WHO WE ARE

The newly approved Cannabis Law Section is charged with serving as the New York State Bar Association’s focal point for the evolving legal status of Cannabis at both the state and federal level.

This emerging, constantly evolving legal industry provides our members with the opportunity to have a significant impact. Our members are helping to shape this new and complex industry.

We hope you’ll join us on this mission.

SECTION BENEFITS

Cannabis law is perhaps one of the fastest growing yet complex areas of the law that poses a broad spectrum of challenges. This Section seeks to help NYSBA lawyers give their clients better advice through sharing educational resources, and otherwise helping New York set the highest possible legal and business (including advice to medical professionals) standards for legalized Cannabis products.

 

 

To help expand the reach of the Cannabis Law Section to the entire NYSBA membership, some of our members have volunteered to be Liaisons with other NYSBA Sections. Please feel free to contact your Section’s liaison from the list below to learn how you can get involved.

Business Law Section – Glenn J. Witecki, Esq.
Corporate Counsel Section – Lee Williams, Esq.
Criminal Justice Section – John Joseph Montes, Esq.
Elder Law and Special Needs Section – Jeffrey A. Asher, Esq.
Entertainment, Arts and Sports Law Section – Diane Krausz, Esq.
Environmental and Energy Law Section – Telisport W. Putsavage, Esq.
Executive Committee – Jonathan B. Behrins, Esq.
Food, Drug & Cosmetic Law Section – Brian J. Malkin, Esq. and Thomas J. Schultz, Esq.
General Practice Section – Elisa Strassler Rosenthal, Esq.
Health Law Section – Sandra Jensen, Esq., Noah B. Potter, Esq. and Jay B. Silverman, Esq.
Intellectual Property Law Section – Robert Laurence Greenberg, Esq.
International Law Section – Jose Alberto Campos, Esq.
Labor and Employment Law Section – Alyson Matthews, Esq., Geoffrey A. Mort, Esq. and Samuel Sverdlov, Esq.
Real Property Law Section – Aleece E. Burgio, Esq.
Tax Section – Jason Klimek, Esq.
Trusts and Estates Law Section – Regina Kiperman, Esq.
Young Lawyers Section – Michael James Sullivan, Esq.

Join Now

Contact the Cannabis Law Section Liaison

To learn more about this Section, please contact Jessica Kirker
jkirker@nysba.org
518-487-5654

Please do not contact the Section liaison with a request for legal advice or an attorney referral. You can instead visit our ‘Public Resources’ or ‘Lawyer Referral Service’ page for this type of request.

Jason W. Klimek, Esq.
Harris Beach Murtha
Rochester, NY

Jason’s comprehensive understanding of the cannabis industry complements his experience as a successful corporate and tax attorney, uniquely qualifying him to counsel cannabis companies on business and tax matters. A co-leader of our Cannabis Industry Team, he’s developed a stellar reputation working with cannabis companies of all forms and sizes on entity selection, taxation, funding, licensing, regulatory navigation, employment issues, securities transactions and a host of other matters. As New York rolled out its legal cannabis market, Jason worked with lawmakers and regulators to help develop the Marijuana Regulation and Tax Act that legalized cannabis use, as well as some of its subsequent regulatory components. He also worked closely with conditional adult-use retail dispensary licensees, cultivators, processors, cannabis labs and several multi-state operators throughout the drawn-out legalization process, assisting them with building their businesses from the ground up. His deep experience and knowledge led to frequent speaking and writing engagements on the topic of cannabis law, as well as to being appointed the chair of the New York State Bar Association’s Cannabis Law Section’s Tax Committee and the Cannabis Association of New York’s Policy Committee chair.
Jason’s extensive knowledge of tax law benefits his corporate clients in many ways. In addition to cannabis companies, he frequently works with technology startups on the complex tax issues they face in launching a business. His corporate and tax experience includes structuring entities, advising on regulatory compliance, handling mergers and acquisitions, licensing work, analyzing tax implications for C Corporations, S Corporations and LLCs, stock and asset sales, drafting purchase agreements and many other business matters. He is a frequent speaker and writer on topics such as entity structure, corporate taxation, partnership taxation, taxation of intellectual property and personal taxation.

