Medical Marijuana Law in Delaware Training Class Presented by NBI, Inc.


A Comprehensive Overview of Medical Marijuana Legal Issues

Medical marijuana creates numerous opportunities for investors, business owners, healthcare providers and patients with qualifying conditions. It also creates a myriad of potential legal problems for those who misinterpret state law and fail to take into account the fact that marijuana remains a Schedule I controlled substance under federal law. It is essential that attorneys advising medical marijuana businesses, patients and healthcare providers have a firm understanding of state and federal laws, as well as business licensing procedures, taxation difficulties, financing pitfalls and more. Confidently navigate the many intricacies of medical marijuana law – register today!

  • Analyze federal memos on medical marijuana and make sense of contradictory government positions.
  • Advise prospective medical marijuana business owners on the in’s and out’s of licensing and compliance.
  • Ensure dispensaries properly test and package medical marijuana edibles and other products.
  • Appraise current banking difficulties for medical cannabis companies, and find alternative solutions for clients’ financing problems.
  • Employ creative tax strategies to offset the inability of medical marijuana businesses to deduct business expenses.
  • Understand what conditions qualify patients for medical marijuana prescriptions.
  • Distinguish between the ethical considerations of helping a business obtain a medical marijuana license and enforcing license rights.


  1. Federal Responses to Medical Marijuana Laws
    9:00 – 9:45, Joseph Kelley III
    1. Current Federal Enforcement Priorities
    2. Federal Memos: Contradictory Messages
    3. Outcomes for Undermining Federal Enforcement Priorities
    4. Possible Legal Consequences to Cannabis Consumers Under Federal Law
      1. Gun Control Act of 1968
      2. Federal Housing Assistance
    5. State Agencies and Federal Funding
    6. Preemption and the Controlled Substance Act
  2. Obtaining Medical Marijuana Business Licenses: Overcoming Hurdles
    9:45 – 10:30, Sheila M. Mints
    1. Types of Authorized Businesses: Dispensaries, Cultivation Facilities, Etc.
    2. Persons Prohibited from Owning and Operating Cannabis Businesses
    3. Necessary Background Checks for Owners and Employees
    4. Necessary Start-Up Funds
    5. Complying with Zoning Requirements
    6. Appeals for License Denials
    7. Overcoming Property Leasing Difficulties for Marijuana Businesses
    8. Handling License Renewals
  3. Patients, Caregivers and Physicians: Ensuring Legal Compliance
    10:45 – 11:30, Sheila M. Mints
    1. Qualifying Conditions for Medical Marijuana Prescriptions
    2. Obtaining Patient Registry Cards: Exclusions, Fees and Other Key Considerations
    3. Authorized Caregivers: Determining Eligibility
    4. Requirements and Liabilities for Physicians
    5. Where can Patients Consume Medical Marijuana?
    6. Employment-Related Concerns for Patients
  4. Essential Business Considerations for Medical Marijuana Dispensaries
    11:30 – 12:30, Steven M. Schain
    1. Marketing Restrictions for Marijuana Dispensaries
    2. Verifying Patient Information and Dosage Amounts
    3. Security and Control Requirements for Dispensaries and Producers
    4. Product Preparation and Packaging Requirements
    5. Product Testing Requirements
    6. Complying with State Inspection Requirements
    7. Obtaining Trademarks
    8. Reporting Duties to the State Licensing Authority
    9. Negotiating Third Party Agreements with Cultivators, Managers, Etc.
  5. Financing Difficulties for Lenders and Marijuana Businesses
    1:30 – 2:15, Christopher M. Winter
    1. Legal Implications for FDIC-Insured Banking Institutions
    2. Implications for Ancillary Business Service Providers
    3. Secured Real Estate Lenders and Lien Rights
    4. Due Diligence and Risk Assessment Mandates for Financial Institutions
    5. Obligation to Prepare Suspicious Activity Reports (SAR) and How They are Categorized
    6. Current and Proposed State and Federal Legislation
    7. Securing Alternate Sources of Financing: What are the Options?
  6. Medical Marijuana Business Taxation: Strategies to Overcome Current Difficulties
    2:30 – 3:30, Judith Cassel
    1. Internal Revenue Code Section 280E and Business Deductions
    2. Business Diversification Tactics: A Detailed Tax Analysis
    3. Inventory Capitalization Strategies to Reduce Tax Burdens
    4. State Medical Marijuana Taxes: Ensuring Correct Calculations
    5. Appropriate Bookkeeping Practices to Avoid Audits
  7. Ethics
    3:30 – 4:30, Christopher M. Winter
    1. Securing Licenses vs. Enforcing Rights of Licenses
    2. Duty to Pursue Justice
    3. Advising on Business Operations
    4. Conflicts with Federal Law
    5. Criminal Law Considerations
    6. Ownership of Cannabis Businesses

This intermediate level program provides a comprehensive overview of medical marijuana laws for:


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