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On Demand

Ethics


Average Rating:
   1
Categories:
Ethics |  Regulatory Rounds
Faculty:
Jessica C. McElfresh |  Sophia Cope |  Hannah Stitt |  Heather Segal
Duration:
60 minutes
Format:
Audio and Video
SKU:
INCBA072420ETOD
License:
Access for 6 month(s) after purchase.


Description

Ever wondered how to navigate the practical challenges of travel, securing electronic devices during travel, and consumption of cannabis as a practicing cannabis lawyer? Panelists will examine the challenges of international practitioners seeking to enter the United States for cannabis legal and business travel, the perils of the border search exception, and the rules of fitness to practice and cannabis consumption.  This panel will cover not only the law and current developments, but also offer practical advice for traveling, consuming, and securing privilege while practicing cannabis law.

Credits


General

This program is eligible for 1 hours of General CLE credit in 60-minute states, and 1.2 hours of General CLE credit in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules. 

INCBA webinars are eligible for credit in the following states: AR, AL, AK, AZ, CA, CO, CT,DE, GA, HI, IL, IN, MN, MS, MO, NV, NH, NJ, NM, NY, NC, ND, OH, OR, PA, TN, TX, UT, VT, WV, and WI . Additional states may be available for credit upon self-application by attendees. States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program.

INCBA on demand programs are eligible for credit in the following states: AR, AL, AK, AZ, CA, CO, CT,DE, GA, HI, IL, IN, MN, MS, MO, NV, NH, NJ, NM, NY, NC, ND, OH, OR, PA, TN, TX, UT, VT, WV, and WI . Additional states may be available for credit upon self-application by attendees. States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted.

For current accreditation status, please select your jurisdiction below.



Handouts

Faculty

Jessica C. McElfresh's Profile

Jessica C. McElfresh Related seminars and products

Founder and Principal

McElfresh Law, Inc.


Jessica C. McElfresh of McElfresh Law, Inc. has worked in cannabis law and policy since 2010. 
She is the Chair of the International Cannabis Bar Association’s Professional Responsibility and 
Ethics Committee and a member of its Board of Directors.  Jessica focuses on local and state 
applications, land use, regulatory compliance, and business law.  She represents cannabis 
retailers, distributors, cultivators, manufacturers, and testing labs, as well as landlords and 
ancillary businesses.  She has guided clients through successful applications in jurisdictions such 
as the City of San Diego, La Mesa, and the County of San Diego.   


Jessica has authored or advised on nearly ten local ballot measures to regulate cannabis 
businesses.  Successes include Measure U in La Mesa and Measure V in Lemon Grove in 2016 
and Measure H in Encinitas in 2020.  As part of this work, Jessica has won writs of mandate at 
the local and appellate level to compel local governments and registrars of voters to accept 
petitions and count voter signatures. 


Jessica represents people facing discipline or loss of state and local licenses, particularly in the 
cannabis industry.  She began her career in criminal defense and continues to take select cases.  
Jessica has unique experience with the crime-fraud exception to attorney-client privilege and the 
duties of an attorney under investigation or facing criminal charges.   


Outside of her law practice, Jessica is an advocate for cannabis and broader drug policy reform.  
She is an advisory board member for A New PATH, an organization dedicated to promoting 
therapeutic rather than punitive drug policies.  Jessica served as a consultant for the American 
Civil Liberties Union Foundation of Northern California about how Proposition 64 affects 
criminal justice reform and individual rights.   


Jessica grew up in San Diego and graduated summa cum laude from Scripps College before 
attending the University of San Diego School of Law on a Dean’s Honor Scholarship.  She has 
spoken at conferences and taught continuing legal education classes for organizations and law 
schools including the National Cannabis Industry Association Business Summit & Expo, California Lawyers Associatoin,
Practicing Law Institute, International Cannabis Bar Association, San Diego County Bar 
Association, and University of San Diego School of Law.  Her publications include “Attorney 
Ethics and Cannabis: Conflicts of Laws, Conflicts of Interest, and Attorney-Client Privilege for 
Cannabis Practitioners” (CLA Real Property Journal Vol. 38, No. 4 2020).

 


Sophia Cope's Profile

Sophia Cope Related seminars and products

Senior Staff Attorney

Electronic Frontier Foundation


Sophia Cope is a Senior Staff Attorney on the Electronic Frontier Foundation's civil liberties team, working on a variety of free speech and privacy issues. She has been a civil liberties attorney for over 15 years and has experience in both litigation and policy advocacy. Her writing has appeared in the New York Times, Guardian, Slate, and Huffington Post.

