The Committee on Cannabis Law is charged with serving as the New York State Bar Association’s focal point for the evolving legal status of Cannabis at both the state and federal level. Cannabis law is perhaps one of the fastest growing yet complex areas of the law that poses a broad spectrum of challenges. This Committee seeks to help NYSBA lawyers give their clients better advice through sharing educational resources, and otherwise helping New York set the highest possible legal and business (including advice to medical professionals) standards for legalized Cannabis products.
To help expand the reach of the Committee on Cannabis Law to the entire NYSBA membership, some of our committee members have volunteered to be NYSBA Section Liaisons for the committee. Please feel free to contact your Section’s liaison from the list below to learn how you can get involved in the committee and its activities.
Business Law Section – Glenn J. Witecki, Esq.
Corporate Counsel Section – Lee Williams, Esq.
Criminal Justice Section – John Joseph Montes, Esq.
Elder Law and Special Needs Section – Jeffrey A. Asher, Esq.
Entertainment, Arts and Sports Law Section – Diane Krausz, Esq.
Environmental and Energy Law Section – Telisport W. Putsavage, Esq.
Executive Committee – Jonathan B. Behrins, Esq.
Food, Drug & Cosmetic Law Section – Brian J. Malkin, Esq. and Thomas J. Schultz, Esq.
General Practice Section – Elisa Strassler Rosenthal, Esq.
Health Law Section – Sandra Jensen, Esq., Noah B. Potter, Esq. and Jay B. Silverman, Esq.
Intellectual Property Law Section – Robert Laurence Greenberg, Esq.
International Law Section – Jose Alberto Campos, Esq.
Labor and Employment Law Section – Alyson Matthews, Esq., Geoffrey A. Mort, Esq. and Samuel Sverdlov, Esq.
Real Property Law Section – Aleece E. Burgio, Esq.
Tax Section – Jason Klimek, Esq.
Trusts and Estates Law Section – Regina Kiperman, Esq.
Young Lawyers Section – Michael James Sullivan, Esq.
Online Community
Committee Roster
Initial Report Regarding Legalized Cannabis Legislation in New York State (January 31, 2020)
NYS AUDIT OF INDUSTRIAL HEMP PROGRAM
Secure and Fair Enforcement (“SAFE”) Act, H.R. 1595, passed September 26, 2019
ABA Resolution 104 (August 2019) Encouraging state primacy in cannabis regulation; removal of cannabis from Schedule 1 and more cannabis research
NSYBA Press Release: Committee on Cannabis Law to Study Possible Adult Use Legalization
CLE Online on Demand
Career High: New York’s Marijuana Regulation Act
1.0 MCLE Credits | 1.0 Areas of Professional Practice
Clearing The Air On Cannabis: Licensing Basics
1.0 MCLE Credits | 1.0 Areas of Professional Practice
New York Adult Use Marijuana: What Local Municipalities Need To Know
1.5 MCLE Credits | 1.5 Areas of Professional Practice
Burning Topics In Commercial Cannabis And CBD Litigation
1.0 MCLE Credits | 1.0 Areas of Professional Practice
What Lawyers Need To Know About The Marijuana Regulation And Taxation Act (MRTA)
3.0 MCLE Credits | 3.0 Areas of Professional Practice
Overview Of The Marijuana Regulation And Taxation Act (MRTA)
0 MCLE Credits
Social Equity In Cannabis: State And Local Perspectives
1.0 MCLE Credits | 1.0 Areas of Professional Practice
Cannabis Law Committee Meeting (AM2021)
4.0 MCLE Credits | 4.0 Areas of Professional Practice
Cannabis Tax And Section 280E: Threat Or Menace?
