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On Demand

Navigating Free Speech Rights & Restrictions on Cannabis Advertising


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Categories:
Advertising, Packaging and Labeling
Faculty:
Ms. Christine A Baily, JD |  Josefine Nowitz |  Ari Bargil |  Bryna Dahlin
Duration:
1 Hour 06 Minutes
Format:
Audio and Video
SKU:
INCBA080825speechOD
License:
Access for 6 month(s) after purchase.



Description

This panel brings together legal experts and cannabis industry professionals to analyze the legal implications of cannabis businesses' exercise of their free speech rights in advertising. The panel will discuss the First Amendment rights of cannabis businesses under the U.S. Constitution, and their analogous rights under state constitutions, and how those rights are limited by the federal Controlled Substances Act prohibition against cannabis advertising. The panel will also examine the efforts of federal and state regulators to restrict advertising and explore the inherent challenges of monitoring and enforcing such restrictions. The panel will provide a comprehensive review of court decisions in which cannabis businesses have challenged state advertising regulations on federal and state constitutional grounds. Finally, the panel will discuss strategies for cannabis businesses seeking to balance the exercise of their free speech rights against the risk of enforcement actions by federal and state regulators.

Credits


General

This program is eligible for 1 hours of General CLE credit in 60-minute states, and  hours of General CLE credit in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules. 

INCBA webinars are generally eligible for credit in the following states: AR, AL, CA, CO, GA, HI, IL, NJ, NM, NY, ND, PA, TX, VT. Additional states may be available for credit upon self-application by attendees. States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program.

The on-demand version of this webinar is eligible for credit in the following states: AR, AL, CA, CO, GA, HI, IL, NJ, NM, NY, ND, PA, TX, VT. Additional states may be available for credit upon self-application by attendees.

(Default credit disclaimer updated 02.08.2024)


For current accreditation status, please select your jurisdiction below.



Handouts

Faculty

Ms. Christine A Baily, JD's Profile

Ms. Christine A Baily, JD Related Seminars and Products

Owner/Managing Member

C Baily Law LLC


Christine Baily advises cannabis clients on navigating the complex legal requirements and risks of operating in regulated markets and anticipating changes on the federal level. https://www.cbailylaw.com/. Prior to establishing her firm, she was the founding General Counsel for the MA Cannabis Control Commission, the first state in the Northeast to stand up the medical and recreational/adult programs. She advises cannabis and hemp businesses and investors in MA, ME, and CT. www.linkedin.com/in/christine-baily-96.


Josefine Nowitz's Profile

Josefine Nowitz Related Seminars and Products

SVP of Growth Marketing

Champ Digital


Josefine Nowitz started her career working at Champ, where she spent many years servicing clients in a variety of industries, as well as providing corporate marketing and business development support to the organization. Josefine and CEO, Seth Worby, saw an opportunity in 2016 to focus on the cannabis industry as a niche, so they partnered to launch Cannabis Creative.

A gifted speaker, leader, and educator, Josefine has been featured in CBD Today, MG Magazine, and the NCIA Podcast. She holds an MBA from Fitchburg University and a BA in Business Administration in Operations & Information Management from the Isenberg School of Management, University of Massachusetts, Amherst.

Josefine moved from the East Coast to the West Coast in 2017 to fully immerse herself in the cannabis market, but continued to stay involved and play a role as a managing partner on the Board of Directors for Cannabis Creative. She is now back on the East Coast, in a more hands on role at CCG and Champ, spearheading lead generation efforts.


Ari Bargil's Profile

Ari Bargil Related Seminars and Products

Senior Attorney

Institute for Justice


Ari Bargil is a senior attorney with the Institute for Justice. He joined IJ’s Florida Office in September of 2012, and litigates constitutional cases protecting economic liberty, property rights, school choice, and free speech in both federal and state courts.

