Law for Conscious Leadership

Law for Conscious Leadership is a boutique firm supporting social enterprise, cooperative culture, and the sharing economy. I am on a mission to serve my community by helping awesome people do awesome things.

My clients have bold ideas for how to create a sustainable economic system where sharing and cooperation are valued and encouraged, and I help them craft the agreements and execute the plans they need to succeed. I strive to be a balanced part of our economic system and my fee arrangements will reflect that. I have years of experience building partnerships around energy, the environment, and susta

Operating as usual

06/28/2021

www.supremecourt.gov

Constitutional law nerds that despise #cannabis prohibition rejoice! the cracks in the Raich line of argument are starting to show!!https://www.supremecourt.gov/opinions/20pdf/20-645_9p6b.pdf

www.supremecourt.gov

[06/23/21]   Just got off the ISDA rulemaking session for the new #h**p rules in Idaho. RETAILERS need to be super-duper cautious still. This new legislation and rulemaking do NOT create a licensing regime that clearly allows retailers to sell h**p products that have THC. The police position during the legislative session was "No THC on the streets." This bill was to support farmers, not product manufacturers or retailers. There is some more clarification work that needs to be done, but for now, I would recommend not selling THC products unless you're super risk-tolerant for criminal prosecution.

ABOUT US 06/16/2021

ABOUT US

I'm doing some research for a cooperative client and am reminding myself how incredible the work of the East Bay Permanent Real Estate Cooperative is and wanted to share it! https://ebprec.org/about-us Please check out what they have done / are doing / will keep doing!

ABOUT US

2021 H**p Legislation Overview + Anticipations 06/12/2021

2021 H**p Legislation Overview + Anticipations

Here is a link to the outline I used for The H**p Convention gathering last night! TL/DR? A h**p licensing regime is coming to Idaho this fall! But exercise care in the meantime - there are some gray areas relating to retail of THC containing h**p products.https://docs.google.com/document/d/1SyQIs53g6sLfM-zGBa9bsJzGw8XTshzOkuUaOGJxdbA/edit?usp=sharing

2021 H**p Legislation Overview + Anticipations 2021 H**p Legislation Overview + Anticipations Synopsis HB 126 became law in Idaho on April 16, 2021. https://legislature.idaho.gov/sessioninfo/2021/legislation/H0126/ The legislation had 4 key components: Creates new agricultural law: “Industrial H**p Research & Development Act” (I.C. §§ 2...

Lost Grove Brewing Becoming a B-corporation — FARE Idaho 01/15/2021

Lost Grove Brewing Becoming a B-corporation — FARE Idaho

Very cool, Lost Grove Brewing!!! You know I love a good B-Corp!

https://www.fareidaho.org/blog/lvba8hcbkbhln7pmc2q3fo793gdmzg-jmwj9

Lost Grove Brewing Becoming a B-corporation — FARE Idaho When Jake Black first conceptualized Lost Grove Brewing, he wasn’t thinking of B Corporation certification. Sure, he wanted to create a business that was environmentally sustainable; and yes, he wanted to use the brewery as a way to give back to the Boise community; and of course, he wanted to pri...

01/11/2021

Great opportunity for nonprofits and social justice organizations!

Are you registered for next week’s DEIJ webinar series (hosted by Idaho Nonprofit Center)? You can attend one, some, or all sessions for free or contribute a donation if you like.

Registrants will have access to view the recordings later. We hope to see you there!
REGISTER HERE: https://idahononprofitcenteridassoc.wliinc33.com/events/Idaho-Nonprofits-Diversity-Equity-Inclusion-and-Justice-Webinar-Series-268/details

#ImageDescription White color bold text reads “diversity, equity, inclusion & justice” below this in thinner white smaller font text reads “January 12, 13, and 14, 2021” with a single dot before and after the text. Above the text is a large white heart. All of this rest on top of a spring green background.

sister.is 12/28/2020

Proposals for the Feminine Economy — Sister

As someone conditioned to value my masculine traits more than my feminine ones when it comes to "work life", I'm so grateful for this resource. Perhaps you will enjoy it, too!
https://sister.is/proposals-for-the-feminine-economy

sister.is Cultivate loving, healthy relationships with plants, animals, people & the earth. Commune. Think about our shared future.

