California’s fluid regulatory climate and dual licensing framework has created one of the most challenging business environments participants have ever seen. Doesn’t matter if you are an attorney, an operator, an investor or a CPA …. it just doesn’t matter. The kicks are hard and the hits keep coming.
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.
It has been harder and harder to find humor in what we do of late, making our weekly humor column less and less frequent. As we approach the closing of the first six months of CA legal weed the challenges, issues and absurdities that had us laughing in the beginning have us scowling today.
The CA Regulations Requiring Destruction of the Sacred Plant on July 1, 2018 Provides an Opportunity for Extraordinary Acts of Compassion Before July 1, 2018
The State of California, Bureau of Cannabis Control (BCC) Emergency Regulations Requires the Destruction of Cannabis effective July 1, 2018.1 That means we have about 16 days left before California’s six month transition period allowing exceptions from specific regulatory provisions of the BCC’s Emergency Regulations ends.
And we haven’t even had breakfast yet !
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
Boehner gets hard on pot, in a good way! Here’s to the Altered State of the ‘Unalterably Opposed’’ Check Mate Sessions.
With Trump being a strong supporter of our Veterans, especially when it comes to access to health care, and Sessions on his short list, Bohner’s move may have just been the unofficial signal that the tide has turned green for go.
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.
Authored By: Silvia San Nicolas When I first started in this business I would listen to attorneys go on about how their last few years had aged them ten and how the ups and downs were so extreme their heads were always spinning, they never sleep and the stress was off...
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.
The Agricultural Act of 2014, also knowns as the 2014 Farm Act (Act), will expire on September 30, 2018.
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:
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.
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.
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.
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.”
Rod Kight is a lawyer based in Asheville, NC. He is licensed in North Carolina and Oregon and represents legal cannabis businesses. You can contact him by clicking here.
The “Midwest Turnabout”, the name I’m giving to a rapid about-face on CBD policy that started with Indiana, appears to be turning into a trend.
CBD is having a tough week. The Court issued an unfavorable ruling in the HIA v. DEA case and Wisconsin issued a “Guidance” letter explicitly stating that CBD from industrial hemp is illegal in the state. I’ll discuss both. I. HIA v. DEA. A little over a year ago the...
The most notable thing about The Hemp Farming Act of 2018, S. 2667, introduced by Senator McConnell on April 12, 2018 (Hemp Bill), is that it will make hemp lawful throughout the country at both the federal and state levels. This is huge. When advising my clients about industrial hemp we invariably discuss the difficult issue of which states they should avoid. The Hemp Bill fixes that problem.
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.
Now that we are on the eve of the elections, California is faced with a vast array of cannabis propositions. Last count, there were at least 82 cannabis-related ballot measures to go before CA voters. Cannabis companies are paying particular attention to those that will significantly hurt their business bottom line as opposed to propelling it to do better.
Canadian Cannabis Businesses & The TSA / Pax Labs & Vaping / Police Traffic Stops CA / CA Rules & Regs
Last week, we discussed how working in the Canadian Cannabis business could inadvertently place one on the permanent ban list from entering the U.S. A policy that could have only been conceived by Mike Pence type people and their progeny
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.
San Francisco’s “Cannabis Oversight Committee”, Undocumented CA Cannabis Companies, San Diego.. Cannabis Companies Nightmare Realized ? & Canadian Policemen Cannabis Use Rules.
In this edition, we are going to start local, San Francisco, then report on activities in the State ending with an interesting new promulgation in Canada which could be emblematic of rules that may eventually permeate south of the Canadian border.
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 …..
Let me digress and state that we usually always focus our stories on our industry as it pertains to California. However, this week there are some stories that read of bigger industry trends that need recognition for the larger implications.
Jeffrey Rosen, Tailored Benefit’s founder, practiced law for ten (10) years in San Francisco, Silicon Valley & Taipei, Taiwan. He has run an employee benefits company for over twenty years. Tailored Benefits’ has evolved over the past several decades to play an integral part in the cannabis industry
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.