Interstate Commerce in Theory: Raich, the Dormant Commerce Clause, and How Challenges to Social Equity Programs Could Impact Interstate Cannabis Commerce

Fatima Afia Related Seminars and Products

Associate

Rudick Law Group, PLLC

Fatima Afia is a cannabis attorney and civil litigator at Rudick Law Group, PLLC, with a background in commercial and business litigation, land use and landmarks law matters, and disability insurance law. As a litigator, Fatima was an instrumental member of the litigation team behind Washington v. Barr, a pro-bono lawsuit brought against the federal government that sought to declare the federal law criminalizing cannabis unconstitutional. As part of her work in Washington v. Barr, Fatima led the effort in securing overwhelming amicus support before the U.S. Supreme Court from seven members of Congress, 19 disparate and highly regarded organizations, and two eminent cannabis researchers and scientists. In connection with her disability insurance work, she has helped secure and maintain disability benefits for clients from some of the largest disability insurance companies in the United States, playing a vital role in the firm's successful administrative appeal against Unum Insurance Company which resulted in an award of approximately $1 million in retroactive benefits for the client. 

As a cannabis attorney, Fatima assists cannabis clients navigate the legal cannabis and hemp industry in the areas of corporate law and regulatory compliance, business transactions, litigation, and state licensing applications in various jurisdictions including New York, Massachusetts, and New Jersey. Fatima is also a social equity advocate, providing instrumental testimony to the Cannabis Control Commission in Massachusetts in 2019 which resulted in an expedited license application-review process for women-and-minority-owned businesses that were unfairly excluded from the regulatory definition of a social equity applicant. Fatima is also an article contributor for Marijuana Venture, has regularly organized and chaired CLE panels and events for the International Cannabis Bar Association (“INCBA”), and is the Co-Chair of INCBA’s CLE Committee. She was the Moot Court Winner at the Medical Cannabis Conference held at Columbia University in 2019, and in 2021 was named a Rising Star by Super Lawyers Magazine.

Fatima attended Brooklyn Law School where she graduated in the top 20% percent of her graduating class. 

Whitney A. Hodges Related Seminars and Products

Partner

Sheppard, Mullin, Richter & Hampton LLP

Whitney Hodges is a partner in the Real Estate, Energy, Land Use & Environmental Practice Group in the firm's San Diego office. She is the leader of the firm’s Cannabis Industry Team and serves on the firm's Pro Bono, Recruiting and Diversity & Inclusion committees, as well as numerous industry specific teams.

Areas of Practice

Whitney's practice focuses on the representation of clients involved in real estate development. She advises and represents major residential, industrial, commercial and mixed-use development projects, as well as Native American Indian tribes and renewable energy developers through all phases of the land use regulatory process and environmental compliance. Her land use experience includes real estate due diligence investigations, negotiating and drafting development agreements, processing land use entitlements, advising tribal governments on environmental and natural resources law, and appearing before governmental agencies and commissions. She also represents developers and management in traditional labor law issues, including union negotiations. Whitney also advises cannabis companies and ancillary businesses on state and local regulatory compliance and real estate transactions.

Real Estate Development

Real estate development has grown increasingly complex and controversial requiring knowledge of applicable federal, state and local laws, as well as the ability to work with a wide range of diverse interests including governmental agency staff, elected officials, landowners, environmental organizations and citizen groups. Whitney’s ability to work with such diverse interests to develop creative, practical and economical solutions is demonstrated by her involvement in the successful approval and permitting of multiple residential, commercial, industrial and mix-used developments during the past several years. Current projects include redevelopment, infill and mixed-use developments throughout southern California, including San Diego, Los Angeles and Riverside counties.

Environmental Compliance

Whitney has assisted public and private sector clients in obtaining permits and approvals from various federal agencies, and has successfully guided clients through the maze of federal, state and local environmental clearances necessary for development including the requirements of the National Environmental Policy Act (NEPA), California Environmental Quality Act (CEQA), California Fish and Game Code, Subdivision Map Act, California Community Redevelopment Law (including associated dissolution legislation and successor statutes), California Coastal Act, Clean Water Act, Endangered Species Act, California Superfund Law, Tribal-State Compacts, and Multiple Species Conservation Programs (MSCP).

Whitney also has significant experience in working closely with clients and consultants on due diligence review of land use issues, which includes local zoning ordinances, general plans, redevelopment agency plans, and related land use restrictions. Her working knowledge of environmental constraints and the development process proves invaluable when investigating the potential purchase of real estate and the subsequent preparation of acquisition documents.

Litigation

An experienced litigator, Whitney has handled actions involving development disputes, environmental compliance, real estate transactions, and union disputes. She has represented developers in complex civil litigation and defended challenges to development approvals.

Whitney serves as general counsel for the San Diego Humane Society and is on the Board of Directors for YWCA.  Whitney is a registered lobbyist with the City of San Diego, the County of San Diego, San Diego Regional Airport Authority, the San Diego Port Authority and the City of Los Angeles. Additionally, Whitney also is a committed pro bono attorney and, in 2016, she was honored with the firm’s Bob Gerber Pro Bono Attorney of the Year Award in recognition of her commitment to volunteering legal services to those in need.

Randal John Meyer Related Seminars and Products

Executive Director

Global Alliance for Cannabis Commerce

Randal John Meyer is the Executive Director of the Global Alliance for Cannabis Commerce. Mr. Meyer is widely recognized as one of the foremost legal and government affairs experts in cannabis, honored by the National Law Journal as a 2022 Cannabis Law Trailblazer and Business Insider as a 2021 Top Cannabis Lobbyist. Previously, Mr. Meyer served as legislative counsel to a U.S. Senator and a legal associate in the Cato Institute’s Center for Constitutional Studies before entering private practice as an appellate litigator and a lobbyist in international law firms. His work on the topics of cannabis and criminal justice reform have been published widely in such outlets as The Wall Street Journal, Chicago Tribune, San Francisco Chronicle, National Law Journal, National Review Online, New York Post, and Newsweek, and has been featured in publications such as the Washington Post and Los Angeles Times.

Joseph Segilia Related Seminars and Products

Partner

Sullivan & Worcester LLP

Joe Segilia is a partner in the capital markets group at Sullivan & Worcester LLP. Joe's practice focuses on corporate and securities matters, including capital markets transactions, securities laws, and mergers and acquisitions. He advises clients with respect to ongoing corporate governance and disclosure matters, including compliance with Securities Exchange Act of 1934 requirements, stock exchange listing standards and Sarbanes-Oxley Act compliance. Prior to joining Sullivan, Joe was one of the first in-house counsels of a publicly-traded cannabis company.