On October 28, 2014, the United States Department of Justice issued a “Policy Statement Regarding Marijuana Issues in Indian Country.” In this Statement, the DOJ stated that its enforcement priorities will apply “in the event that sovereign Indian Nations seek to legalize the cultivation or use of marijuana in Indian Country.”
Indian tribal governments are now considering whether to legalize marijuana for medicinal, agricultural, or recreational use on par with state governments. Twenty-three states have legalized marijuana for medicinal use and another four have legalized it for anyone over age 21. Most widely observed, however, are the states of Colorado and Washington, which have fully legalized recreational marijuana use in accordance with elaborate regulatory schemes.
For tribal governments considering legalizing marijuana within their territories for medicinal or commercial purposes, there are many difficult considerations to address. Marijuana remains a Class I controlled substance illegal under federal law, yet the DOJ guidance memoranda set enforcement priorities that must be met for federal recognition of tribal sovereignty. How can tribal governments best self-govern in this area?
Who Should Attend
The “Tribal Marijuana Workshop: Implementation Considerations” will appeal to a wide variety of individuals interested in understanding the legal and business considerations implicated in pursuing marijuana legalization in Indian Country:
Tribal government officials and business managers interested in generating new government revenues and providing cannabis-based medicines within their territories
Tribal health professionals interested in understanding the potential medicinal benefits of marijuana or concerned with substance abuse risks
Indian and non-Indian investors, marijuana businesses and ancillary service providers looking to expand into Indian Country
About the Co-Sponsors
Robert Odawi Porter is one of the leading attorneys in the United States regarding the protection and expansion of American Indian tribal government sovereignty and treaty rights. His unique background as an in-house tribal attorney, a tribal business executive, and an elected president of the Seneca Nation of Indians, as well as serving as a tenured professor of Indian law and policy at three national universities, gives him an unparalleled experience platform to assist his tribal clients in seizing opportunities and resolving complex issues at the intersection of law, politics, business, and social policy. As the legalization of marijuana continues throughout the United States, Rob will assist tribal officials and others in attendance to achieve a better understanding of the legal, political and social policy issues associated with marijuana legalization to help guide decision-making on the issue in Indian Country.
Hilary Bricken is one of the premier cannabis business attorneys in the United States. She helps cannabis companies of all sizes with their cannabis related legal issues, ranging from corporate structures and intellectual property protection to branding, licensing, and application of cannabis laws. She worked extensively with lobbyists and the Liquor Control Board on I-502 implementation, Washington’s recreational cannabis law. In 2013, based on her work in the marijuana industry, the Puget Sound Business Journal named Hilary one of seven Deal Makers of the Year and DOPE Magazine named her its Marijuana Industry Attorney of the Year in both 2013 and 2014. In 2014, Hilary was named a “Rising Star” and a “Top Rising Star of Washington Women Attorneys” by Super Lawyers Magazine. Hilary sits on the board of the National Cannabis Industry Association and she frequently testifies before both state and federal government bodies regarding cannabis regulations.
Robert McVay provides domestic and international clients with the business law advice they need to plan, protect, and expand their cannabis businesses. He works closely with companies and entrepreneurs at every stage of development to assess their legal needs and to pursue their long-term goals. Robert has assisted countless clients with corporate formation, complex corporate transactions, regulatory compliance, and intellectual property protection. He is a frequent speaker and writer on the finance law side of the cannabis business. Robert graduated, cum laude, from Georgetown Law, where he served as editor-in-chief of the Georgetown Journal of International Law.
For Registration and Additional Information: firstname.lastname@example.org
The Tribal Marijuana Workshop: implementation considerations
12-1 p.m. Registration
1:00 p.m. Introduction and Opening Remarks
Speaker: Robert Odawi Porter
1:15 p.m. Marijuana Policy Overview
2:00 p.m. Asserting Tribal Jurisdiction and Self-Governance Over Marijuana
Speaker: Robert Odawi Porter
2:45 p.m. Marijuana Business Development Considerations
1. Business Structures
2. Banking and Money
3. Federal and State Taxes
4. Contracts and Dispute Resolution
5. Intellectual Property Protections
Speaker: Hilary Bricken
3:45 p.m. Government Relations: Ensuring Tribal Sovereignty to Decide Marijuana Policy and Anticipating Federal and State Concerns
Speakers: Robert Odawi Porter
Henry Cagey, Lummi Nation Council and former Chairman
Todd Bertoson, Dentons US LLP (Washington)
4:45 p.m. Deciding Whether to End Tribal Marijuana Prohibition and Pursue Commercial or Medicinal Marijuana Ventures
Robert Odawi Porter
5:30 p.m. Conclusion and Question and Answers
When: Thursday, June 4, 2015 from 1:00 PM to 6:00 PM (CDT)
Where: Radisson Hotel & Conference Center Green Bay 2040 Airport Drive Green Bay, WI 54313