Legal Insights

Perspectives on Cannabis, Hemp, Beverage and Psychedelic Law

What Senate Bill 1148 (SB 1148) Provides: Statutory CEQA Exemption for State Cannabis Licenses
New and Pending Legislation
Joe Rogoway

SB 1148 Should be Amended to Include Local Cannabis Permitting Programs in the Statutory CEQA Exemption

What Senate Bill 1148 Provides: Statutory CEQA Exemption for State Cannabis Licenses Senate Bill 1148 (“SB 1148”), a pending bill in the California State Senate, would provide that the California Environmental Quality Act (“CEQA”) would NOT apply to the issuance of a state cannabis license if the local jurisdiction has filed a notice of exemption or a notice of determination

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Assembly Bill No. 2728 (AB 2728) seeks to increase the civil penalties associated with illegal, unlicensed commercial cannabis activity within the State of California.
Enforcement Actions & Discipline
Blair Gue

AB 2728 Aims to Curb Illegal and Unlicensed Commercial Cannabis Businesses in California

As licensed commercial cannabis businesses in the State of California continue to struggle, in part because of the continuously proliferating illegal market, Assembly Bill No. 2728 (“AB 2728”) seeks to increase the civil penalties associated with illegal, unlicensed commercial cannabis activity within the State. Existing California Regulations Under existing law, a person engaging in commercial cannabis activity without a license

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Assembly Bill 2691 Will Allow for Temporary Cannabis Event Cultivator Retail Licenses
New and Pending Legislation
Blair Gue

Assembly Bill 2691: Proposed Bill Will Allow for Temporary Cannabis Event Cultivator Retail Licenses

As licensed commercial cannabis businesses in the State of California continue to struggle due to, among other things, high taxes, onerous regulatory requirements, and a flooded market, the State Legislature is considering a number of bills that relate to cannabis. One such bill, Assembly Bill 2691, aims to help small cultivators by allowing them to sell their cannabis directly to

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Cannabis Beverage Packaging Regulations
New and Pending Legislation
Rogoway Law Group

AB 1646 Would Update Packaging Requirements for Cannabis Beverage Products

What problem does AB 1646 address? When California legalized adult-use cannabis in 2016, the cannabis beverage sector was a negligible part of the cannabis industry. Initial cannabis packaging laws and regulations were formulated without taking into account the specific requirements of cannabis beverage manufacturers and consumers. And even though the cannabis beverage sector is one of the fastest-growing sectors of

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New and Pending Legislation
Blair Gue

NY’s State Sponsored Cannabis Education Programs: A Model for States with Legal Cannabis Regimes

As more and more states move to legalize medical and/or recreational cannabis use and business, the education of the masses is usually left on the back-burner as governments push toward permitting and licensing businesses rather than conducting community outreach and providing cannabis education programs to the public. While states like California and Washington have educational components on their state licensing

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New and Pending Legislation
Blair Gue

US House of Representatives Passes Cannabis Decriminalization Bill, the MORE Act

On Friday, April 1, 2022, the United States House of Representatives passed H.R. 3617, the Marijuana Opportunity Reinvestment and Expungement Act (the “MORE Act”). The MORE Act would, among other things, remove cannabis from the schedule of controlled substances outlined in the federal Controlled Substances Act, provide for the regulation of cannabis sales, eliminate criminal penalties for the possession, manufacturing,

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Los Angeles County is to start the development and implementation of an equitable commercial cannabis licensing program.
New and Pending Legislation
Blair Gue

Los Angeles County to Create and Implement a Commercial Cannabis Licensing Program

According to a press release from the Los Angeles County Department of Consumer and Business Affairs (“DCBA”), “on February 15, 2022, the County of Los Angeles Board of Supervisors passed a motion directing the Department of Consumer and Business Affairs’ Office of Cannabis Management to start the development and implementation of an equitable commercial cannabis licensing program” for the unincorporated

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California's three state cannabis licensing authorities have consolidated to form the Department of Cannabis Control (DCC).
New and Pending Legislation
Rogoway Law Group

California Cannabis Licensing Authorities Consolidate With Passing of AB 141, Creating the Department of Cannabis Control (DCC)

Yesterday, California’s three state cannabis licensing authorities – the Bureau of Cannabis Control (BCC), CDFA’s CalCannabis Cultivation Licensing, and CDPH’s Manufactured Cannabis Safety Branch – consolidated to form the Department of Cannabis Control (the “DCC” or “Department”). The formation of the DCC and the consolidation of the three agencies is a consequence of Governor Newsom signing Assembly Bill (AB) 141.

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Mendocino County's Ordinance 4491 or Cannabis Facilities Ordinance will bring the county in line with California State law and regulations.
Local Ordinances
Blair Gue

Mendocino County’s Cannabis Facilities Ordinance (Ordinance 4491) Brings County In Line With State Law and Regulations.

In June of 2021, the County of Mendocino adopted Ordinance 4491, which amended Chapter 6.36 and Chapter 20.243 of the Mendocino County Code. Commonly known as the “Cannabis Facilities Ordinance”, Ordinance 4491 made changes to the rules and regulations governing commercial cannabis business uses unrelated to cannabis cultivation, in Mendocino County.  How Does Mendocino County’s Cannabis Facilities Ordinance Affect Cannabis

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Prohibition On Outdoor Signs And Billboards On Interstate And State Highways
New and Pending Legislation
Rogoway Law Group

Prohibition on Outdoor Signs and Billboards on Interstate and Border-Crossing State Highways

It’s time to update your marketing team of the recent changes of advertising regulations promulgated by the Bureau of Cannabis Control (“BCC”). On January 21, 2021, the BCC announced that Section 5040(b)(3) of the BCC text of regulations, which authorized billboard advertisements of cannabis products on interstate or state highways, was immediately invalid going forward. California regulators say cannabis billboards along interstate highways must come

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