harrisbricken.com 12/14/2020

Oregon H**p: ODA Withdraws H**p Plan Submitted to USDA - Canna Law Blog™

Well this is an interesting move from Oregon! Thoughts?
https://harrisbricken.com/cannalawblog/oregon-h**p-oda-withdraws-h**p-plan-submitted-to-usda/

harrisbricken.com The Agriculture Improvement Act of 2018 (2018 Farm Bill) removed h**p and its derivatives from the definition of ma*****na under the Controlled Substances Act (CSA) and provided a detailed framework for the cultivation of h**p. The 2018 Farm Bill also gave the US Department of Agriculture (USDA) reg...

[12/06/20]   I'm really really grateful for this progress! The fact that this many Congressmembers feel this way now is HUGE. Let's celebrate the positives. [No thanks to Idaho's House Reps Simpson & Fulcher who voted no, unsurprisingly]

That said . . . it sucks that even a federal decriminalization law probably won't persuade the religious drug warriours in Idaho to update our prohibitions. The legislation doesn't mandate any changes in state laws. It does require federal districts to start processing expungements and stop prosecuting! Yeah! But THC and cannabis flower/leaf will NOT be legal in Idaho until the Idaho legislature enacts our own reforms.

11/20/2020

Thrive Loan - MoFi

Was your business profitable in 2019 but, due to COVID-19, not doing so well now? Do you need capital to get through winter but aren't confident waiting for new legislation to go through?

My clients at FARE Idaho shared this funding opportunity and I'm happy to share it with you all: https://www.mofi.org/thrive-loan/

mofi.org

docs.google.com 10/15/2020

Benefit Corporations: Thoughts to Consider When Advising Clients

I taught a class on benefit corporations to my fellow Idaho business lawyers today!

docs.google.com Benefit Corporations: Thoughts to Consider When Advising Clients Kelsey Jae, JD/MPP Fellow, Sustainable Economies Law Center www.lawforconsciousleadership.com [email protected]

07/30/2020

This is an awesome graphic on the current federal policy around h**p & its most famous component, CBD. Word on the street is the FDA will be issuing some guidance soon on food and beverages. In the mean time, make good choices :)

07/16/2020

Childcare Cooperatives - Co-opLaw.org

So many of my friends are parents and they are full of angst trying to figure out how to care for, protect, educate, and socialize their children during a pandemic. Child care cooperatives are a great option to help spread the tasks around a community!!!
https://www.co-oplaw.org/co-op-basics/types/childcare-cooperatives/

co-oplaw.org Childcare Cooperatives ContentsResources on Childcare CooperativesChildcare Cooperatives and Childcare Licensing LawsBite-Sized Legal Guide: How To Run a Co-Op Child Care Arrangement Resources on Childcare Cooperatives Childcare cooperatives take shape on a spectrum from casual babysitting exchanges...

isb.idaho.gov 06/19/2020

Child Abuse in Affluent Families - State Bar

This month's Idaho Advocate (Idaho's lawyer magazine) features an article by me about child abuse in affluent families. People often visualize poor people when they think of abuse and neglect. But abuse happens in all segments of the human population. The system does handle wealthy families differently, though. Read on, and let me know your thoughts.

https://isb.idaho.gov/blog/child-abuse-in-affluent-families/

isb.idaho.gov By Kelsey J. Nunez The desire to write this article came to me while I was watching a TV show. One of the characters was a super rich, super popular high school bully. He was so mean, exhibiting piercing cruelty and callousness. It was easy to despise him. But as his character developed, we started....

figure8investing.com 06/08/2020

Taking a Stand for Change: How to Give Now – Figure 8 Investment Strategies

This message is from my friends at Figure 8 Investment Strategies and is targeted towards those blessed with stable incomes and reliable wealth who are looking for ways to make their money useful!
https://figure8investing.com/?p=730

figure8investing.com

06/07/2020

I am honored to be serving as legal counsel for the new organization, FARE Idaho. Please read more about where we stand on ending white supremacy in the food, agriculture, restaurant, and beverage industry.

