Page 5 - 2016 Legal Symposium Mailer WAIVED Registration

TUESDAY, MARCH 15

7:30 AM Continental Breakfast

8:15 AM Marijuana Malpractice

Your state has or wants to “legalize” marijuana, even though it remains illegal under federal law. This conflict has caused

problems in the banking industry because of federal RICO laws and with insurance companies refusing to insure a criminal

activity. Under the Model Rules of Professional Conduct, could it create turmoil within the legal profession as well? This

session will compare and contrast the legal progression of the alcohol industry with what we have seen in the emerging

“legal” marijuana industry and discuss which alcohol doctrines could be applied to marijuana. Speakers to be named

9:15 AM Break

9:30 AM Coping With Craft TENTATIVE PROGRAM & SESSION DESCRIPTIONS (CONT.)

The growth and maturation of the “craft” segments of the beverage alcohol industry are creating new challenges for
attorneys, regulators, legislators, and businesses. With the intent of spurring in-state economic growth, legislators are
trying to find ways to assist the “local” or “craft” manufacturers, while alcohol policymakers, regulators and businesses are
focusing on ways to legally implement these changes in the shadow of the commerce clause and their state’s regulatory
and business environments. Should there be a legal definition of a “craft” manufacturer? How do legislators balance the
interest of in- and out-of-state manufacturers? Can states keep up with the continued proliferation of craft products?
These are some of the questions that will be discussed during this session

Thomas Lisk, Eckert Seamans Cherin & Mellott, LLC

10:30 AM Break

10:45 AM Definition of a Manufacturer

As manufacturers try to garner special treatment from state legislatures for locally produced alcoholic products, the tax
implications of an unclear definition of manufacturer/supplier may be significant. If a brand is produced in Indiana but
bottled in Virginia, are the Virginia manufacturers legally entitled to a special tax and listing treatment? What happens
when a national manufacturer buys a craft distillery? Does the national manufacturer get the same favored treatment
the small craft distiller received prior to the purchase? Who should be considered the “manufacturer” of a private label?
If it’s the owner of the label, as in some industries, is that illegal under tied-house restrictions? It would seem that a
consistent answer could lead to chaos, but shouldn’t clarity be required under the law?

Nina McDermott, Utah Department of Alcoholic Beverage Control
Vicky McDowell, The Presidents’ Forum of the Distilled Spirits Industry

11:45 PM Closing Remarks and Adjournment