Feature

Legal Insider: Investing in Marijuana Stocks Can Cause Loss of Security Clearance

By ARLnow.com Sponsor

This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

By John V. Berry, Esq.

If you hold or are seeking a security clearance, and you own or work in the ever-growing marijuana industry, you are likely to have difficulties obtaining or keeping a security clearance.

We have been counseling clients about this issue since at least 2010. This principle also applies to individuals that work part-time or are otherwise involved in marijuana-related businesses.

Owning stock or working for a marijuana enterprise is a reportable clearance activity when holding a security clearance and can lead to the loss of a security clearance or in one obtaining a clearance. The current marijuana policy comes from the Director of National Intelligence (DNI), by way of an October 2014 memorandum which explains current government policy.

Investments in marijuana-related companies can constitute involvement in illegal drug activities. This can be the case even where the individual does not directly choose their individual stocks and even in states where marijuana businesses are completely legal. The federal government’s current view is that an individual has a duty to know about their investments and to be knowledgeable about federal drug laws.

2014 Memorandum and Other Federal Directives

The 2014 memorandum led to Security Executive Agent Directive (SEAD) 4 in June of 2017 which provides the current basis for not granting or revoking a security clearance based on drug involvement, including investments in marijuana under Guideline H:

  1. Conditions that could raise a security concern and may be disqualifying include:

. . .

(c) illegal possession of a controlled substance, including cultivation, processing, manufacture, purchase, sale, or distribution; or possession of drug paraphernalia;

. . . .

Marijuana stocks have been touted as the new Amazon investment, according to a number of articles. However, the problem is that until the federal government changes federal drug laws or creates a caveat for marijuana businesses, individuals that invest or otherwise become involved in marijuana investments can put their security clearance (and career) at risk.

We have seen a lot of confusion on this issue since at least 2012 when a number of states started legalizing the use of marijuana. We have represented many clearance holders who have traveled to Colorado or elsewhere, where marijuana is legal, to simply try it. In some of these cases, the experimentation has cost the individual their security clearance.

It is advisable that individuals seeking to hold or obtain a security clearance refrain from investing in marijuana stocks until federal law changes. Eventually, we believe that the federal government will change their position on this issue, but for the moment investing in companies or stocks that are involved in the dispensing of marijuana can cause one to lose a security clearance.

Conclusion

If you are in need of security clearance representation, please contact our office at 703-668-0070 or through our contact page to schedule a consultation. Please also visit and like us on Facebook or Twitter.

Ballston-Based Physician Network Launches Major Expansion into New Florida Market

By Vernon Miles

Sponsored by Monday Properties and written by ARLnow.com, Startup Monday is a weekly column that profiles Arlington-based startups and their founders, plus other local technology happenings. The Ground Floor, Monday’s office space for young companies in Rosslyn, is now open. The Metro-accessible space features a 5,000-square-foot common area that includes a kitchen, lounge area, collaborative meeting spaces, and a stage for formal presentations.

Privia Health, a Ballston-based physician organization, announced last week its partnership with Health First, the first health system to join the organization.

Privia Health was officially established in 2007 as a partnership with independent physicians, but following the restructuring of the U.S. healthcare system over the last decade, the organization transitioned into the Privia Medical Group. The new focus for the organization was to help independent physicians succeed in “value-based care.” The organization’s first location opened in January 2014.

The organization now works as the management system for independent physicians, helping them manage patient health and improve care coordination. The organization coordinates health plans, health systems and employers with care provided by independent physicians.

Health First is a not-for-profit community healthcare system in Brevard County, Florida. The organization is locally owned and in 2017 provided $159 million in community support.

“Privia unites innovative leaders whose growth strategies embrace our evolving healthcare landscape,” said Shawn Morris, CEO, Privia Health, in a press release. “This unique partnership with such a progressive health system expands Privia into Florida’s growing market. We will work together with Health First and local physicians to continue improving upon the exceptional care that is delivered throughout the region while transforming the healthcare delivery experience.”

According to Amanda Wells, a spokesperson for Privia Health, with the new partnership with Health First, the organization has a presence in five markets across the United States. Wells said the ongoing goal as the organization grows is to find new methods of providing easier access to healthcare providers while reducing the administrative burden.

Wells said the Privia Health’s headquarters in Ballston gives the organization access to both medical authorities and lawmakers.

