MAR 28, 2018 01:30 PM PDT

Interplay Between Federal Law and State Law Regarding Marijuana Laws

C.E. CREDITS: P.A.C.E. CE | Florida CE
Speakers
  • Attorney, Barrett & Matura, P.C.
    Biography
      Jeff Matura is a founding shareholder of Graif Barrett & Matura, P.C. His practice emphasizes commercial litigation, municipal and governmental law, and insurance law. He is AV-Rated by Martindale-Hubbell, which is the highest peer-review rating an individual lawyer can receive. He has also received the Rising Stars designation by Super Lawyers.

      In his commercial litigation practice, Mr. Matura represents private and public companies in a variety of matters, including contract disputes, fraud claims, employment issues, insurance disputes, and other business-related issues. Mr. Matura works closely with in-house counsel on all business matters, and often serves as the first person to call when a company lacks its own established in-house legal department.

      Mr. Matura is also the head of the firm's medical cannabis and marijuana law practice group. In this capacity, he advises dispensaries, cultivation facilities, and other licensed entities and individuals regarding compliance with the Arizona Medical Marijuana Act. He also provides counseling regarding corporate structures, contracts, policies and procedures, and licensing issues that arise with the growing, production, and sale of medical cannabis. When disputes arise, Mr. Matura handles litigation matters involving all aspects of medical cannabis, including disputes against the Arizona Department of Health Services.

      In his municipal and governmental law practice, Mr. Matura represents towns, cities, and counties throughout Arizona. Mr. Matura defends these municipalities against civil rights claims, employment disputes, housing matters, police enforcement issues, and other contested actions. Mr. Matura serves as the town or city attorney for several municipalities, works closely with a Town or City Manager, and often appears before a Town or City Council to provide advice on pending matters and updates on important laws. Mr. Matura also has specialized knowledge and experience regarding the Civil Rights Act, the Arizona and Federal Fair Housing Acts, reasonable accommodation requests, law enforcement disputes, and public records requests. Mr. Matura also testifies before the Arizona State Legislature to provide input on behalf of clients on proposed legislation that could impact municipalities.

      In his insurance law practice, Mr. Matura represents international and national life insurance companies, property and casualty companies, and other insurers. He often represents these insurers against first-party breach of contract and bad faith lawsuits, analyzes claims and medical payment issues, and advises insurers on their business needs and compliance with Arizona insurance laws.

      Mr. Matura handles disputes from their inception and through trial. He has completed numerous jury trials in federal and state courts. He has also completed more than 50 administrative trials before various regulatory and administrative bodies throughout Arizona.

    Abstract:

    More than half of the states around the country have legalized marijuana laws that permit individuals to use marijuana for medical or recreational purposes.  However, the possession and use of marijuana remains illegal under federal law. The interplay between federal law and state laws has therefore created confusion among marijuana producers, sellers, and users.  This discussion will explore this interplay and provide practical advice on how to operate under today’s changing and conflicting legal landscape.

    Learning Objectives: 

    • Understand the interplay between federal prohibition of marijuana for any use and state laws that permit marijuana use for particular purposes
    • Understand how states deal with the government’s refusal to remove marijuana as a Schedule 1 drug
    • Understand the likely future developments in marijuana laws and whether the government and the states will ever agree on those laws

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