Legal Issues in Cannabis (2022 Update): Contracts, Real Estate, Taxation, and NFTs

Join Harris Bricken attorneys Jonathan Bench, Frederic Rocafort and Arlo Kipfer for a live video broadcast on legal issues in cannabis.

Session I – Cannabis Contracts – Rachael Z. Ardanuy, Esq.

The Session 1 presentation focuses on the different types of contracts you will encounter when representing a cannabis business, as well as drafting tips and potential pitfalls for the cannabis-curious legal transaction practitioner.

Key topics to be discussed:

  • Types of commercial cannabis contracts
  • Common contract clauses specific to the cannabis industry
  • Drafting tips
  • Potential pitfalls

Session II – Cannabis and Web3 Crossover: NFTs, DAOs, and Smart Contracts – Jonathan Bench, Frederic Rocafort and Arlo Kipfer

In Part 2 of this series, attorneys will learn about NFTs, DAOs, and Smart Contracts in-depth: how they are formed and used, what domestic and international jurisdictions are doing to deal with their decentralized nature, and the securities implications.

Key topics to be discussed:

  • NFTs
  • DAOs
  • Smart contracts

Session lll – Cannabis Real Estate and Taxation – Jim Thorburn

The final part of this series will discuss how the IRS utilized Section 280E of the tax code and the current defenses and successes which have been utilized. In addition, learn how to safeguard against the common dangers of using real estate for cannabis business.

Key topics to be discussed:

  • The federalism dispute rages. Just because cannabis is state legal does not stop federal enforcement attempts
  • Costs of goods sold are constitutionally protected under the Sixteenth Amendment. There is numerous way to reduce tax liability using this constitutional protection.
  • Non-compliance with state law by a cannabis tenant may subject the landlord to federal drug violations
  • The landlord must consider remediation costs when renting to a cannabis tenant

How to Access: Viewers must sign in and watch the Program “live” in real-time. Viewers may ask questions during the presentation using the chat box. This event qualifies for “live” CLE credit.

When: Friday, May 27

Time: 12:00 PM – 4:00 PM EDT

Online Registration link:

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