NYSBA Committee on Cannabis Law- Comments on Discussion Draft of the Cannabis Administration and Opportunity Act

FDA Report to the U.S. House Committee on Appropriations and the U.S. State Committee on Appropriations (March 2020)

Initial Report Regarding Legalized Cannabis Legislation in New York State (January 31, 2020)

2020 NY CANNABIS PROPOSAL

NY HEMP ACT S.6184-A

NYS AUDIT OF INDUSTRIAL HEMP PROGRAM

Cannabis Law Programs

Secure and Fair Enforcement (“SAFE”) Act, H.R. 1595, passed September 26, 2019

ABA Resolution 104 (August 2019) Encouraging state primacy in cannabis regulation; removal of cannabis from Schedule 1 and more cannabis research

NSYBA Press Release: Committee on Cannabis Law to Study Possible Adult Use Legalization

FDA Issues Warning Against Vaping THC

Cannabis Law Section Committee

CLE Online on Demand

Cannabis Update 2019
2.0 MCLE Credits | 2.0 Areas of Professional Practice

CBD Oil, Hemp and Cannabis Update | What Lawyers Need to Know in Advising Clients
1.0 MCLE Credit | 1.0 Areas of Professional Practice

Hot Topics in Cannabis Law: CBD Rulemaking, CRTA, Advertising Issues and Ethical Considerations
4.0 MCLE Credits | 3.0 Areas of Professional Practice, 1.0 Ethics

Hot Topics in Cannabis Law: What Lawyers Need to Know
4.0 MCLE Credits | 3.0 Areas of Professional Practice, 1.0 Ethics

Practical Implications of Decriminalized Marijuana for the Legal Practitioner
6.5 MCLE Credits | 6.5 Areas of Professional Practice

Cannabis Law Update 2018
1.0 MCLE Credit | 1.0 Areas of Professional Practice

Legislative Developments in Medical Marijuana in New York 2018
3.0 MCLE Credits | 3.0 Areas of Professional Practice

Patient, Provider and Registered Organizations Perspective on Medical Marijuana and Adult Use in New York
3.5 MCLE Credits | 3.0 Areas of Professional Practice, 0.5 Ethics

Cannabis Law in New York State and the U.S. 2018
3.0 MCLE Credits | 3.0 Areas of Professional Practice

Medical Marijuana and Adult Use in New York
3.5 MCLE Credits | 3.0 Areas of Professional Practice, 0.5 Ethics

Cannabis & Cars and Handling DWI Drug Cases
2.0 MCLE Credits | 2.0 Areas of Professional Practice

Federal

21 U.S.C. 801 et seq. (the CSA)
The Cole Memorandum (DOJ guidance to US Attorneys regarding enforcement of the federal marijuana ban)
BSA Expectations Regarding Marijuana-Related Businesses (FinCen guidance to banks regarding providing services to marijuana-related businesses)
Rohrabacher Farr Amendment (appropriations rider that bars the DOJ from spending appropriated funds to prevent the implementation of state medical marijuana laws)
United States v. McIntosh, 833 F.3d 1163 (9th Cir. 2016) (key case interpreting Rohrabacher-Farr)
Sessions Memorandum on Marijuana Enforcement [January 4, 2018]

New York
New York Marijuana Regulation and Taxation Act
NY.gov Cannabis Website
NY Compassionate Care Act (original enabling legislation)
NY Medical Use of Marihuana Program Regulations (implementing regulations)
NY State Medical Marijuana Program (program website)
NY State Bar Association, Opinion 1024, Counseling Clients in Illegal Conduct: Medical Marijuana Law
Assessment of the Potential Impact of Regulated Marijuana in New York State (New York State Department of Health, July 2018)
New York State Interagency Working Group to Study Possible Legalization
New York State Conducts 17 Regulated Marijuana Listening Sessions
New York State’s Medical Marijuana Program: NYCRR Part 1004

NYSBA Articles of Interest
State Bar News Article – Cannabis Committee Created
State Bar News Article – Making Sense of NY Cannabis Law
NYSBA Press Release – NYSBA Creates New Committees to Examine Cannabis and Transportation Law
The Environmental Lawyer Article – Legal Pot Industry Bugged by Lack of Pesticide Guidance by Telisport W. Putsavage

Academic Blogs and Research Sites
Brookings Think-tank that conducts research on marijuana policy (among other topics)
Marijuana Law, Policy, and Authority. Law professor blog and textbook website covering broad range of developments in marijuana law. By Professor and Committee on Cannabis Law Academic Advisor Robert Mikos.
Marijuana Law, Policy & Reform. Law professor blog covering broad range of developments in marijuana law. By Professor Doug Berman.
National Conference of State Legislatures (NCSL). Compiles information on state marijuana reforms.
RAND Drug Policy Research Center. Think-tank that conducts research on marijuana policy (among other topics).
Social Science Research Network (SSRN). Searchable database of social science research on marijuana law and policy (among many other topics).


Bar Association Groups
Michigan State Bar Marijuana Law Section
National Cannabis Bar Association
Oregon State Bar Cannabis Section

News Sites
Cannabis Law Report. News site covering broad range of topics concerning marijuana, and especially marijuana law.
The Cannabist. News site started by Denver Post; covers broad range of topics concerning marijuana.
Cannifornian. News site started by several media outlets; covers broad range of topics concerning marijuana, with a particular focus on California.

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