Ari is co-lead of IJ’s Zoning Justice Project, a campaign to protect and promote the freedom to peacefully and productively use property. As part of that work, Ari frequently represents property owners battling aggressive zoning regulations and excessive fines in state and federal court nationwide. He has represented a small-business owner in Dallas, Texas, and a married couple in Wilmington, North Carolina, in challenges to highly controversial “amortization” ordinances—laws that unconstitutionally seek to eradicate already-existing legal land uses. Ari has also litigated in state and federal court challenging the constitutionality of catastrophic fines for trivial code-enforcement violations. As part of his First Amendment practice, Ari has litigated in federal courts of appeals on behalf of both a state-licensed medical-cannabis dispensary owner in Mississippi who was prohibited from advertising his lawful business and a holistic health coach in Florida who was forced to obtain state Licensure in order to speak to her clients about their health.

In addition to maintaining an active litigation practice in all of IJ’s core areas, Ari also regularly testifies before state and local legislative bodies and committees on issues ranging from occupational licensing to property rights regulation. Ari has also spearheaded several successful legislative campaigns in Florida, including the effort to legalize the sale of 64-ounce “growlers” by craft breweries and the Florida Legislature’s passage of the Right to Garden Act—a reform which made it unlawful for local governments to ban residential vegetable gardens throughout the state.

Ari’s work has been featured by USA Today, NPR, Fox News, Washington Post, Miami Herald, Dallas Morning News and other national and local publications.

A native Floridian, Ari attended the Florida State University College of Law. He received his undergraduate degree from the University of Florida in 2006.


Bryna Dahlin's Profile

Bryna Dahlin Related Seminars and Products

Chair, Cannabis Industry Group

Benesch


Bryna Dahlin is a partner and chair of the Cannabis Industry Group at Benesch, where she works on the cutting edge of an emerging industry known for its regulatory complexity and challenging legal and business landscape. For nearly a decade, she has advised companies in all sectors of the cannabis space including growers, manufacturers, distributors, dispensaries, investors and ancillary businesses. She also advises non-cannabis companies that are impacted by cannabis laws. Her clients are nationwide and range from new entrants in the space to publicly-traded companies operating across dozens of states.

Bryna enjoys helping clients achieve their business objectives and prides herself on gaining a keen understanding of their operations. She offers real-world guidance that is clear, practical, and always focused on achieving client objectives. She understands the challenges in the cannabis industry and loves nothing more than seeing her clients grow and meet their business goals.

Bryna advises clients across the country on issues of regulatory compliance, risk avoidance, company formation and structuring, licensing, corporate and transactional matters, including mergers and acquisitions, advertising and product packaging, brand strategy and intellectual property protection. She also performs legal due diligence for investors in the cannabis space, and guides hemp, health and beauty brand clients in navigating Cannabidiol (CBD) and Food and Drug Administration (FDA) laws.

Bryna is also a skilled trial lawyer who uses her skills to help clients avoid and mitigate risk, and she does not hesitate to litigate when the circumstances call for it. Beyond cannabis, she has represented prominent food, pharmaceutical, entertainment, advertising, technology and consumer product companies in an array of high-profile cases.

Bryna’s career trajectory reflects her commitment to pursuing her professional aspirations regardless of the obstacles. When the cannabis industry was in its infancy, she left her position with a global law firm and co-founded the first cannabis law firm in Illinois before later bringing this practice to Benesch. Bryna serves as pro bono counsel to the Chicago chapter of the National Organization for the Reform of Marijuana Laws (NORML). She is a founding member of the Illinois Cannabis Bar Association, and member of the International Cannabis Bar, National Cannabis Industry Associations, and Illinois Women in Cannabis.

Bryna has lectured across the country on the ever-evolving landscape in cannabis law and served as an adjunct professor at Chicago-Kent College of Law, where she taught Illinois’ first law course on cannabis. She is nationally ranked by Chambers & Associates for cannabis law, is a Global Top 200 cannabis lawyer, and her cannabis practice group is recognized by the prestigious Legal 500. Past honors have included Crain’s Notable Women in Law, Super Lawyers, and the National Law Journal’s 40 under 40 in Chicago.


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