Cannabis Law Perspectives

Legal insights into california's cannabis industry

Commercial Cannabis Permitting and Regulation: The City of Sonoma
New and Pending Legislation
Lindsay Whyte

The Recent History of Permitting and Regulating Commercial Cannabis Activities in the City of Sonoma

In Spring 2018, the City of Sonoma began discussing commercial cannabis regulation with its citizens at two Town Hall Meetings. In June 2018, after a Special City Council meeting on May 30, staff began to develop permanent cannabis regulations for the City of Sonoma. At the time, the proposed permanent cannabis regulations included:  Allowing the outdoor personal cultivation of three

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Is it legal to sell CBD products in the United States?
New and Pending Legislation
Lindsay Whyte

Federal Regulation of Hemp: Next Steps From The FDA

On December 20, 2018, the Agricultural Improvement Act of 2018 was signed into law, which removed hemp from the Controlled Substances Act and ensured that hemp is no longer an illegal substance under federal law. You can find more information on the Agricultural Improvement Act of 2018 here. FDA’s Potential Regulatory Pathways for Hemp-Based CBD On April 2, 2019, the

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The Bureau of Cannabis Control’s Equity Grant Administered Under The California Cannabis Equity Act of 2018
New and Pending Legislation
Lindsay Whyte

All You Need to Know About The Bureau of Cannabis Control’s Equity Grants in California

The California Cannabis Equity Act of 2018 At the beginning of March 2019, the Bureau of Cannabis Control (“BCC” or the “Bureau”) announced that between March 1, 2019 and April 1, 2019, it is accepting applications for grant funding authorized by the California Cannabis Equity Act of 2018 (Senate Bill 1294). The intent of the Cannabis Equity Act is to

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Here is What Senate Bill 67 Means for Cannabis Businesses with Expiring Temporary State Licenses
Permitting And Licensing
Lindsay Whyte

Senate Bill 67 and What it Means for Businesses with Expiring Temporary Cannabis Licenses

How Temporary Cannabis State Licenses Came About As part of the enactment of the legal California cannabis regime, the three state licensing agencies (the Bureau of Cannabis Control, the CA Department of Public Health, and the CA Department of Food and Agriculture) were granted authority to issue Temporary State Licenses during 2018, which allowed cannabis businesses to operate while they

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Cannabis Cultivation in Protected Watersheds
Land Use & Zoning
Lindsay Whyte

What Commercial Cannabis Cultivators Need To Know About Regulations Surrounding Cultivation in Protected California Watersheds

It is essential for cannabis cultivators to be aware that their right to cultivate cannabis is NOT solely determined by their compliance with local regulations and submittal of a complete application to CalCannabis. Within the CalCannabis Regulations is a provision – Section 8216 – that allows for CalCannabis, in connection with the California Department of Fish and Wildlife (“DFW”) and

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The latest CDPH Regulations regarding Cannabinoid - THC & CBD - Content Labeling
Regulatory Compliance
Lindsay Whyte

The Latest Approved CDPH Regulations (2019) for THC & CBD Content Labeling

In December 2017, California’s three cannabis licensing authorities – the Bureau of Cannabis Control (“BCC”), the California Department of Public Health (“CDPH”), and the California Department of Food & Agriculture (“CDFA”) – adopted emergency cannabis regulations designed to “clarify and make specific licensing and enforcement criteria for commercial cannabis businesses under the Medicinal and Adult-Use Regulation and Safety Act” (“MAUCRSA”).

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Cannabis Tax Requirements for California Cannabis Businesses
Taxation
Lindsay Whyte

CDTFA’s Cannabis Tax Requirements for California Businesses

It is important for all commercial cannabis business operators to be well-versed in the tax requirements they will be subject to. The California Department of Tax and Fee Administration (CDTFA) has made clear that each commercial cannabis business that sells cannabis or cannabis products must register with the CDTFA for a seller’s permit, and must regularly file sales and use

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FDA's Hemp Regulations Post AIA
New and Pending Legislation
Lindsay Whyte

FDA Regulation of Hemp Post Agricultural Improvement Act of 2018

On December 20, 2018, the Agricultural Improvement Act (“AIA”) of 2018 was signed into law. Among the changes made within the AIA was the long-awaited legalization of industrial hemp. The AIA removes hemp (defined as cannabis and derivatives of cannabis with less than 0.3% THC on a dry weight basis) from the Controlled Substances Act (“CSA”). This removal of hemp

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Hemp Industry New and Proposed Regulations
Land Use & Zoning
Lindsay Whyte

How Proposed and Current Regulations May Affect Your Hemp Business.

Federal Regulation of Hemp In 2014, US Congress passed the Farm Bill, which authorized states to implement pilot programs to study the cultivation of and market for industrial hemp. Within the Farm Bill, Congress defined industrial hemp as “Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than

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Off Site Cannabis Consumption
Regulatory Compliance
Lindsay Whyte

“Off-Site” Cannabis Consumption: What You Need To Know

We have previously discussed in how the Medicinal and Adult Use of Cannabis Regulation and Safety Act (MAUCRSA) states that “a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness … if all of the following are met: Access to the area where cannabis consumption is allowed is restricted

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