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Cannabis

The Committee’s core mission is to facilitate a forum to promote education on claims and litigation management relative to all aspects of the cannabis industry including current legal and regulatory compliance, claims handling and litigation management best practices that are unique to this highly regulated industry and related underwriting issues. As the risks and insurance needs of licensed cannabis companies cross multiple legal areas and all insurance lines, much greater attention to its impacts on insurance is necessary for this expending sector of the economy. The Committee will educate CLM membership to effectively manage claims and litigation in this challenging regulatory environment.

Announcements

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ANNOUNCEMENTS

12/16/2020 Hello,

Mark your calendar:

The Cannabis Committee’s conference call is scheduled for today, Wednesday, December 16th at 1:00 pm ET. Here is your call info:
  1. Join Zoom Meeting: https://us02web.zoom.us/j/88152076677
  2. By Phone (for higher quality, dial a number based on your current location):
        US:
    +1301 715 8592
        Meeting ID: 881 5207 6677
An agenda will be posted in the notes below. 
11/10/2020 Hello, 

Mark your calendar:

The Cannabis Committee’s conference call is scheduled for  Thursday, November 19th at 1:00 pm ET. Here is your call info:

 Join from PC, Mac, Linux, iOS or Android: https://meetings.ringcentral.com/j/1493208411
 
By Phone (for higher quality, dial a number based on your current location):
 1 (470) 869-2200
    Meeting ID: 149 320 8411
 
International numbers available:  https://meetings.ringcentral.com/teleconference
10/29/2020 Hello,
 
Please see the notes from yesterday’s call (to be used in tandem with the October 2020 Agenda posted in the Notes section below).
 
Keep in mind that all items discussed on our calls can go toward drafting an article for the Cannabais eNewsletter in CLM Magazine (see Publication Subcommittee), our quarterly webinars (see Webinar subcommittee), or as a panel for our Conferences – Focus November, Annual Conference, and other possible conferences (see Conference Subcommittee):
 
  • Neil Willner: We discussed New York’s proposed hemp cannabinoid regulations.  And the upcoming UN vote to make CBD a controlled substance.
 
  • Ron Mazareigos: NJ AB 1708 advancing in the house and now going to the state senate. This bill would require comp carriers to reimburse for MMJ
    • Also, Daniel Wright v. Central Mutual, Mass Supreme Court held that WC carriers were not responsible for reimbursing an injured worker for MMJ
 
  • Larry Powers: NJ legislature article possible, dispensaries having trouble keeping up w/ medical marijuana demand
 
  • Neil Willner: saw article on marijuana… head of judiciary committee looking to push through recreational sales of marijuana rather than waiting for legislature
 
  • Lisa Simon: publication came out on the links to marijuana health risks
 
  • Ian Stewart: working w/ group putting on education to doctors on cannabinoid risk, advent academy has good data on that. not a lot of lawsuits around medical E&O
 
  • Lisa Simon: wrongful death suit filed w/ family of woman who died after consuming gummy, in Insurance Journal
 
  • Louis Pippin: In Cali, we learn that premise behind gummy case was that heavy metals had substantive issue, created bodily injury (specifically nickel). All products were tested… but nickel stopped being tested. Although they have some nickel in cannabis (soil) they no longer test for that
 
  • Eric Mack: we’re in Massachusetts, just passed ice cream truck model of delivery for marijuana, bypass all dispensary retail to do B2B sales. Its something we hoped wouldn’t pass due to logistics, but it did. Few transporters follow DOT rules
  While the CCC did not place a limit on the number of vehicles a licensee could have, commissioners also voted to prohibit the so-called “ice cream truck” inventory model, meaning that all products being transported must be tied to a specific, individual order “to prevent entities from operating as mobile warehouses or retail stores.”
 
The final delivery regs will be voted on today.
10/25/2020 Hello, 

Mark your calendar:

The Cannabis Committee’s conference call is scheduled for  Wednesday, October 28th at 1:00 pm ET. Here is your call info:

 Join from PC, Mac, Linux, iOS or Android: https://meetings.ringcentral.com/j/1480943231
 
By Phone (for higher quality, dial a number based on your current location):
 1 (470) 869-2200
    Meeting ID: 148 094 3231
 
International numbers available:  https://meetings.ringcentral.com/teleconference
9/24/2020 Hello,
 
If you are interested in speaking in the upcoming 2020 CLM Focus (November) Virtual Conference, please see the available panels below and reach out to Khadijah.Johnson@theclm.org.
We’re preferably looking for CLM Fellows (Industry professionals: risk and litigation managers, insurance and claims resolution professionals, corporate/staff counsel) to join these panels:

 
Cannabis: Navigating the Federal and State Regulatory Scheme
Federal and State Cannabis (Hemp and Marijuana) regulations continue to be a patchwork of rules that often collide and which are difficult to identify and navigate. These challenges have been complicated by recent enforcement efforts by the FDA and FTC, as well as private litigation. In this presentation, we will discuss current regulations impacting Hemp and Marijuana products, including but not limited to CBD. The discussion will focus on a Federal and a State Overview, interaction between State and Federal Regulations, preemption, labeling and packaging, banking, and more.         
Speakers:
Kim J. Sveska, Foley, Baron, Metzger & Juip, PLLC
Jennifer Mason, Dinsmore & Shohl LLP
 
Election Results and the Prospects for Cannabis Reform  
This presentation will take place on the day following the 2020 election. Based on the results, the presenters will discuss the prospects for federal marijuana legalization and the outcome of state ballot initiatives. Joining this session is Michael Correia, director of government relations for the National Cannabis Industry Association. As the cannabis industry's most prominent lobbyist, Michael raises awareness and builds support for the cannabis industry on Capitol Hill. Issues to be discussed include cannabis-related legislation in the upcoming Congressional term, SAFE Banking, protections for insurance companies, opportunities for government through cannabis taxes and municipal bonds, pathways for regulation of cannabis by federal agencies, continued protections for the cannabis industry in budget amendments, and coalition building through public/private partnerships around cannabis."  
Speakers:
Ian Stewart, Wilson Elser Moskowitz Edelman & Dicker LLP
Michael Correia (Pending)