Cannabis Law Perspectives

Legal insights into california's cannabis industry

California Cannabis Appellations Program Proposed Regulations
Intellectual Property
Alexandra Burk

California Cannabis Appellations: The CDFA’s Proposed Regulations are Finally Here

It’s no secret that California’s temperate climate makes our state ideal for growing high quality agricultural produce. This also holds true for the cannabis industry, where cultivators in regions such as Humboldt and Mendocino county have reputations for the unique terpenes and flavonoids of the cannabis grown in these regions. In our previous post, we covered what the “appellation of

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Governor Newsom’s Budget Proposal: California Cannabis Licensing Agency Consolidation & Other Changes Relevant to Cannabis Businesses.
New and Pending Legislation
Blair Gue

Governor Newsom’s Budget Proposal: California Cannabis Licensing Agency Consolidation & Other Upcoming Changes

On January 10, 2020, the Bureau of Cannabis Control announced that Governor Newsom’s budget proposal includes a few items that will drastically change the way California commercial cannabis businesses obtain licenses and communicate with the state.  Governor Newsom today announced in his budget proposal plans to consolidate the three #cannabis licensing authorities into a single Department of Cannabis Control by

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Cannabis businesses will be required to display their unique QR Code certificate under the Bureau of Cannabis Control's newly proposed emergency regulations.
New and Pending Legislation
Alexandra Burk

Bureau’s Proposed Emergency Cannabis Regulations Make QR Code Certificates Mandatory

In response to the recent cases of Vaping-Associated Pulmonary Injury in California (a.k.a “Vapegate”), the Bureau of Cannabis Control (Bureau) has proposed emergency cannabis regulations in an effort to help consumers identify fraudulent cannabis retailers selling unregulated and potentially dangerous cannabis products. Under these regulations proposed on January 23, 2020, all cannabis retail businesses will be required to post their

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Sonoma County's Draft Industrial Hemp Ordinance
Local Ordinances
Charlie Lucero

Sonoma County’s Draft Industrial Hemp Ordinance: Thoughts and Takeaways

Sonoma County has released a draft industrial hemp ordinance, which, if passed, will lift the moratorium on hemp cultivation in the county. This is great news for the County. With wine grapes only fetching, on average, $3,000 per ton, the increasing popularity of plant-based milks (e.g., almond milk) and resulting dip in dairy sales, and the continued decline of local

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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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