Our food, agriculture, restaurant, and beverage industries were built not only by the often unjust and inequitably compensated labor of black, indigenous, and other people of color, but also by their ingenuity, talent, skills, and grit. Community members who work our fields, own our farms, operate our restaurants, produce our beverages, and process our food live with race-based injustices on a constant basis.

FARE Idaho is committed to elevating the voices of and supporting black, indigenous, and other people of color and to challenging white supremacy and injustice across the complex and interrelated food system.

Please read the rest of our statement on fareidaho.org

#blacklivesmatter

theselc.org 06/05/2020

We are in Solidarity with the Movement for Black Lives

These words were drafted by my colleagues at the Sustainable Economies Law Center, and I wanted to share because it hits me deep to my core and emphasizes how much work I have left to do. My own anti-racist journey is in the adolescent stages, I think. I never considered myself "racist", like most of the nice white people in the predominantly white spaces I operate in. For the last few years, I've received help from the BIPOC in the Intersectional Idaho group and exposed myself to much-needed discomfort to understand my own role in benefiting from and perpetuating white supremacy. White silence is violence and white apathy kills. I'm committed to using my legal and policy skills to support the #blacklivesmatter movement and seek Racial Justice Now - Boise and Beyond. I invite you to hold me accountable.

https://www.theselc.org/we_are_in_solidarity_with_the_movement_for_black_lives

theselc.org Black lives matter.

05/04/2020

You all know how much I love local food economies, farmers, bartenders, servers, cooks, gardens, and hardworking nice people! Well hot damn, I'm so stoked to have been invited to be the attorney for the new organization FARE Idaho. Please let us know if you'd like to be involved!

We have heard from independent businesses and workers across the food and beverage spectrum, and all are asking “who represents us during this time?”
FARE Idaho is a new alliance that will allow our industry (Food, Agriculture, Restaurants & Beverage Establishments) to have a statewide focus. We are here to represent everyone in the food industry.
Learn more at our website, http://fareidaho.org

04/20/2020

NATUROPATHIC MEDICAL BOARD

You all may know about my other venture, The Vervain Collective. To support that community, I applied to join the Naturopathic Medical Board under the Idaho Board of Medicine. We've been working to create a framework for licensing naturopathic medical doctors that does not inhibit the freedom of people to practice natural health without a license if they so choose. Check out our new website: https://bom.idaho.gov/BOMPortal/BoardPage.aspx?Board=NMB

bom.idaho.gov CORONAVIRUS (COVID-19) INFORMATION The Naturopathic Medical Board is an advisory body to the Idaho Board of Medicine. The Naturopathic Medical Board is responsible for making recommendations to the Board of Medicine concerning the qualification of applicants for licensure of naturopathic medical doc...

theselc.org 04/16/2020

Webinar: Invest in Humans Now: How to lend your retirement savings to friends, family, yourself, and other humans in your community

Is this something that interests any of you? "Many people don’t realize that they can borrow from their workplace 401(k)s or set up self-directed 401(k)s and IRAs, from which you can lend to friends, family, yourself, and other community members."
https://www.theselc.org/nexteggwebinar_20200423

theselc.org In this webinar we’ll: Hear from people who have either loaned or borrowed from retirement savings to pay off high interest debt, pay for college, or make a home down payment Explain how people can borrow from workplace retirement plans Review options for self-directing retirement savings Talk thr...

04/09/2020

I love seeing my super cool clients and friends uniting in sustainable, collaborative business!!

We are excited to announce a new retail partner. You can pick up Chocolates by Josh products at Lark & Larder in Boise. This shop is packed full of local food and artisan products.
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#boiseidaho #shoplocal #localbusiness #farmraised #chocolate #wine #beer #cheese #peanuts #soap #jewelry

[03/26/20]   Worker cooperatives! An alternative to bankruptcy for locally owned small businesses with employees that are invested in the work and don't want the company to fail.

[03/21/20]   I'm sad. I'm mourning. I'm scared. I'm trying to be hopeful. I'm trying to remember how many people have been working hard to create more sustainable communities, with fair and collaborative transactions. Local food economies where soil and relationships are richly nourished. Meaningful livelihoods where workers own their time and skills. I'm trying to balance my fear response with my "what can I do to help" response.

