Top 10 Unknowns About California’s Cannabis Regulations
CaliforniaMedical MarijuanaRecreational MarijuanaUncategorized December 27, 2018
In California, under the Medicinal and Adult-Use Cannabis and Regulation Safety Act (MAUCRSA), temporary licenses began issuing to cannabis businesses on January 1, 2018. Since then, the state agencies in charge of MAUCRSA’s implementation (the Bureau of Cannabis Control (BCC), the California Department of Public Health (CDPH), and the California Department of Food and Agriculture (CDFA)) have…
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Fourth Circuit: Possessing Marijuana Stems Does Not Necessarily Make You a Criminal
Uncategorized December 23, 2018
The Fourth Circuit Court of Appeals ruled last week that finding marijuana stems in a trash bag does not permit the police to search the house for evidence of a crime. From a legal standpoint this case has interesting implications on when, where, and what police can search. From a more practical perspective, it shows the…
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We counsel our cannabis (and non-cannabis) clients extensively on product liability issues, and have warned them that the federal illegality of their products will not shield them from the same products liability risks faced by companies in other industries. We extend the same warnings to our cannabidiol (CBD) clients, who, if they are operating outside…
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What Will the California Cannabis Industry Look Like in a Few Years (From the Legal Perspective)?
CaliforniaUncategorized December 5, 2018
Because California’s cannabis regulatory scheme is still in relative infancy, 2018 has looked the same for most operators: applying for annual licenses and waiting (and then continuing to wait) for them to issue or fighting to get temporary license applications submitted before they can no longer be issued. But what happens in two or three…
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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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Data Breaches are Coming and Will Wreak Havoc in the Cannabis Industry
Uncategorized November 26, 2018
Virtually everyone knows about breaches of companies like Equifax. Massive breaches have happened to established, mega-companies who still took major reputational and monetary hits after they were breached. What many people don’t realize is that it doesn’t take a major breach to devastate a business. We don’t want to be dramatic, but we also don’t…
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Just two weeks after Speaker of the House Paul Ryan expressed public support for the legalization of industrial hemp, Senate Majority Leader Mitch McConnell is now guaranteeing that the 2018 Farm Bill will include the industrial hemp legalization provision once the House and the Senate solve their difference regarding this issue. If there’s a Farm…
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A couple of months ago, the Oregon Liquor Control Commission (OLCC), for the first time, rejected a settlement offer from a licensee who had violated OLCC rules. At the time, we speculated the OLCC was done with settling and moving towards stricter compliance requirements. It seems, along with more stringent review of applications, the OLCC…
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California Cannabis: Cities and the End of Temporary Licenses
CaliforniaUncategorized November 16, 2018
We recently wrote about an announcement by the California Department of Food and Agriculture (“CDFA”) that temporary license applications need to be submitted by December 1, 2018 in order to be reviewed on time for approval and issuance before December 31, 2018. To date, California Department of Public Health (“CDPH”) followed suit, but the California Bureau…
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California Cannabis Development Agreements: Part Three
CaliforniaReal EstateUncategorized November 13, 2018
This is the third post in our three-part series on development agreements in California. In our first post we provide an overview of the use (and misuse) of development agreements in the cannabis industry. The second post breaks down the basics of development agreement laws. Here, we will discuss the key terms to include and what…
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