2024 Faculty
Friday, September 27
5:00 – 8:00 pm - Reception New York Law School Rooftop Terrace & Lounge
Address For All Program Events:
New York Law School
185 West Broadway New York, NY 10013, USA
Saturday, September 28
8:30 – 8:45 am - Welcome Indigenous Blessing
Panel Description:
8:45 – 9:00 am - Introduction to Symposium Judge Mary Celeste (ret.)
Panel Description:
9:00 – 10:00 am - Keynote Dominique Mendiola, Senior Director of the Colorado Department of Revenue's Marijuana Enforcement Division and Natural Medicine Division. Ten Year Anniversary Colorado Recreational Marijuana Law: Lessons Learned
Panel Description:
10:00 – 11:30 am - Panel Cannabis Uses and Risks
The keynote presentation will provide insights from Dominique Mendiola’s decade of experience within the Colorado Department of Revenue’s Marijuana Enforcement Division. The presentation aims to provide a comprehensive overview of the successes and lessons learned in standing up and administering the nation’s first commercial cannabis regulatory program. This will include details on how Colorado’s evolving framework and national market dynamics has introduced new challenges and future opportunities, and how this experience has revealed key elements to establishing an effective regulatory framework via data-driven measures, a range of intervention strategies, robust stakeholder engagement, interagency-coordination, and an appropriate scope of delegated authority and resources necessary to carry out regulatory responsibilities. This presentation will also equip attendees with insights around how Colorado’s statewide membership in the Cannabis Regulators Association (CANNRA), and Dominique’s role as President of CANNRA, has helped shape the state’s approach to an ever-evolving regulatory landscape, with a focus on measures to protect public health and safety and support regulatory certainty.
10:00 – 11:30 am - Panel Cannabis Legislation & Regulations
Description: reating cannabis policy is no easy task, and no two states regulate alike. Join us to hear perspectives about tracking, influencing, creating, and implementing cannabis legislation, rules and regulations and how the cycle evolves. Learning objectives: Attendees will gain insight into the multi-directional policymaking process and hear lessons learned from experts including advocates/influencers, legislators, other policymakers, and cannabis regulators.
Plenary Grab & Go Lunch Panel 11:30 – 1:30 pm - Panel Oral Fluid Testing for Safer Roads: You be the Judge
Increases in drug and multi-substance impaired driving call for expanded drug testing on the roadside. For officers who are not specially trained in drug impairment detection, oral fluid screening can aid in identifying drivers that may have recently consumed drugs who would otherwise escape detection. The technology has been proven to be an effective tool for SFST and/or ARIDE trained patrol deputies and officers who lack extensive DRE training. Like preliminary breath tests (PBTs) for alcohol, oral fluid tests can be used to screen for drugs and establish probable cause in combination with other evidence. Evidential oral fluid testing is also expanding across the United States as a viable matrix. This presentation will explain the science behind screening and evidential oral fluid testing, the differences between screening and evidential testing, how it is being utilized around the country, and will end with a discussion on admissibility.
1:30 – 2:30 pm - Panel Plenary Facilitated Reports & Discussion from Breakout Session 1
Sit with your Discipline
2:45 – 4:00 pm - Panel Fireside Chat: Navigating the Green Rush – Starting a Cannabis Business
Join us for an insightful fireside chat where industry experts will delve into the intricacies of starting a cannabis business. Our distinguished panelists bring diverse perspectives and invaluable expertise to help you navigate this burgeoning industry: a legal expert - to discuss the complex legal landscape of cannabis, including licensing, compliance, and regulatory issues; a start-up consultant, licensed attorney, and business law professor – to learn insights on business planning, market entry, branding, and scaling your cannabis venture; an accountant – to reveal crucial financial considerations, including entity structure and tax strategies; and a realtor/operator to examine topics such as securing property, zoning laws and other real estate considerations unique to cannabis operations. This session is designed to provide aspiring cannabis entrepreneurs with the foundational knowledge and practical advice needed to successfully launch and grow their businesses in this rapidly evolving sector. Whether you're just interested in this emerging marketing, starting a cannabis business, or looking to expand, this fireside chat offers a unique opportunity to engage with experts and gain the tools you need for success. Come prepared with your questions and leave with actionable insights to propel your cannabis business forward. Don’t miss this opportunity to learn from the best in the industry!