“In Arlington we have the privilege of hiring and working with some of the country’s top physicians and business professionals, creating a workforce full of employees who are incredibly talented and motivated,” said Wells. “In addition, its proximity to Washington. D.C. and policymakers are key to making sure our business is on top of the latest development in healthcare policy. We are very proud to be a part of the Arlington community, and we look forward to evolving along with the community we reside in.”

Photo via Facebook

Rethink Energy: Empowering a Greener Future

By ARLnow.com Sponsor

This regularly-scheduled sponsored column is written by the Arlington Initiative to Rethink Energy team (AIRE). This county program helps you make smart energy decisions that save you money and leaves a lighter footprint on the environment.

Congratulations to Our Lady Queen of Peace for installing 319 solar panels to harness the sun and reduce their carbon emissions!

They are thinking globally while acting locally with what is now the largest solar array at a place of worship in Arlington County.

Actions like this continue to shine a light on how one simple action can inspire others and contribute to a broader collective impact. This project adds 95 kilowatts of solar power to help move our community a bit closer to Arlington’s Community Energy Plan goals.

Arlington residential, commercial and County governmental solar installations are adding up.  Since 2009 solar capacity in Arlington has increased by more than 900%.

To date, the total amount of solar in Arlington is 1.8 MW. Arlington’s current Community Energy Plan goal is 160 MW by 2050. Every installation helps our us move the (sun) dial on solar.

The Rethink Energy Program’s Solar Co-op has supported more than 150 homeowners to install solar at a discount. Co-op installations, in addition to County Government and Arlington Public Schools solar installations, account for much of the solar growth in Arlington.

The Rethink Energy Program plans to launch another Solar + EV Charging Co-op this summer. If you want to be notified when the program launches please email: [email protected]

Open Houses in Arlington This Weekend

By ARLnow.com Sponsor

Looking for a home? There are plenty of houses and condos open for viewing this weekend.

Check out the Arlington Realty website for a full list of homes for sale and open houses in Arlington. Here are a few highlights:

2805 23rd Road N.
5BR/4 BA, 1 half bath single-family home
Agent: William G. Buck & Assoc., Inc
Listed: $1,749,900
Open: Sunday 1-3 p.m.

 

4755 34th Street N.
4 BR/2 BA, 1 half bath single-family home
Agent: Washington Fine Properties, Llc
Listed: $1,225,000
Open: Sunday 2-4 p.m.

 

6204 12th Street N.
6 BR/2 BA, 1 half bath single-family home
Agent: Keller Williams Realty
Listed: $975,000
Open: Sunday 1-4 p.m.

 

2004 N. Brandywine Street
3 BR/3 BA, 1 half bath villa/townhouse
Agent: Arlington Realty Inc
Listed: $875,000
Open: Sunday 1-4 p.m.

 

867 N. Abingdon Street
5 BR/3 BA single-family home
Agent: William G. Buck & Assoc., Inc
Listed: $737,500
Open: Sunday 1-3 p.m.

 

903 S. Rolfe Street, A
2 BR/2 BA, 1 half bath condo
Agent: Century 21 Redwood Realty
Listed: $449,900
Open: Saturday 12-2 p.m.

 

2904 13th Road S. #4302
1 BR/1 BA condo
Agent: Keller Williams Realty
Listed: $299,000
Open: Sunday 2-4 p.m.

Just Listed in Arlington

By ARLnow.com Sponsor

Just Listed highlights Arlington properties that just came on the market within the past week. This feature is written and sponsored by Team Cathell, “Your Orange Line Specialists.”

We are not alone.

Arlington’s real estate market is mirrored throughout Virginia and much of the country. In numerous conversations this week with real estate leaders nationally, other markets are seeing major inventory shortages and bidding wars on medium and lower priced homes just as we are.

But at the same time, the higher end market is stagnant if not struggling. Luxury homes (those homes priced in the top 10%) are taking longer to sell and increasingly need price reductions to attract offers.

Right now, Arlington’s market is hot hot hot, and will likely remain so until mid-May. There have been many more stories of multiple offers this week. Some 63 homes were listed this week, while 56 homes sold and 19 of those were gone in a week.

