Power to the People: Kern County Measure D Will Give Voters Control of Medical Cannabis
CaliforniaMedical MarijuanaUncategorized February 20, 2020
Last week, I presented oral argument to the Fifth District Court of Appeal in support of the people’s right of referendum. Long story short, the Kern County Board of Supervisors banned medical marijuana dispensaries in 2011, the people protested via referendum petition, and to this day the County has refused to comply with the legal…
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Social Media Bans on CBD Ads Make No Sense
HempUncategorized December 13, 2019
Last month, comedian Sacha Baron Cohen delivered a now widely shared keynote speech at an Anti Defamation League event in New York, in which he spared no harsh words for social media companies who he claims provide a platform for hate speech and the proliferation of fake news. In his speech, Cohen offered sharp criticisms for…
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California Cannabis Litigation: We Argue the Kern County Appeal in February
CaliforniaUncategorized December 13, 2019
As we have written about previously, we represent a property owner and retailer in an appeal against Kern County pending in the Fifth Appellate District (County of Kern v. Alta Sierra Holistic Exchange Service, Case No. F077887). The legal landscape for cannabis regulation in Kern County has been in flux since 2009, when the…
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Dealing with Cannabis Agencies or Municipal Governments? Learn Your Regulatory Language
Uncategorized July 17, 2019
Cannabis companies in regulated states like California often find themselves needing to report to their licensing agency or the municipal government that gave them permits when it comes to pretty much any change in their business, owners, or financiers. These communications typically include: Requesting to modify business operations or their premises Reporting changes to the…
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Protection of Adult-Use Cannabis from Federal Enforcement Passes House in Resounding Bipartisan Vote
Uncategorized June 23, 2019
On Thursday, the United States House of Representatives voted 267-165 to prohibit the United States Department of Justice from using appropriated funds to interfere with state-legal cannabis programs. The Rohrabacher-Farr Amendment (a.k.a. the Hinchey–Rohrabacher, Rohrabacher-Blumenauer, and Joyce Amendment) has provided similar protection to state-legal cannabis programs over the past decade, but only to medical programs….
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California’s illicit market for cannabis is booming—not just out in remote grows deep in the wilderness, but also in delivery and even brick-and-mortal retail stores in big cities all over the state. Our California cannabis attorneys regularly receive questions from licensed cannabis companies about what they can do to stay competitive in the face of…
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Cannabis Law and Policy: What I’ve Learned From Teaching
Medical MarijuanaRecreational MarijuanaUncategorized June 11, 2019
For the past three years, I have taught a class called “Cannabis Law & Policy” at Lewis & Clark Law School here in Portland, Oregon. It’s a seminar that meets for two hours a week for upper level students. Per the syllabus, learning objectives for that class are: 1) students should be able to understand…
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California Cannabis Litigation: Alta Sierra v. Kern County and Protecting the Will of the Voters
CaliforniaUncategorized May 18, 2019
Kern County has a long and sordid history when it comes to regulating cannabis. There has been over a decade of allegations of corruption, bribery, arrests, and a plethora of lawsuits. Long story short, in March of 2009, the County passed an ordinance that permitted medical marijuana dispensaries throughout the County as long as they…
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MLK Day 2019: Marijuana and Civil Rights
Medical MarijuanaRecreational MarijuanaUncategorized January 21, 2019
Happy MLK Day! For our international readers, Martin Luther King, Jr. Day is a federal U.S. holiday marking the birthday of its eponymous civil rights hero. Dr. King was the chief spokesperson for nonviolent activism in the Civil Rights Movement, which successfully protested racial discrimination in federal and state law. Dr. King was assassinated in…
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We have handled a number of excessive fines cases on behalf of clients who’ve had their property seized, or threatened to be seized by the government. For some background on this, see our blog posts here and here. The United States Constitution provides that excessive bail shall not be required, nor excessive fines imposed, nor cruel and…
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