Prior to joining EFF, Sophia spent eight years in Washington, DC. She worked at the Newspaper Association of America (now, the News Media Alliance) on freedom of the press and digital media issues, with a focus on protecting journalists' confidential sources. She advocated for a federal shield law, a warrant-for-content requirement under the Electronic Communications Privacy Act, and improvements to the Freedom of Information Act. She also wrote a chapter for a book published by the American Bar Association entitled & Whistleblowers, Leaks and the Media: The First Amendment and National Security & and spoke out against NSA surveillance.

Prior to NAA, Sophia worked at the Center for Democracy & Technology on a variety of civil liberties and human rights issues related to the Internet and technology, including the regulation of content on the Internet and broadcast television, and the privacy implications of government identification programs; she also worked on the development and launch of the Global Network Initiative.

Before moving to Washington, Sophia litigated at the First Amendment Project in Oakland, California, where she defended an environmental activist against a frivolous lawsuit and a video journalist against a federal subpoena seeking his unpublished footage; she also counseled clients on how to obtain greater access to public records and public meetings.

Sophia was an adjunct professor of media law for nearly four years, teaching Washington-areaundergraduate communication and journalism students. She is a graduate of Santa Clara University and University of California, Hastings College of the Law. She is proud to be a native Californian.


Hannah Stitt's Profile

Hannah Stitt Related seminars and products

Founder & Shareholder

Tectonic Law PC


Hannah Stitt is an intellectual property litigator and the founder of Tectonic Law (based in San Francisco, California). She provides services to businesses and entrepreneurs innovating in the following areas: Health & Wellness (including the cannabis industry), Internet and Information Technology (including cryptocurrency and blockchain industries), Creative Arts & Media (including publishing and digital art), and Environmental Sustainability. Ms. Stitt focuses her practice on litigation and disputes involving brands, trademarks, copyrights, privacy rights and related business claims. Her clients are both domestic and international, and of all sizes from startup to conglomerate.

 

Ms. Stitt graduated with Honors from the University of California Davis, earning degrees in both Religious Studies and Film Studies. She went on to earn her J.D. from the University of California College of the Law, San Francisco (formerly Hastings), receiving a certificate of concentration in the area of intellectual property law. She has been named a Super Lawyer/Northern California Rising Star by her colleagues in the legal profession continuously since 2019 (a distinction granted to less than 2.5% of lawyers).

 

A core value of both Ms. Stitt’s is providing services to folks impacted by the drug war and “left behind” by current medical and recreational markets opening up across the country. Between October 2016 and December 2021, Ms. Stitt was a volunteer member of the Prisoner Advocacy Network (a project of the San Francisco Chapter of the National Lawyers Guild) (PAN). While with PAN, Ms. Stitt assisted California prisoners to navigate the intricacies of the civil administrative legal system in order to meet their basic needs and human rights. This work exposed her to the system-imposed inequities experienced by the US’ most vulnerable population. She brings her pro bono experiences holding the government to account into her day-to-day practice for private clients.

 

Ms. Stitt was an active member of the Ethics Committee for the International Cannabis Bar Association (INCBA) between January 2018 and December 2022. She contributed significantly to the Ethics Committee’s proposed model rules of professional conduct for attorneys serving clients in regulated cannabis markets, and pushed the committee to develop a model evidentiary rule to protect attorney work product. Her advice and counsel has shaped the market.

 

Please send her an email, or a message through tectoniclaw.com.


Heather Segal's Profile

Heather Segal Related seminars and products

Segal Immigration Law


Heather Segal is the founding partner of Segal Immigration Law with over twenty years of experience in immigration law. She practices exclusively in the area of Canadian immigration law and American immigration law. She spent 10 years as a Director on the AILA Board of Governors. She has volunteered on AILA National Department of State Liaison Committee, as well as the liaison for Customs and Border Protection, Heather is recognized by the Who's Who Legal as a Global Leader in Corporate Immigration as well as Best Lawyers in Canada. She regularly speaks on Cannabis as it relates to border crossing issues. Heather holds a Masters of Law degree from Boalt Hall School of Law, Berkeley. She also published work for a symposium at the Hague Academy of International Law on climate change and the displacement of people.


Alternate Options

Hemp: USDA Interim Final Rule and What it Means for Hemp Clients
Original Program Date: 07/24/2020 - SKU INCBA072420HEOD
Cannabis Appellations of Origin: Redux
Original Program Date: 07/24/2020 - SKU INCBA072420CAOD
Event and On-site Consumption
Original Program Date: 07/24/2020 - SKU INCBA072420EVOD
Regulating Alternate Means of Consumption
Original Program Date: 07/24/2020 - SKU INCBA072420REOD

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