Perspectives

insights into california's cannabis industry

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
Compliance
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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Jana Adams administers a tincture high in CBD to her daughter, Brooke, who has Dravet Syndrome.
Cannabis Law
Lindsay Whyte

How a California Kindergartner Was Allowed to Take Her Cannabis Medicine to School

The Case Brooke Adams is a five-year-old girl diagnosed with Dravet Syndrome, a rare and severe form of epilepsy. Brooke currently uses medicinal cannabis-derived CBD oil to significantly reduce the frequency of seizures and medicinal cannabis-derived THC oil as an emergency medication to quickly stop seizures once they start. Brooke obtains both oils pursuant to a valid recommendation from a

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On-Site Cannabis Consumption at Cannabis Retail Premises

Though the Bureau of Cannabis Control’s Regulations do not mention any restriction of on-site cannabis consumption, the text of the Medicinal and Adult Use of Cannabis Regulation and Safety Act (MAUCRSA) does. 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 …

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Petaluma’s Commercial Cannabis Ordinance

Background of Petaluma’s Commercial Cannabis Ordinance On December 18, 2017, Petaluma’s City Council adopted a cannabis ordinance that addresses commercial cannabis permit eligibility, commercial cannabis permit applications, renewals, transfers, denials and revocations, and commercial cannabis business operating requirements, among other items. On February 26, 2018, Petaluma’s Economic Development Manager recommended that the City Council adopt an Ordinance that amends the

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Santa Rosa’s Comprehensive Cannabis Ordinance

The City of Santa Rosa’s Comprehensive Cannabis Ordinance passed unanimously on December 19, 2017 and goes into effect this Friday, January 19, 2018. Ordinance Highlights The City will now permit both adult use and medical use cannabis businesses and will consider applications that include on-site cannabis consumption and special events. Santa Rosa will accept permit applications for the following commercial cannabis

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