There’s a glimmer of good news for buyers, bad news for home owners. CoreLogic reports that home price appreciation has dropped significantly. While homes are still going up in value, it’s at a much slower pace.

Nationally, appreciation dropped to 4.2% in January compared to 6.8% in January 2018. The price slowdown coupled with stable interest rates at 4.375%-4.5% have improved buyer affordability.

Still, for buyers in Arlington right now it’s a jungle out there. To secure their dream home, they need to move fast, strike hard, and go BIG!

Click to see all the fresh new inventory in MRIS and call Team Cathell (703-975-2500) when you find a home you like.

Healthy Paws: Can I Catch That From My Pet? No!

By ARLnow.com Sponsor

Editor’s Note: Healthy Paws is a column sponsored and written by the owners of Clarendon Animal Care, a full-service, general practice veterinary clinic and winner of a 2017 Arlington Chamber of Commerce Best Business Award. The clinic is located 3000 10th Street N., Suite B. and can be reached at 703-997-9776.

Can I catch that from my pet? This is a common question we hear as veterinarians, and as such have made this a recurring topic. This week we debunk some myths and talk about stuff pets are sometimes blamed for — but are highly unlikely to have been obtained from your pet.

Zoonotic diseases are infectious illnesses — think viruses, bacterial infections, fungal infections, or parasites — that can be spread between animals and humans. Zoonotic diseases can be spread both ways, from animal to person AND from person to animal.

In veterinary medicine, we take zoonotic diseases very seriously to keep both the pets we care for and their humans healthy! That said, we have had, at times needed to field questions about diseases that perhaps a misinformed friend, “Dr. Google” and on occasion human medical doctors have blamed on the pets.

Pinworms & Head Lice 

Pinworms is an intestinal worm that is commonly found in young school-aged children. The primary symptom is having an itchy rear-end and they are passed easily from child to child — mostly because children don’t think to wash their hands after scratching their bums.

Sandboxes can also be common places for pinworms to pass between children. The important thing to know is that pinworms do not infect dogs and cats, so your pets are innocent.

Head Lice are tiny insects that love to live on human heads and hair, feeding on human blood. They often cause an itchy scalp and the lice or eggs may be visible on close inspection. There are many types of lice that exist, but the human head louse only wants to live on people. You won’t find these lice on other animals, so no need to inspect Fluffy.

Strep Throat

Streptococcal pharyngitis or “strep throat” is caused by a bacterial infection from Streptococcus pyogenes (group A strep). The natural host for this bacteria is humans. Some people even carry this bacteria as part of their normal flora without having symptoms. This bacteria is not found on our pets, except very transiently — i.e. for a day or two, but it doesn’t truly colonize in dogs.

The reality is that if you catch strep throat, you got it from another human. Some human doctors will request that dogs in the household be treated in family situations where people are repeatedly getting infected. The only time this remotely almost makes sense is if all the humans are also treated at the same time — but even then, the human carrier in the family will likely continue to be a carrier and continue to be a source of repeated infections.

Strep throat: https://www.cdc.gov/groupastrep/diseases-public/strep-throat.html

Lyme Disease

Lyme disease can infect both dogs and humans, but you can’t catch it directly from Fido. Lyme disease is a tick-borne disease, meaning that ticks carry this disease transmit it to a dog or person that they bite for a blood-meal. This is one of the many reasons we recommend year-round flea and tick prevention and annual screening for Lyme disease for all dogs!

It’s also why people should check themselves thoroughly for ticks after spending time in the woods… ticks are very skilled at crawling up under a pant leg or sleeve.

Lyme disease in people: https://www.cdc.gov/lyme/index.html

Lyme disease in dogs: https://www.avma.org/public/PetCare/Pages/lyme-disease.aspx

Legal Review: What are the Biggest Problems When Estate Planning?

By ARLnow.com Sponsor

By Estate Planning Attorney Steve Novak of Estate & Probate Legal Group, Ltd.

Estate planning is important, but it also becomes very challenging when certain factors are present.

In January, TD Wealth held their 53rd Annual Heckerling Institute on Estate Planning. Attorneys, trust officers, insurance experts and accountants were in attendance. Of these, 105 were asked about the biggest issues that can crop up during estate planning. The three factors these professionals identified included family conflict, market volatility and tax reform.