1.5 MCLE Credits | 1.0 Skills Credit; 0.5 Areas of Professional Practice
Cannabis Update 2019
2.0 MCLE Credits | 2.0 Areas of Professional Practice
CBD Oil, Hemp and Cannabis Update | What Lawyers Need to Know in Advising Clients
1.0 MCLE Credit | 1.0 Areas of Professional Practice
Hot Topics in Cannabis Law: CBD Rulemaking, CRTA, Advertising Issues and Ethical Considerations
4.0 MCLE Credits | 3.0 Areas of Professional Practice, 1.0 Ethics
Hot Topics in Cannabis Law: What Lawyers Need to Know
4.0 MCLE Credits | 3.0 Areas of Professional Practice, 1.0 Ethics
Practical Implications of Decriminalized Marijuana for the Legal Practitioner
6.5 MCLE Credits | 6.5 Areas of Professional Practice
Cannabis Law Update 2018
1.0 MCLE Credit | 1.0 Areas of Professional Practice
Legislative Developments in Medical Marijuana in New York 2018
3.0 MCLE Credits | 3.0 Areas of Professional Practice
Patient, Provider and Registered Organizations Perspective on Medical Marijuana and Adult Use in New York
3.5 MCLE Credits | 3.0 Areas of Professional Practice, 0.5 Ethics
Cannabis Law in New York State and the U.S. 2018
3.0 MCLE Credits | 3.0 Areas of Professional Practice
Medical Marijuana and Adult Use in New York
3.5 MCLE Credits | 3.0 Areas of Professional Practice, 0.5 Ethics
Cannabis & Cars and Handling DWI Drug Cases
2.0 MCLE Credits | 2.0 Areas of Professional Practice
Federal
21 U.S.C. 801 et seq. (the CSA)
The Cole Memorandum (DOJ guidance to US Attorneys regarding enforcement of the federal marijuana ban)
BSA Expectations Regarding Marijuana-Related Businesses (FinCen guidance to banks regarding providing services to marijuana-related businesses)
Rohrabacher Farr Amendment (appropriations rider that bars the DOJ from spending appropriated funds to prevent the implementation of state medical marijuana laws)
United States v. McIntosh, 833 F.3d 1163 (9th Cir. 2016) (key case interpreting Rohrabacher-Farr)
Sessions Memorandum on Marijuana Enforcement [January 4, 2018]
New York
New York Marijuana Regulation and Taxation Act
NY.gov Cannabis Website
NY Compassionate Care Act (original enabling legislation)
NY Medical Use of Marihuana Program Regulations (implementing regulations)
NY State Medical Marijuana Program (program website)
NY State Bar Association, Opinion 1024, Counseling Clients in Illegal Conduct: Medical Marijuana Law
Assessment of the Potential Impact of Regulated Marijuana in New York State (New York State Department of Health, July 2018)
New York State Interagency Working Group to Study Possible Legalization
New York State Conducts 17 Regulated Marijuana Listening Sessions
New York State’s Medical Marijuana Program: NYCRR Part 1004
NYSBA Articles of Interest
State Bar News Article – Cannabis Committee Created
State Bar News Article – Making Sense of NY Cannabis Law
NYSBA Press Release – NYSBA Creates New Committees to Examine Cannabis and Transportation Law
The Environmental Lawyer Article – Legal Pot Industry Bugged by Lack of Pesticide Guidance by Telisport W. Putsavage
Academic Blogs and Research Sites
Brookings Think-tank that conducts research on marijuana policy (among other topics)
Marijuana Law, Policy, and Authority. Law professor blog and textbook website covering broad range of developments in marijuana law. By Professor and Committee on Cannabis Law Academic Advisor Robert Mikos.
Marijuana Law, Policy & Reform. Law professor blog covering broad range of developments in marijuana law. By Professor Doug Berman.
National Conference of State Legislatures (NCSL). Compiles information on state marijuana reforms.
RAND Drug Policy Research Center. Think-tank that conducts research on marijuana policy (among other topics).
Social Science Research Network (SSRN). Searchable database of social science research on marijuana law and policy (among many other topics).
Bar Association Groups
Michigan State Bar Marijuana Law Section
National Cannabis Bar Association
Oregon State Bar Cannabis Section
News Sites
Cannabis Law Report. News site covering broad range of topics concerning marijuana, and especially marijuana law.
The Cannabist. News site started by Denver Post; covers broad range of topics concerning marijuana.
Cannifornian. News site started by several media outlets; covers broad range of topics concerning marijuana, with a particular focus on California.
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