INCBA Global Cannabis Intellectual Property Symposium 2023 session: Cannabis Patents and Plant Variety Rights - Things to Know and Challenges Unique to the Cannabis Industry
As the cannabis industry grows and more states allow cannabis licensing, the ethical duties that cannabis attorneys must balance have grown more complicated. These ethical duties require lawyers to balance and re-evaluate their duty to zealously advocate for their clients with the duty of candor, their duties to all of their cannabis clients – and, at times, their belief systems and why they entered cannabis law originally. Join our expert panel to discuss these duties and how they try to balance them in their cannabis practices and emerge with a renewed sense of how to identify issues that may challenge competing duties as attorneys and ways to resolve these conflicts.
Effective strategies for success depend on contracts. Given the complexity of the legal and regulatory landscape around cannabis, operators and ancillary providers must be creative and unique to achieve maximum results within the bounds of what is permissible. This panel will break down the many ways in which cannabis companies can effectively and creatively contract to achieve their goals.
Federal Cannabis Legislation and Regulation. Attend this session for an overview of developments in federal cannabis legislation and regulation. Panelists will address new bills, reintroductions, and what is likely to move.
Attendees will leave this panel with a deeper understanding of the current hemp and CBD legislation and proposed legislative solutions to current regulatory and legal challenges facing the hemp and hemp-derived cannabinoid industries. Panelists will do a deep dive into current legislative proposals, as well as approaches for the 2023 Farm Bill.
Pathways to Ending Federal Prohibition: An Overview of Descheduling & Rescheduling. In 2022, President Biden directed his administration to conduct a review of the status of cannabis under the Controlled Substances Act. This session examines the review process for descheduling and rescheduling and their potential impacts.
Interstate Commerce in Theory: Raich, the Dormant Commerce Clause, and How Challenges to Social Equity Programs Could Impact Interstate Cannabis Commerce. From the Supreme Court's decision in Raich v. Gonzales to recent challenges regarding state-level importing and exporting restrictions, the Constitution's Commerce Clause has played a critical role in shaping the legal cannabis industry. Our panel of legal experts will dive deep into the precedential cases and discuss recent dormant Commerce Clause challenges to the constitutionality of social equity programs nationwide.