02/24/2020

The Treasure Valley H**p Conference was awesome! My slides for The Law & Policy of H**p have been posted to my website. Here they are! Anyone with agricultural interests in Idaho: now is the time to contact your legislators! https://docs.google.com/presentation/d/1Us6-vxKrs_lYc057bGSFYKGv2EcvvO5tFHNX2OyiDcI/edit#slide=id.p

[02/19/20]   I work well with clients such as: (1) people who run businesses while trying to live their lives compassionately, authentically, and in a manner that serves the community; (2) people who have modest estates and need to plan for their death; (3) people who are getting divorced but want to do so with kindness so they can avoid mutual destruction; (4) people on a budget who need a lawyer willing to work low-bono. Know anyone looking for a lawyer like me? Send them my way!

[02/06/20]   I had to summarize "Is CBD legal in Idaho" into 100 words. Check it:

"Anyone who studies plant medicine knows cannabis is powerful. Thanks to decades of activism, laws are finally changing around the country. But Idaho is clinging to the war on drugs, so users of CBD and cannabis products ought to be careful.

In Idaho, "ma*****na" is illegal. That means zero THC or anything from the cannabis sativa plant that didn't come from mature stalks, seeds, or achenes. Shops and consumers should confirm their products follow these rules.

The Idaho legislature is currently debating decriminalization, and a voter initiative is gathering signatures. The time is now to make your pro-cannabis voice heard."

01/24/2020

I’ve been studying drug policy since college, and got my only A++ in a paper analyzing the rhetoric of “Reefer Madness”. I’m so happy to see less people facing prison for choosing cannabis. However, the path is not clear yet. Lots of nuance here!

Join Kelsey Jae, JD MPP at 3 PM February 22, 2020
Health Seminars are Free and Open to the Public.

Legal & Political Issues Affecting H**p

Given the differences between federal law and state law - and the fact that Oregon and Idaho are completely different when it comes to cannabis - it can be confusing to know what is legal and what is not. Join Kelsey Jae for an overview of the current legal framework affecting h**p as well as a discussion of ongoing public policy decisions.

Kelsey Jae, JD/MPP is an attorney licensed in Idaho and Oregon. Her solo-practice at Law for Conscious Leadership focuses on supporting social entrepreneurs and collaborative culture.

https://www.treasurevalleyh**pconference.com/about-tvhc/treasure-valley-health-conference/

docs.google.com 01/10/2020

Yoga Law Presentation

This was fun to present today!
https://docs.google.com/presentation/d/1e-34LMPMQU_Em0i0uCCEil6G_AjU-4tCPtiPtipAuJw/edit

docs.google.com Lawga. Loga. Legal Issues For Yoga Teachers By Kelsey Jae *Attorney, Apothecary Owner, Yoga Lover

lawforconsciousleadership.com 10/22/2019

Compassionate Legal Counsel Supporting Social Enterprise

Hello out there! As many of you know, I recently opened a new plant-based apothecary in Garden City, The Vervain Collective! I've been asked if I'm still a lawyer and the answer is of course! I worked hard to develop a meaningful practice serving people I admire. Working for myself allows me the freedom to pursue multiple goals at once. Check out my services and let me know if you're in need of legal advice! Or come see me at the shop. Or both!

www.lawforconsciousleadership.com

lawforconsciousleadership.com Law firm supporting social enterprise, cooperative culture, and the sharing economy

[09/10/19]   Aaaah cannabis...glorious plant medicine that is still illegal in Idaho in almost all forms. Remember there is a two-prong test for determining if your CBD product is legal in Idaho (per the Controlled Substances Act).

First, it must have NO THC at all. THC is prohibited in any amount. The 0.3% threshold is federal law, and Idaho has not adopted it [yet].

Second, it cannot count as "ma*****na". It's this second part that people appear to be glossing over. Anything from cannabis is "ma*****na" UNLESS it comes from certain parts of the plant - only 5 parts are allowed: it must be derived or produced from (a) mature stalks of the plant, (b) fiber produced from the stalks, (c) oil or cake made from the seeds or the achene of such plant, (d) any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, or (e) the sterilized seed of such plant which is incapable of germination.

If you're selling CBD in Idaho, can you prove that your product complies with both prongs? If not, are you banking on non-enforcement as a legal strategy?

Location

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Law & Policy | Community Building | Education

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Boise, ID
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