2:45 – 4:00 pm - Panel Cannabis & Social Equity: Righting the Wrongs
The cannabis industry, burgeoning with economic potential, also faces the imperative of rectifying historical injustices wrought by prohibition. "Cannabis & Social Equity: Righting the Wrongs" convenes a distinguished panel of experts to dissect critical issues surrounding equity and inclusion within this evolving sector. Moderated by Rob Mejia, this session features esteemed panelists Scheril Murray-Powell, Tahir Johnson, Richard Washington, and Tim Brown Jr. These thought leaders will explore the intersection of cannabis legalization and social justice, providing insights into policies, practices, and initiatives aimed at ensuring marginalized communities benefit equitably from the cannabis boom. Attendees will gain a comprehensive understanding of actionable strategies and best practices necessary to foster a more inclusive and socially responsible cannabis industry.
4:00 – 5 pm - Plenary: Facilitated Reports & Discussion from Breakout Session 2
Sit with other Disciplines
Sunday, September 29
8:30 – 9:30 am - Keynote Dr. Joseph Rosado
“High” Stakes: Navigating Cannabis Addiction in Adolescence
The Presentation, titled “High” Stakes: Navigating Cannabis Addiction in Adolescence - Understanding Risks, Identifying Signs, and Providing Support, aims to provide a comprehensive overview of the issues surrounding cannabis use and addiction among adolescents. It will cover key aspects including the risks associated with cannabis use, how to identify signs of addiction, and effective strategies for providing support to affected adolescents. This Presentation will also equip attendees with a deeper understanding of the complexities of cannabis addiction among adolescents and provide practical tools and strategies for prevention, identification, and support. References will be included at the bottom of each slide of the power point which will be available to all participants.
9:30 – 11:00 am - Breakout Session 3 Panel Cannabis & Vets
This Panel will discuss the existing federal policies and regulations on cannabis use by Veterans including recently passed and pending federal legislation. It will be followed by a Veterans’ Court Judge’s perspective on the use or non-use of cannabis while in a Veterans Court drug program. Along with the existing approaches that courts take on permitting or not permitting vets to use cannabis in veterans’ courts. A Study will be discussed on how Veterans are actually using marijuana as an alternative to opioids. It will conclude with a a discussions on personal stories of Veterans use of cannabis by representatives from the American Legion and Disabled Veterans of America in their respective organizations.
9:30 – 11:00 am - Panel Tribal Cannabis, Sovereignty, and Commerce: Protecting Tribal Interests in the US and Beyond
This course explores the intersection of tribal sovereignty, cannabis policy, and commerce within the United States and internationally. Students will examine the unique legal, economic, and social challenges that Indigenous tribes face in the cannabis industry. The course will cover historical and contemporary issues of tribal sovereignty, federal and state regulations, economic opportunities, and community impacts. Through case studies, guest lectures, and interactive discussions, students will gain a comprehensive understanding of how to protect and advance tribal interests in the evolving cannabis landscape.
9:30 – 11:00 am - Panel Legal Status of Hemp & Psychedelics
The presentation focuses on the long and complex history of psychedelics and hemp, from their ancient use in various cultures to their modern medical and therapeutic applications, and the concomitant efforts at legalization. In doing so, we will discuss legalization efforts at the federal and state level, and the current regulatory landscape for both substances. Learning Objectives: - Discuss the history of psychedelics through the modern era. - Discuss legalization of psychedelics at the state and federal level. - Discuss current regulatory environment. - Discuss the history of hemp through the modern era. - Discuss legalization of hemp at the state and federal level. - Discuss current regulatory environment.
