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California’s Regulation Refugees – Abandoned and Set Adrift

California’s Regulation Refugees – Abandoned and Set Adrift

Regulated out of the market and with no redress in sight, the majority of California’s growers, retailers, manufacturers and other cannabis business operators have found themselves all in the same boat with no viable place to go. Their back stories are profound, their history rich and their plight nothing less than heartbreaking.

So You Want to Deliver Cannabis in Cali ….. Are You High?

The Delivery rules in Cali are guaranteed to spin you silly. As if the California dual licensing regulatory schema isn’t daunting enough with navigating 482 cities and 58 counties all with differing rules on what, when and how or even IF commercial cannabis activity is allowed at all

Things that make you go Hmmmm………..

If you work in California’s legal cannabis industry, then be prepared to wait in long lines at the airport. On March 20, 2018, the Orange County Register reported that LA attorney, and cannabis dispensary owner, Aaron Herzberg had his airport fast-track security clearance revoked. The reason? He owned a cannabis business.

To Take the High Road or Not to Take the High Road Regulatory Resistance in the Green Lime Light

Two online cannabis platform and dispensary locators, Weedmaps and Leafly have found themselves at the wrong end of the regulatory spectrum and each is taking a very different position to Cease and Desist Orders issued by the Bureau of Cannabis Control (BCC) demanding that they stop displaying advertisements from unlicensed cannabis operations and also claiming that the companies are aiding and abetting in violations of California state cannabis laws.

Cracking Down On Compliance

Cracking Down On Compliance

In recent months, a rapid number of compliance enforcement agencies have emerged at both the local and state level. Licensed cannabis businesses in California have experienced a peak in random compliance inspection visits, raids from local and state law enforcement, and seizure of cannabis products.

Know Your Rights: Understanding State Hemp Regulations

Know Your Rights: Understanding State Hemp Regulations

The Cannabis Regulations Commission met on March 5th and presented their recommendations to the City Attorney that would establish policies for processing phase 3 applications. Phase 3 would begin with a 60-day pre-vetting process of social equity applicants to verify Tier 1 or Tier 2 qualification.

Federal Hemp & CBD Update – What’s Legal & What’s Not

Federal Hemp & CBD Update – What’s Legal & What’s Not

CBD products are everywhere – including tinctures, creams, gummies, pills, and drinks. But is it legal to buy, sell, and produce them?  The answer may depend on where you are. In the December 2018 Farm Bill, the federal government removed CBD (and industrial hemp and all cannabis derivatives with less than 0.3% THC) from the Controlled Substances Act altogether.  But that is not the end of the story, as the FDA continues to regulate CBD products through enforcement of the Food, Drug & Cosmetic Act, and state governments also have restrictions. Federal and state laws are changing quickly in this area, so anyone involved with these products is encouraged to consult with a lawyer and stay informed on recent developments.

North San Diego County Cannabis Update

North San Diego County Cannabis Update

While most of the attention on cannabis business in San Diego County has focused on the area in and around the City of San Diego, there are also a few jurisdictions in the northern half of the county with open cannabis license applications. Here’s a breakdown of the licensing application processes in the cities of Vista and Oceanside.

Contra Costa Cannabis Update

Contra Costa Cannabis Update

In November, a measure to tax and regulate cannabis businesses in Contra Costa County was approved by more than 72 percent of the county’s voters. Given that the election indicated overwhelming local approval for legal cannabis, the county has been moving toward finalizing its cannabis regulations, focusing on the county’s land use restrictions for cannabis businesses and its application process for potential cannabis operators.

The 2018 Farm Bill: What It Means For Hemp & CBD

The 2018 Farm Bill: What It Means For Hemp & CBD

As discussed in a prior blog post, the legal status of CBD can be very confusing to consumers, businesses, and lawmakers alike. As a substance that is derived from the cannabis plant, but is not cannabis’ main active ingredient, CBD currently occupies an unclear middle ground – particularly in California, where the state has imposed additional rules affecting how the various types of CBD may be legally used.

CANNABIS UPDATE: NEW YORK / NEW JERSEY

CANNABIS UPDATE: NEW YORK / NEW JERSEY

Steps toward the legalization of cannabis in New York and New Jersey have been in the news recently. But how close are these states to having fully licensed legal cannabis supply chains? Here’s a brief overview of the two states’ marijuana laws and where they stand in regard to cannabis licensing.

California Goes Off the Rails About CBD

The California Department of Public Health (CDPH), Food and Drug Branch (FDB), released a new FAQ, “Industrial Hemp and Cannabidiol (CBD) in Food Products” on July 6, 2018 (FAQ). The FAQ specifically states that CBD may not be introduced into food products:

WHO Issues Glowing Report of CBD But Gets the Law Wrong- A Legal Analysis

The World Health Organization (WHO) issued a Critical Review Report (Report) on cannabidiol (CBD) on June 7, 2018. The Report is an update and extension of the Pre-Review Report on CBD that was prepared by Professor Jason White of Australia and released in November 2017 (Pre-Report) to the Expert Committee on Drug Dependence (ECDD). The Report was one of several issued about cannabis during a meeting in Geneva, Switzerland by a group of international cannabis experts. It was prepared by Dr Sharon Walsh and Dr Susanna Babalonis of Kentucky and J. Rehm of Canada and presented to the ECDD. It is the first of many steps by the WHO to deliver a recommendation to the UN secretary-general on the “need for and level of international control” of cannabis, which could have a major impact on marijuana legislation internationally.

