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It’s Legal, Or Is It? – A Look At The Legalities Of CBD

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Alex Berger
Attorney at Emerge Law Group
+ 5 speakers
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CBD Expo MOUNTAIN 2019
October 12, 2019, Denver, USA
CBD Expo MOUNTAIN 2019
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About speakers

Alex Berger
Attorney at Emerge Law Group
Marc Ross
Founding Partner at Sichenzia Ross Ference LLP
Alex Buscher
Attorney at Buscher Law LLC
Corey Cox
Attorney at Vicente Sedeberg LLP
David Bush
Senior Attorney at Hoban Law Group
Henry Baskerville
Fortis Law Partners at Managing Partner

Alex J. Berger focuses his practice on regulatory compliance issues in the medical and recreation marijuana and emerging industrial hemp spaces. He assists clients in navigating the often complicated, ambiguous, and uncertain path toward maintaining lawful and compliant marijuana and hemp businesses. He also helps clients with cannabis-related business and land use needs. Alex has served on several state agencies’ Rules Advisory Committees, lending his legal expertise and knowledge to help the various regulators craft reasonable and straightforward regulations to the benefit of a safe and prosperous cannabis industry. He strives to ensure that small local businesses and larger multi-national conglomerates alike receive a fair shake from state regulators and helps businesses address potential compliance issues before they arise. Prior to joining Emerge Law Group, Alex served as an associate attorney at Schwabe, Williamson & Wyatt in its general and commercial litigation groups. While in law school, he served on the Hastings Law Journal editorial staff, externed for the Honorable Edward M. Chen at the US District Court for the Northern District of California, and served as a Certified Law Clerk for the San Francisco Public Defender’s Office. Alex is a Portland native, and a proud Lincoln High School alum. Go Cards!

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SRF’s Cannabis Law Group is led by founding partner, Marc J. Ross. Marc Ross, who is recognized for his knowledge and experience in this area, regularly speaks on topics concerning marijuana and marijuana-related businesses, including CLE credited seminars. As a pioneer in the East Coast Cannabis Space, in addition to his practice, Marc is also an adjunct law professor at Hofstra University School of Law, currently starting his fifth year of teaching one of the first classes in the United States dealing with marijuana and businesses, titled Business and Law of Marijuana.Mr. Ross pioneered the first law school course on marijuana at Hofstra University School of Law, titled Business and Law of Marijuana. In his course, Mr. Ross introduces students to the rapidly-developing legal questions encountered in the operation of marijuana-related businesses. The course uses a fictional business, Cannabis Inc., to explore (1) the interplay between state laws legalizing recreational and/or medical marijuana uses and the Federal Controlled Substances Act; (2) enforcement and application of other regulatory regimes governing the operation of marijuana-related businesses, such as banking and securities laws; and (3) the ethical considerations for an attorney advising a client engaged in a marijuana-related business

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Alex Buscher, Esq. is the founder of Buscher Law LLC, a firm focused on regulatory compliance, licensing, corporate law, food & drug law, and commercial transactions in the legal cannabis industry. Buscher gained regulatory, negotiation, and drafting experience through lobbying cannabis issues at the Colorado Capitol, interning for State Senator Kerry Donovan, and negotiating performance contracts for WME country musicians. While at Sturm College of Law, Buscher co-authored a groundbreaking legal research paper regarding the legality of CBD under state and federal law.

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Corey is a Denver-based attorney with Vicente Sederberg LLP, the nation’s preeminent cannabis law firm. Corey is a member of the firm’s hemp and cannabinoid practice group where he focuses his efforts on regulatory compliance, risk management and policy in the hemp space. He regularly assists businesses across the hemp supply chain to identify, understand, and comply with applicable regulatory requirements. This includes securing necessary local, state and federal licenses or registrations to cultivate hemp and/or manufacture hemp products; guiding clients through FDA regulation of consumable products containing hemp and CBD; and working with clients to review, design and implement packaging, labeling and promotional materials. Recently, Corey has worked to submit testimony and written public comment to FDA in response to the agency’s request for scientific data and other information related to products containing cannabis and cannabis-derived compounds. He was also a featured speaker at a recent national hemp conference, where he addressed the market outlook for hemp products, especially supplements and food containing hemp-derived CBD and other cannabinoids. Corey is a Colorado native and two-time graduate of the University of Colorado. Prior to joining VS in February 2016, Corey worked in the Office of Compliance Services for the University of Colorado Athletics Department.