11:00 – 1:00 pm - Grab & Go Box Lunch - Plenary The Pros and Cons of Rescheduling/De-Scheduling Marijuana
Description: This free form conversation with Dr. Peter Grinspoon, M.D., Dr. Kevin Sabet, Shawn Hauser, Esq., Prof. Robert Mikkos, and moderator David C. Holland, Esq., will necessarily include discussion of the roots and rise of prohibition of cannabis in America as examined and explored from these perspectives and data points: 1.The history of cannabis in the colonies and United States from 1607-1936 (including its inclusion in the American Pharmacoepia from 1850-1936) 2.The social and legal factors that gave rise of prohibition embodied in the Marijuana Stamp Tax Act of 1936 and examination of the Harrison Act and early drug classifications in early 1900s 3.Studies conducted by Fiorello LaGuardia and other prominent politicians about the social benefits and/or dangers of cannabis and its need for regulation 4.U.S. Treaties and foreign policies from the 1960s that govern international obligations of member countries to interdict and prosecute drug crimes including those involving cannabis 5.The factors causing cannabis to be ‘temporarily’ placed in Schedule I under the federal Controlled Substances Act 6.The findings of the Shaeffer Commission that found cannabis did not belong in Schedule I but Nixon ordered it placed there anyhow. 7.1996 quote from White House Chief Counsel, John Ehrlichman, about the reasons for Nixon’s continuation of Schedule I status which were not based in medical concerns 8.The powers of Congress, the Executive Branch, and the administrative agencies including HHS, FDA, and DEA in the scheduling and rescheduling of cannabis 9.The rise of drug policy and policing strategies by administrative agencies, the Department of Justice, and the state and local enforcement based on federal law. 10.Legal challenges to the constitutionality of the Schedule I status of cannabis – NORML challenges – 11.Scientific and Medical justifications for continued Schedule I status – Sabet experiences and scientific bases for Schedule I continuation across 3 presidential administations 12.The implications of the legalization of medical marijuana with passage of California Compassionate Use Act of 1996 13.Legal challenges to federal prohibition from Gonzales v. Raich, through a litany of cases 14.Ogden and Cole Memoranda and Congressional sanction of the medical cannabis industry through Spending Appropriations passed every 2 years since 2014 15.Exploring the Supreme Court’s recent rulings on Cannabis including Justice Thomas certiorari dissent in Standing Akimbo LLC and whether the doctrine of Estoppel comes into play on future federal enforcement 16.International nullification of drug interdiction treaties and the modern US view of legalization 17.Studies and impacts of legalized medical and adult use cannabis programs in the states 18.The constitutional impacts of legalized medical and adult use cannabis on health insurance, transportation, worker’s compensation insurance (4 Supreme Courts split on mandatory reimbursement for medical cannabis), contracts, interstate commerce, and veteran’s benefits. 19.The short and long term effects of cannabis on consumers and economies 20.The impact of rescheduling vs. descheduling cannabis Learning Objectives: Exploring the legal, medical, and social ramifications of the proposed rescheduling of cannabis under the federal Controlled Substances Act. Through a free form dialogue supported by various learning materials, studies, law review articles, and legal briefs, attendees will become intimately familiar with: A.The history of cannabis in the colonies and United States, B. The roots and rise of prohibition in 1936, C.The counterculture movement and passage of the federal Controlled Substances Act of 1970 D.Statistical and legal analysis of prohibition from 1970-present day E.The challenges to prohibition and the evolution of federal tolerance for state medical and adult use programs F.The utility and validity of state and international medical studies conducted outside the strictures of the federal Controlled Substances Act G.The impact of rescheduling vs descheduling cananbis. H.What lies ahead for cannabis on the continent as neighboring nations legalize on a national level?
1:00 – 2:30 pm - Panel Cannabis and Immigration Law
Non-U.S. citizens with drug convictions, including marijuana offenses, face ineligibility for immigration benefits, such as asylum, permanent residency, and citizenship. In addition, noncitizens convicted of a marijuana offense may be detained without bond, deported, and face permanent bars to returning to the U.S. In certain instances marijuana related conduct alone can be the basis of these devastating consequences. In many cases, Immigration Judges do not have discretion to grant waivers of these consequences, regardless of the level of the offense or age of the conviction. As a result of the continuing federal prohibition, state legalization and expungement reforms do not completely eradicate the harsh immigration impacts of marijuana convictions. However there are legislative and administrative changes which can mitigate the impact of marijuana prohibition on immigrants. Learning Objectives Participants will: - Be introduced to the immigration impacts of state and federal convictions for marijuana-related activity - Understand the impact of legalization of marijuana for recreational use at the state level on immigration consequences - Be introduced to reforms that can change the impact of marijuana convictions for immigrants
1:00 – 2:30 pm - Breakout Session 4 Panel Drug Recognition Expert Testimony: How it is Treated in the Courtroom
This Panel will first discuss the DRE Program and how states are treating the admissibility of DRE testimony whether it be under a Frye, Daubert, 702 analyses, or by a statutory scheme. It will also review the DRE Protocol from a law enforcement perspective. Lastly it addresses the issues encountered by defense attorneys and prosecutors when conducting direct and cross examination testimony of the DRE from the perspective of a NHTSA Training Resource Prosecutor and a defense attorney with an expertise in impaired driving.
