Cannabis Law Perspectives

Legal insights into california's cannabis industry

Key Takeaways from USDA's Interim Final Rule For Hemp Production
Regulatory Compliance
Charlie Lucero

Key Takeaways from USDA’s Interim Final Rules For Hemp Production

This morning, the U.S. Department of Agriculture (“USDA”) released a draft of its interim final hemp rules. The interim rules for hemp production are effective immediately upon publication in the Federal Register, however the published version may include “changes” from the draft Interim Rules. The published USDA interim rules for hemp production will be effective for two years after publication

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Reporting Requirements for THC Concentration in Industrial Hemp
New and Pending Legislation
Charlie Lucero

Opinion: California Should Adopt A Round Down Policy for Industrial Hemp THC Concentration Reporting

Current Reporting Requirements for THC Concentration in California Presently, in California, the law is silent on critical areas regarding THC reporting requirements for industrial hemp. As defined in the 2018 Farm Bill and SB-153, industrial hemp consists of Cannabis sativa cultivars that contain a THC concentration of no more than 0.3%. Under federal and state law, industrial hemp includes both

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SB-153, A Bill Regulating Hemp Cultivation in California, Heads To The Governor's Desk for Signature
New and Pending Legislation
Charlie Lucero

SB-153, A Bill Regulating Hemp Cultivation in California, Heads To The Governor’s Desk for Signature

SB-153, a bill regulating production of industrial hemp, is officially engrossed and enrolled, which means it is headed for Governor Gavin Newsom’s desk for signature.   After being signed into law, SB-153 will govern hemp cultivation and testing in California. Key Provisions of SB-153 Include: Set registration requirements for hemp production. Revise the provisions regulating the cultivation and testing of hemp

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Senator McConnell Prods FDA Regarding Hemp-Derived CBD Regulation
New and Pending Legislation
Charlie Lucero

Senator McConnell Prods FDA Regarding Regulation of Hemp-Derived CBD and Derivative Products

On September 17, Senate Majority Leader Mitch McConnell submitted language into a congressional spending report which will force the FDA to reveal their policy on hemp-derived CBD enforcement sooner rather than later.  If approved by the Senate, the amended spending report could provide clarity for industry stakeholders and banks on the sidelines who eagerly await participation in the hemp-derived CBD

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New and Pending Legislation
Charlie Lucero

[UPDATE] What’s Next After Senate Appropriations Committee Holds AB 228 on Suspense?

We have been closely tracking the introduction and movement of AB 228, a crucial bill that would legalize the retail sale of food, beverages, and cosmetics containing industrial hemp-based CBD and other derivatives, in Sacramento. Like others in the industry, we were fairly optimistic that California’s legislature would pass AB 228 in September 2019, legalizing the sale of hemp-derived CBD products and

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[BREAKING] California Senate Appropriations Committee to Vote on Assembly Bill 228.
New and Pending Legislation
Charlie Lucero

[BREAKING] California Senate Appropriations Committee to Vote on Assembly Bill 228

The Current Status of Assembly Bill 228 (“AB-228”) AB-228, the long-awaited bill that would legalize the manufacture and sale of food, beverages, and cosmetics containing hemp, is finally being voted on this Friday (August 30, 2019) by the California Senate Appropriations Committee.  Currently, the bill is in the Appropriations Committee’s suspense file. Possible Outcomes of Friday’s Vote on Assembly Bill

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What AB-228 Means for Industrial Hemp Product Manufacturers & Re
Regulatory Compliance
Charlie Lucero

If AB-228 – Food, Beverages, and Cosmetics: Industrial Hemp Products – Passes, Then What?

AB-228 – Food, Beverage, and Cosmetic Adulterants: Industrial Hemp Products – has generated substantial buzz ever since Assembly Member Cecilia M. Aguiar-Curry introduced it back in January 2019. And rightfully so; if AB-228 passes, it will likely open the door to increased shelf space in major grocery stores and retail outlets for food, beverage and cosmetic products containing industrial hemp.   Specifically,

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CCPA - Cannabis Compliance
Cannabis Law
Charlie Lucero

New Compliance Challenges: California Consumer Privacy Act and the Cannabis Privacy Bill

Co-Author: Ken Stratton On June 28, 2018, California adopted a comprehensive consumer privacy act, the California Consumer Privacy Act of 2018 (the “CCPA”). Legislators rushed the CCPA through the legislative process with unpreceded speed to stave off a proposed, and more stringent, ballot initiative sponsored by a San Francisco developer. The law, which is similar in scope to the European

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On-Site Security Guard Requirements for Cannabis Retailers
Local Ordinances
Charlie Lucero

New Local Cannabis Laws Proposed for San Francisco Raise Some Concerns

Co-Authored By: Charlie Lucero By now it’s well known that the City of San Francisco is considering two new cannabis laws: the first would be a local cannabis industry tax and the second would establish a new 9-member Cannabis Commission to oversee the industry within city limits. Last week, our attorneys attended a meeting sponsored by the San Francisco California

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