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David B. Bush earned his B.A. in economics at Colgate University and and an M.S. in agricultural economics at the University of Arizona before earning his J.D. from the University of Wisconsin Law School. He practiced law in Wisconsin and Minnesota before moving to Colorado in 1997. David worked as a staff attorney at the office of the Colorado Attorney General and the Denver District Attorney, before joining the civil litigation firm of Markusson, Green & Jarvis in 2000. In January 2015, David expanded his practice to offer legal services in hemp business law, regulatory compliance and dispute resolution. In January 2017, he joined the Hoban Law Group, where he continues to serve farmers, processors, manufacturers, retailers and other professionals in industrial hemp and marijuana. David is admitted to practice in all courts in Colorado, as well as the United States Court of Federal Claims in Washington, DC. He is a member of NORML. David also is a member of the Hemp Industries Association, the oldest

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Henry Baskerville is an experienced trial lawyer who focuses on complex commercial litigation, white collar criminal defense, government contracts, construction law, and marijuana law. Henry has represented numerous individual and corporate clients in a wide variety of disputes, including breach of fiduciary duty, fraud, fraudulent transfers, alter ego, trade secrets, restrictive covenants, False Claims Act claims (qui tam cases), breach of contract, labor and employment disputes, securities, and bankruptcy and receivership proceedings. He has tried cases in courtrooms across the country and has handled appeals to the Fourth Circuit, Seventh Circuit, and Tenth Circuit Courts of Appeals. Henry frequently represents parties in disputes over ownership of closely held companies.

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About the talk

Ongoing acceptance and ease of restrictions on CBD and other cannabinoids has led to an industry boom. Yet exact legalities often remain murky and confusion exists within both the public and powers that be. Grandmas are still being arrested at airports with legal CBD tinctures and truckloads of hemp are being confiscated by the highway patrol. So with all of this cannabinoid chaos still surrounding CBD, what is and isn’t legal exactly? This panel observes and dissects the letter of the law encompassing CBD to clarify and inform as legal issues surrounding the cannabinoid progress.

00:21 Introduction

05:28 FDAs prohibitions on CBD products

11:09 Does FDA have an authority on state regulations?

19:00 Can FDA regulate hemp cartridges and cigarettes?

21:27 What is a medical claim?

23:05 Are you liable for customer testimonials?

24:12 Is DEA concerned about hemp?

25:12 Hemp as a dietary supplement

26:35 How long will it take for FDA to regulate hemp?

28:55 Is FDA going after topical products?

34:53 The legality of sample trials

36:21 What should you do if you receive an FDA warning letter?

39:50 Safe banking act

44:55 Q&A

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Welcome everybody. This is the legalities of the CBD panel where we will be discussing the legalities of CBD the lack thereof the gray area that CBD sort of occupies in both federal and state law. My name is Alex Berger. I'm an Attorney with Emerge Law Group, which is Oregon's first full-service cannabis Law Firm. I specialize in a Regulatory Compliance both on the Cannabis side and on the inside as well as business transactions and some land use first thing that I have to get out of the way. This is super lawyer RI,

but I have to mention that none of the information that's giving today is legal. It is official legal advice. And none of the information given create any sort of attorney-client relationship between the panels in yourselves. Also, I'd like to make this as much of a conversation as possible. So if you guys have any questions throughout the panel up, please just raise your hand and someone will come around with a microphone and you can ask you question because after all, we're here for you guys, so whatever questions you have, please don't hesitate throughout the panel. We have a lot to

cover not a whole lot of time. So without further Ado, I'm going to ask the paddle us to go ahead and introduce themselves. Hi, I'm Henry Baskerville. I'm a managing partner of Fortis Law Partners a boutique law firm located here in Denver. We specialize in helping small and emerging companies and have a fairly robust cannabis practice. I have served as outside general counsel for a number of cannabis and CBD companies. Well happy

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Alex Berger
Marc Ross
Alex Buscher
Corey Cox
David Bush
Henry Baskerville