Did the Federal Right to Try Act Just Legalize Medical Marijuana?

I’ve heard and read a lot this week about how the Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Bellina Right to Try Act of 2018 (Right to Try Act), signed into law by President Trump on May 30, 2018, functions to legalize medical marijuana. It does no such thing. What it appears to do is allow terminally ill patients to try investigational new drugs that have not yet been approved by the FDA.

A Legal Analysis of the DEA Directive Regarding Cannabinoids

To say that the DEA is is slow in responding to matters regarding cannabis (other than raids and arrests) is like saying that Rip Van Winkle took a long nap. It’s a complete understatement. As reported by Lisa Rough in Leafly, “the first petition to reschedule cannabis from Schedule I to Schedule II was filed in 1972 by the National Organization for the Reform of Marijuana Laws (NORML), but the petition was not given a hearing for fourteen years.” In the article, Rough goes on to discuss another petition filed by Americans for Safe Access and the Coalition for Rescheduling Cannabis in 2002, which was ultimately denied in 2011, nine years later.

Gambling on Sports May Be a Bad Bet for Marijuana

The law at issue in the Murphy case, the Professional and Amateur Sports Protection Act, did “not make sports gambling a federal crime … Instead, [it] allow[ed] the Attorney General … to bring civil actions to enjoin violations.”

6 Reasons Every Cannabis Startup Needs To Trademark Their Brand

Trademarks are important to every business, especially to those that operate in the fledgling cannabis space. Brief Rundown of Trademarks Trademarks give you protection over your brand. Specifically, trademarks give you the right to use a name or logo in connection...

Bye Bye Jeff, Sadder Goodbye To Dana Rohrabacher, CA & Tax & CA Midterms Outcomes

Bye Bye Jeff, Sadder Goodbye To Dana Rohrabacher, CA & Tax & CA Midterms Outcomes

Ding dong, the witch is dead, the mean old Jeff Sessions is gone!!! Xmas came early.  Do you think it’s the name, as Republican Pete Sessions of Texas, the chairman of the House Rules Committee, declared cannabis enemy, just lost to Democratic challenger Colin Allred. Allred was no friend to either of the Sessions!  Election time in America, more of a frightening affair of how this country thinks and where those particular thoughts are domiciled.

Canada Celebrates, The Tricky Question Of The US Border & The TSA, Delivery Services In California, Legality of CBD & THC In Beverages (CA) and High Times & CA Cannabis Events Legislation

Canada Celebrates, The Tricky Question Of The US Border & The TSA, Delivery Services In California, Legality of CBD & THC In Beverages (CA) and High Times & CA Cannabis Events Legislation

First, a hearty congratulations and Mazol Tov to Canada which became the first major world economy to legalize recreational marijuana. This move will inextricably alter the country’s social, cultural and economic fabric, while presenting it with extraordinary public policy challenges. “Legalization of cannabis is the largest public policy shift this country has experienced in the past five decades,” said Mike Farnworth, British Columbia’s minister of public safety.

LAX & TSA Rules On Cannabis, Rule Changes on CBD, Undocumented Cannabis Companies & the High Times M&A

LAX & TSA Rules On Cannabis, Rule Changes on CBD, Undocumented Cannabis Companies & the High Times M&A

Fear of Flying? No, I’m not talking about Erica Jong, although I am sure she would love Foria!  Well, LAX is now a cannabis friendly airport. That does not mean on site consumption, but the LAX airport police, at best, would confiscate what they found as it’s legal in the State. However, the conflict comes in with TSA (Federal) workers who are not under the same rules as LAX police. The new LAX cannabis policy is quoted in full …..

California: AB1793, The BCC & Enforcement, Adult Use Stores & Cannabis As A Carcinogen

Welcome to the Tailored Benefits weekly newsletter. Jeffrey Rosen started publishing recently and we immediately recognized the high quality and regularity of his writing. We’re very pleased to say that Jeffrey has given us permission to re-publish as a weekly column. The Californian regulated market is moving into v1.1. We all know it has a long way to go but follow our posts by Jeffrey and fellow CA professional Jordan Zoot and we can assure you, that, between the two of them there’s very little you wont learn about the compliance and regulated aspect of this, the world’s biggest legal cannabis market.

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  • Murro v. Arizona Dept. of Health Services

    No. 18-0471 (Ariz. Ct. App. 2019)A conviction for solicitation to commit possession of a dangerous drug for sale is a violation of a state controlled […]

  • CWNevada LLC

    No. 19-12300 (Bankr. D. Nev. 2019)Where an operator cultivating, producing and distributing marijuana did not establish debtor-in-possession bank […]

  • Mission Pennsylvania, LLC v. Wallace McKelvey

    No. 185 C.D. 2018 (Pa. Commw. Ct. 2019)Department of Health has the burden of supporting its grounds for denying access to portions of applications […]

  • Washington v. Barr

    No. 18-859 (2nd Cir. 2019)Plaintiffs challenging the inclusion of marijuana on CSA schedules failed to exhaust administrative process because they […]

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