“These are definitely some of the biggest issues we see in our office,” says Steve Novak of Estate & Probate Legal Group. “It is for these reasons, and more, that it is so important to have an attorney by your side when estate planning. An attorney can help settle all of these issues swiftly, and ensure an estate plan is enforceable, and properly represents the individual’s best interests.”

Among all the many factors the respondents stated could present problems during estate planning, family conflict was number one. The most common type of this conflict is designating beneficiaries.

Some family members may be unhappy with who was chosen, or how much of a share they were gifted. While this may tempt some not to tell their family about their estate plan, failing to communicate the plan with family members was another form of family conflict the participants stated could cause a problem with estate planning.

Somewhat surprisingly, volatile markets can also bring complications to estate planning. Some want to gift beneficiaries with something that will be long-lasting, but short-term fluctuations can cause those making the plan real cause for concern.

Lastly, the major overhaul to tax law in 2017 is now playing a major role in estate planning. With increases in the federal gift and estate tax exemption, more people are starting to place assets they would like to gift into trusts.

This allows the gift to be considered the beneficiary’s and theirs alone. If a child goes through a divorce later in life, a trust will make it clear that it was separate property and so, protect that family member in the future.

Unfortunately, these are just the three main issues that arise most often during estate planning. They are also the biggest reasons anyone creating an estate plan should speak with an attorney that can help.

Arts Focus: Creative Entrepreneurs Workshop Series

By ARLnow.com Sponsor

This column is written and sponsored by Arlington Arts / Arlington Cultural Affairs, a division of Arlington Economic Development.

Ready to get down to business with your artistic endeavors?

Arlington Cultural Affairs, in partnership with Washington Area Lawyers for the Arts (WALA) announces the Creative Entrepreneurs Series @Arlington Arts. The six sessions (all presentations with Q&A) will be held on consecutive Wednesdays, from March 27 through May 1, from 7-9 p.m. at Theatre on the Run in Shirlington.

WALA’s Creative Entrepreneurs Series (CES) is designed to help creatives of all kinds take the next step in their professional career by creating their own business. Explore the basics of forming a business for your creative endeavors, from deciding whether to incorporate as a non-profit or for-profit entity, to understanding copyrights and trademarks, to contract and negotiation skills, and finally to taxes and understanding the grants process.

The Series offers tips on every skill you need to help you bring your best and most creative self to the community.

The Series constitutes the official launch of the Arts Enterprise Institute, a program of Arlington Arts to provide resources for artists so they can make a living as artists. Artists teaching artists is a cornerstone of our programs, which have been well received during the last year. The complete series is as follows:

  • Session 1:  Tax Strategies — March 27
    Benjamin Takis (founder, Tax-Exempt Solutions PLLC), Benjamin Grosz (partner, Ivins Phillips & Barker) and Jonathan Holbrook (associate, Ivins, Phillips & Barker)
  • Session 2:  Business Entities Formation — April 3
    Hardeep Grover (attorney, Tresquire)
  • Session 3:  Copyright/Trademark Protection & Use — April 10
    John D. Mason (Copyright Counselors, LLC) Arts/Ent. and intellectual property attorney
  • Session 4:  Contracts & Licensing — April 17
    Karl Means (Miles & Stockbridge, & fmr. Shareholder, Shulman Rogers)
  • Session 5:  Negotiation Strategies — April 24
    Facilitator TBA. Learn tips and tools for being a successful negotiator and collaborator.
  • Session 6:  Grants — May 1
    Paul Marengo (CEO, Promethean Fundraising; Volunteer Coordinator, FilmFestDC)

Since 1983, Washington Area Lawyers for the Arts has supported artistic expression and creative innovation by serving the legal needs of the Washington D.C., Virginia and Maryland arts and cultural communities. A 501(c)(3) not-for-profit organization, WALA provides access to education, advocacy, and legal services through workshops and seminars, legal clinics and pro bono legal referral services.

The series is free for WALA members, and $20 per workshop for non-members (registration for each individual workshop is required). For more detailed information on the sessions and the presenters, and to register, visit Eventbrite at this link.

Just Reduced Properties in Arlington

By ARLnow.com Sponsor

Each week, “Just Reduced” spotlights properties in Arlington County whose price have been cut over the previous week. The market summary is crafted by licensed broker Aaron Seekford of Arlington Realty, Inc. GET MORE out of your real estate investment with Aaron and his team by visiting www.arlingtonrealtyinc.com or calling 703-836-6116 today!