1:00 – 2:30 pm - Cannabis & the Workplace
This Panel will discuss the following: 1. General Overview of Cannabis and its Laws a. Cannabis market and its growth b. Federal Legal Status c. Legal status across states i. recreational, medical, some legal use 2. Federal vs. State Law a. Exemptions to state protections 3. A Glimpse into Noteworthy States a. California b. Illinois c. Nevada d. New York e. Texas Learning Objectives: The audience will learn about the new implications that cannabis use poses for both employers and employees. The audience will learn a general overview of various employment protections for employees who use cannabis.
Sunday 2:30 – 2:45 pm Break
2:45 – 4:00 pm - Breakout Session 5
2:45 – 4:00 pm - Panel Perspectives on Cannabis and Driving: Users, Law Enforcement, and Employers
This presentation will share the results of three studies on cannabis use: Impact 64, a California-based study of 5000 participants funded by the CA Department of Cannabis Control; CARSS (Cannabis and Road Safety Strategies), a AAA Foundation for Traffic Safety funded study of 1600 participants; and a CARSS satellite study, partially funded by the University of Michigan, with 2000 Michigan-based participants. This presentation will also review the use of cannabis across nine states, ranging from fully legal to non-legal for any use, and include the type and frequency of use, location, side effects, and reported benefits. Perceptions of the legality of sources of cannabis by type of state will be reviewed. Participants also provided information their views of the shortcomings of cannabis legislation, and their knowledge of laws, which will be discussed, as well as trusted sources of information for cannabis users. It will also focus on the perspectives of key stakeholders regarding the use of cannabis and driving. From the user perspective data will be presented from surveys regarding attitudes and behaviors pertaining to driving after using cannabis, and their experience and beliefs concerning law enforcement and the ability to detect cannabis-impaired driving. These data will come from states where cannabis use is legal and illegal. Perspectives from law enforcement will address current approaches to detecting cannabis-related impairments. Lastly, since cannabis-impaired driving can impact business operations, the panel will review the effects of cannabis legalization and impaired driving in this realm.
2:45 – 4:00 pm - Panel Pathways for Aspiring Cannabis Lawyers
This panel is designed to illuminate the promising pathways for law students eager to enter the burgeoning cannabis industry. It aims to inspire and guide law students, while also exploring how non-law students and professionals can support these future legal experts in making their mark in the cannabis business. Our distinguished panelists will share their unique journeys into the cannabis sector, highlighting the strategic decisions and lessons learned along the way. They'll address critical questions such as: - Which areas of legal practice are most promising for new attorneys in cannabis? - How can law students actively get involved in the cannabis industry during their studies? - What risks do attorneys face in this evolving field, including banking and legal/regulatory challenges? - How can law students structure organizations to better prepare for a career in cannabis law? - What impact will regulatory changes, like rescheduling, have on legal opportunities in cannabis? This panel will offer practical advice, inspire innovative thinking, and foster a supportive network for future cannabis attorneys. Whether you're a law student ready to dive into this dynamic industry or a professional looking to support emerging legal talent, this discussion is a must-attend. Get ready to explore the exciting intersection of law and cannabis and discover how you can contribute to this transformative field.
2:45 – 4:00 pm: Facilitated Reports
Key points from Sessions 3-5 will presented. Jenny Leis will continue to facilitate a conversation from the “Wall” We will also identify and discuss how the Symposium experience will impact your work and who or what you want to follow-up with?
4:00 – 4:15 pm: Closing
Jenny Leis will facilitate a wrap-up with the salient portions of the Symposium