Cannabis Track and Trace Is A Disaster Waiting to Happen—and Not for the Reasons You Might Think

Most states’ regulated cannabis regimes require licensed cannabis companies to use seed-to-sale track-and-trace software. In California, the state has contracted the entire track-and-trace program to the METRC program. The METRC program isn’t yet fully implemented because many operators don’t yet have annual licenses. Our California cannabis attorneys frequently assist clients with track-and-trace compliance and preparation….

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Evidence-Based Research Suggests Allowing Cannabis Storefront Retail Benefits Neighboring Property Values, Public Health and Safety

In 2016, California voters approved Prop 64, the Adult Use of Marijuana Act, by nearly 2 million votes. In addition to legalizing adult use and possession of cannabis, the law creates a statewide regulatory regime for commercial cannabis activity, but also provides discretion to local jurisdictions to prohibit or restrict such businesses. Almost 18 months…

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California Cannabis Litigation: Alta Sierra v. Kern County and Protecting the Will of the Voters

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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ICYMI: Phase 3 Marijuana Retail Licensing in L.A. Shoots to Commence in September

In case you missed it, at the end of last month, the City of L.A. finally decided on what to do with Phase 3 cannabis licensing regarding retail and retail delivery (see here and here for the City’s newest ordinances). In addition, City Council instructed the Department of Cannabis Regulation (“DCR”) to begin the pre-vetting process for social…

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Cannabis Securities Litigation: Hawaii Federal Court Denies Motion to Stay Civil “Pump and Dump” Case Pending Resolution of Parallel Criminal Proceedings

Cannabis is hyped as a hot investment, and it can be, though it is not without risk as a recent CNN article points out. (See also links below).  Setting aside issues concerning the federal prohibition on marijuana, the cannabis industry’s path from the black market to legalization has been rife with hucksters and promises of…

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California Proposed Williamson Act Changes Could Expand Availability of Cannabis and Hemp Farmland

California legislators have so far proposed more than 40 new cannabis laws for the 2019 session, ranging from cannabis tax reductions to banking reforms to party buses. But one bill stands out as a potentially important change to cannabis and hemp cultivation throughout the state: SB-527 would add language to a California law known as…

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Are CBD Topicals Allowed in California?

I’ve written quite a bit on the legality of hemp-derived cannabidiol (“Hemp CDB”) products in California over the past few months (see my posts on Hemp CBD in general and my specific posts about Hemp CBD in foods and hemp cultivation). One of the areas I haven’t explored in great detail is topical products, i.e.,…

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Top Five Suggested Revisions to California Form Leases for Cannabis Tenants

I cringe every time a form lease comes across my desk for a California cannabis tenant. While C.A.R. and A.I.R. lease forms certainly have their advantages (brokers and veteran landlords are comfortable with them, and they can be cheap and efficient if the transaction is simple), because of the complexity involved in leasing to cannabis…

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The Battle for California Cannabis Access is a Roadmap for States Considering Legalization

Over the last few years, California has gained a reputation of being a state where cannabis is completely legal and out in the open. In reality, cannabis isn’t nearly as “free” as people think it is in the Golden State, with many cities outright banning commercial cannabis activities. Right now, there is an ongoing battle…

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California Cannabis: Los Angeles Moves to Reform Phase 3 Cannabis Licensing

This past weekend was the hallowed 4/20 holiday for those who celebrate and participate. Prior to 4/20, the City of L.A. made some progressive moves towards bolstering consumer protection in the City concerting illegal cannabis (see this pretty great interactive map for your legal cannabis providers in City borders) and rounding out (legally speaking) the…

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