Recently, William J. McNichol, Jr., Adjunct Professor at Rutgers University School of Law, wrote an article regarding the enforcement of cannabis patents that should definitely be discussed. As we’ve noted starting last summer, we expect to see an increasing number of patent infringement cases. We’ve also been providing updates on the very first patent infringement…
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California Cannabis Beverages Have Even More Labeling Requirements
CaliforniaUncategorized June 15, 2019
The California Department of Public Health (“CDPH”) has, to say the least, some very strict cannabis labeling regulations. Earlier this year, I wrote about how the CDPH’s new rules were likely to create a mess in California and then how the California cannabis agencies sought to relieve some of the burdens on the industry by…
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Insurance in the cannabis industry is big business, and business owners need to know what policies are available and what those policies cover. Why? Because in insurance policies, like all other business contracts (e.g. leases), the risk of a business venture is divided between the contracting parties. Your insurance policies are contracts where you pay…
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California Bill to Mandate More Cannabis Stores Is Dead, For Now
CaliforniaRecreational MarijuanaUncategorized June 4, 2019
California cannabis has a problem: roughly 80% of jurisdictions in the state prohibit cannabis stores of any kind, despite voters approving full legalization with Prop 64 (the Adult Use of Marijuana Act, now the Medicinal and Adult Use Cannabis Regulation and Safety Act, or MAUCRSA) in 2016 by nearly 60%. The result has been “cannabis…
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Evidence-Based Research Suggests Allowing Cannabis Storefront Retail Benefits Neighboring Property Values, Public Health and Safety
CaliforniaReal EstateUncategorized May 19, 2019
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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When it Comes to Cannabis Advertising, Be Careful With Social Media Influencers
Uncategorized May 10, 2019
It’s becoming more and more common for companies in all industries to use social media “influencers” to promote their goods and services online. Influencer advertising in the cannabis industry is a particularly risky idea because paid advertisers need to comply with all cannabis marketing and advertising rules. It goes without saying that social media influencers…
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Denver Decriminalizes Psilocybin
ColoradoUncategorized May 10, 2019
On Wednesday, May 8, 2019, Denver, Colorado announced a pass result for Initiated Ordinance 301, becoming the first U.S. jurisdiction to decriminalize psilocybin-containing mushrooms. The ballot title reads as follows: Shall the voters of the City and County of Denver adopt an ordinance to the Denver Revised Municipal Code that would make the personal use…
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California Proposed Williamson Act Changes Could Expand Availability of Cannabis and Hemp Farmland
CaliforniaReal EstateUncategorized May 4, 2019
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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The Battle for California Cannabis Access is a Roadmap for States Considering Legalization
CaliforniaUncategorized April 23, 2019
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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For a few moments there, it seemed like the California cannabis delivery companies could deliver anywhere in the state—even to cities that said no. It now looks like that may not be allowed. In January 2019, the California Bureau of Cannabis Control (“BCC”)—which regulates cannabis delivery companies—issued Rule 5416(d), which says that “A delivery employee…
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