Editorial: Striking a proper balance on local cannabis rules

There’s little to be gained from continuing to debate the wisdom of legalizing marijuana. It makes more sense to focus on eradicating the black market.

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CBD-infused products are being sold everywhere in California — but are they legal?

The market for CBD, or cannabidiol, products is exploding in California — but the state says even if the active ingredient, derived from marijuana, doesn’t make you high, it still must be licensed.

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California Cannabis Litigation: Airing the Dirty Laundry Edition

We’ve written a good amount on how ugly litigation will be. There’s federal illegality and the possibility that a court refuse to rule on a contract dispute because cannabis is federally illegal. Companies can be sued for false advertising and have all of their profits attributable to the false advertising disgorged by competitors. Allegedly false…

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California Cannabis Claims: Unfair Competition

Welcome to the final post in our litigation series on California cannabis claims. For our last post, we’ll be touching on California’s Unfair Competition Law. Introduction California’s “Unfair Competition Law,” also known as the Unfair Competition Act, Unfair Business Practices Act, or the Unfair Practices Act, is codified at Business & Professions Code § 17200,…

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California Cannabis Appellations: Proposed Regulations Are Here!

On February 20, 2020, the California Department of Food and Agriculture (CDFA) released its proposed regulations for the Cannabis Appellations Program, something that many cultivators have been anticipating since the inception of the Medicinal and Adult Use Regulation and Safety Act (MAUCRSA). We’ve written about appellations and their applicability to cannabis before, but a quick…

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California Cannabis Claims: Intentional Interference with Contractual Relations

Welcome back to our litigation series on California cannabis claims. Today, we’ll be discussing intentional interference or “tortious interference” – which may apply to your situation if you find that a third party is improperly interfering with you and your contractual relationships. Introduction This claim stems from California’s basic recognition that contractual relationships are worthy…

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The Effort to Decriminalize Psilocybin in California is Underway

Psilocybin has been in the news with increasing frequency as research into psychedelic therapy has proliferated, and a number of local jurisdictions, including the cities of Oakland, Denver, and Santa Cruz have decriminalized psilocybin to varying degrees. Much like cannabis, public perception of certain psychedelics like psilocybin is shifting rapidly, as people really the incredible…

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Power to the People: Kern County Measure D Will Give Voters Control of Medical Cannabis

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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The Four Basic Labeling Requirements for CBD Products

Last week, I attended Portland’s Hemp CBD Connex, an annual event that highlights the vast potential of hemp and CBD. Of interest to me–because my practice focuses on the regulatory framework of CBD products–was a panel entitled “Weeding Through the CBD Jungle: How to Grow, Run and Be Successful.” This panel was led by two…

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