Please note: While Aaron Seekford provides this information for the community, he may not be the listing agent of these homes.

Who out there is ready to “spring forward” this weekend?

That’s right, Daylight Saving Time officially begins at 2 a.m. on Sunday, so get those clocks ready to be adjusted one big ole hour ahead. On the plus side, you get an extra hour of daylight. Woo! On the down side, you lose an hour of sleep. Boo! Oh well.

Speaking of springing forward, we’re seeing more listings spring onto the market (see this week’s numbers below). With our freezing temps ending (hopefully today… for a while at least), it’s a wonderful time to get out and about to find that home of your dreams.

And, when you’re ready to embark on your journey, our team is ready to spring into action on your behalf. Together, we can GET MORE out of your transaction.

As of March 4, there are 135 detached homes, 18 townhouses and 84 condos for sale throughout Arlington County. In total, 12 homes experienced a price reduction in the past week:

Please note that this is solely a selection of Just Reduced properties available in Arlington County. For a complete list of properties within your target budget and specifications, contact Aaron Seekford.

Ask Eli: Tax Assessment vs List Price — Who Is Right?

By ARLnow.com Sponsor

This regularly-scheduled sponsored Q&A column is written by Eli Tucker, Arlington-based Realtor and Rosslyn resident. Please submit your questions to him via email for response in future columns. Enjoy!

Question: I am interested in making an offer on a home, but the asking price is nearly $80,000 higher than the county’s tax value. Will I be overpaying if I offer over the tax assessment? Can I use the tax assessment to negotiate a lower purchase price?

Answer: This is one of the most common questions I’m asked by clients early in the buying process. The fact is that the majority of homes are assessed below market value (sold price) and you should not rely on the county’s assessment to determine how much you’re willing to pay for a home.

Negotiate Away, But Don’t Expect Them To Listen

As for using it in negotiations, you should find any angle you can to negotiate a better deal for yourself so if pointing out the tax assessment helps you get a better deal, by all means go for it! However, don’t be surprised when the seller or the seller’s agent quickly dismiss it, especially if they’ve seen the data presented in this column (sorry).

2018 Tax Assessment vs 2018 Sold Prices

Let’s take a look at how Arlington county’s 2018 Tax Assessment Values compared to the actual purchase price of homes that sold in 2018. The table below is based on 689 of the ~3,000 total sales in Arlington from 2018.

For some reason, the MLS doesn’t have updated 2018 tax assessments for most of the transactions hence a limited data set, but 689 data points are plenty.

In 2018, homes in Arlington sold an average of 7.6% higher than their assessed value. By comparison, Zillow claims that their Zestimates have just a 3.3% margin of error in Arlington. Just 17.1% of homes sold for less than their 2018 tax assessment and only 8.3% sold for 5% or less than the assessed value.

Appealing Your Tax Assessment

If you’re an Arlington homeowner, you should be happy to hear that you’re most likely paying taxes (.996% rate) on a value that represents less than what your home is worth.

For those of you who are not happy with the assessed value of your home, every year you have an opportunity to appeal your assessment, but the burden of proof is on you, not the county, and it’s not easy even if you have solid data. Arlington provides an informative website on the appeal process.

Quick hits on that process:

  • Your first appeal with the Dept. of Real Estate Assessments must be filed by March 1 of that year.
  • Step 1: Call 703-228-3920 for information on how your assessment was determined.
  • Step 2: File your appeal online here (First Level).
  • Step 3: An assessor will visit your home and you can provide relevant info to make your case.
  • Step 4: If you’re not satisfied with the decision or have not received written notice by April 1, file your second appeal with the Board of Equalization online here (Second Level) by April 15.
  • Step 5: If you’re not satisfied with the decision, your final option for appeal is with the Circuit Court, which will likely require you to hire an attorney.

If you’d like a question answered in my weekly column, please send an email to [email protected]. To read any of my older posts, visit the blog section of my website at www.EliResidential.com. Call me directly at (703) 539-2529.

Eli Tucker is a licensed Realtor in Virginia, Washington DC, and Maryland with Real Living At Home, 2420 Wilson Blvd #101 Arlington, VA 22201, (202) 518-8781.

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