Justice regarding treatment of states with “robust” cannabis regulations; Nebraska and Oklahoma v. Colorado; Federal enforcement of Controlled Substances Act and what this means for marijuana businesses.

Update on the status of implementation of Amendment 2; Registration of patients and caregivers; Registration of Medical Marijuana Treatment Centers; Status of regulations – edibles, testing, and dosing; Update on recent litigation.

Analysis of IRC Sec. 280E; Case law; Audits; State tax considerations; New trends; Corporate structures and strategies.

Analysis and compilation of a cannabis lease agreement; Purchase and sale agreements for land to be used for marijuana businesses; Specific leasehold issues; Broker liability; Due diligence; Escape clauses; Zoning and other land use requirements; Landlord liability for changes in local land use law.

What are “Marijuana Trademarks”? How do marijuana trademark marks differ from other trademarks? What to consider when choosing a marijuana trademark? Federal vs. State trademark registrations; Other brand protection mechanisms; Due diligence and actual registration; IP licensing and controversy.

How will the State of Florida deal with the tensions between federal banking laws and the passage of Amendment 2? An explanation of federal Anti-Money Laundering laws and analysis of 2014 Department of Treasury guidelines; What steps financial institutions must take to follow those guidelines in order to bank Florida’s medical marijuana industry; Is bank financing possible? What will it take to get banks to do business in the cannabis industry? What kind of due diligence should a financial institution undertake with marijuana entrepreneurs? What advice should attorneys give to clients about the banking “epidemic”?

How to raise money in Florida’s medical marijuana industry? Can entrepreneurs even raise funds under the current Amendment 2 regulatory rules? If they can, how do they do that? What should a solid medical marijuana PPM contain? What should the “Disclaimer” section disclose? What liability exists for investors? What kinds of questions should investors be asking? How should an investment deal be structured in the medical marijuana industry? Is that deal the same in every state? Are Kickstarter or other crowd funding sources possible for the medical marijuana industry? If not, why not?

How should attorneys navigate representation of cannabis businesses? Does the federal conflict matter for attorneys practicing in this area in marijuana-friendly states? What is the difference between “assist” and “advise”? Analysis of Bar opinions from various states, including Colorado, Washington, and Alaska post-legalization; Group discussion on the ethics of advising clients; Taking an interest in the business of a cannabis client; Attorney ownership or participation.

Standards for physician qualification and Medical Directors; Qualifying Medical Conditions and the process of registering a patient; Conflicts of interest; Issues for physicians relative to their traditional practices; obtaining professional liability insurance; How does one become a caregiver and what are the duties and responsibilities in doing so; potential exposure and liability for physicians and caregivers? MMTC inspections and administrative actions.

A discussion of legal issues to consider when contracting with marijuana related businesses with a focus on the general legality/enforceability of such contracts under Florida law, risks associated with secured transactions for borrower and lender, bankruptcy and insolvency issues, provisions for shifting regulatory and legislative risks, dispute resolution options, choice of law provisions, issues specific to commercial leases and other general contract law considerations.

Types of insurance needed by cannabis businesses: General Liability, E&O/Professional Liability, Casualty Coverage and Business Disruption Coverage; Are these coverages written for cannabis businesses by the big national carriers? If not, why, and where can you obtain these coverages? Expected coverage disputes and how to avoid them.

Industry issues and perspectives from actual licensee applicants and ancillary businesses; Relationships between licensees, including logistics and dynamics of contracting for goods and services; Regulatory compliance priorities; Navigating state agencies as a licensee.