Cannabis Law Perspectives

Legal insights into california's cannabis industry

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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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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Labor Peace Agreements for Cannabis Businesses in California
Cannabis Law
Ken Stratton

Labor Peace Agreements for Cannabis Businesses in California: Why Some Say the Law is “Siding Union”

Those thinking about operating a cannabis business in California may be surprised to learn they might need to enter into a legally binding “labor peace agreement” with a union in order to receive a license to operate. Cal. Bus. & Prof. Code § 26051.5(a)(5)(A); 16 CCR § 5002 (Bureau of Cannabis Control); 17 CCR § 40128(b)(2)(Dept. of Public Health); 3 CCR § 8102(x)(CalCannabis).  Recently

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San Francisco Is On Deck for Permanent Cannabis Business Permits

The San Francisco Office of Cannabis is getting ready to release Part 1 of its Permanent Cannabis Business Permit Application. While this is an exciting time for cannabis business operators in San Francisco, there are limits to who can apply for a Permanent Cannabis Business Permit. The following individuals/businesses are eligible to apply for Permanent Cannabis Business Permits in 2018:

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Important Environmental Requirements for California Cultivators

CalCannabis anticipates that it will start issuing state cannabis cultivation licenses — both temporary and annual — on January 1, 2018. Applications are not yet available, but will be soon. Before applying for a state cultivation license, there are two things you must do to ensure compliance with environmental regulations pertaining to water use and discharge: all cultivators — regardless

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Cannabis Business Laws in Los Angeles, Califonia
Cannabis Law
Joe Rogoway

Los Angeles Has Cannabis Laws (Finally)

LA City Council Passed Cannabis Ordinance & Regulations on Dec. 6, 2017* First, here’s the Ordinance (Sec. 104) and the implementing Regulations. These two docs regulate cannabis businesses in LA. We’re beginning to digest these and will post commentary soon. In the mean time, everyone should start thinking about the Zoning Ordinance (Sec 105). Zoning determines whether your business can operate at a

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October 31 Deadline Approaching! Apply for a Surface Water Right with the State Water Resources Control Board

Cannabis cultivators must identify their water source(s) as part of their CalCannabis application(s) to obtain a state license. The deadline to submit an application to the State Water Resources Control Board (“Water Board”) to obtain a surface water right for cannabis cultivation is October 31, 2017. This deadline was extended from the original July 1, 2017 deadline in the Medicinal and Adult-Use Cannabis Regulation

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California Department of Food and Agriculture Releases Proposed Cultivation and Tracking Regs

On April 28, 2017, the California Department of Food and Agriculture released proposed regulations to establish cannabis cultivation licensing and a track-and-trace program. The proposed regulations define the cannabis cultivation licensing process and triggers a 45-day public comment period. The last day to submit written comment to the Department is June 12, 2017. However, those who wish to be heard can also attend

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California Bureau of Marijuana Control Releases Proposed Text of Regulations

On April 28, 2017 the Bureau of Marijuana Control released its first set of proposed regulations. The release of regulations triggers the requirement for the Bureau to hold hearings at which the public can comment on the regulations. Those who wish to make oral comment on the proposed regulations may do so by attending one of the four scheduled hearings. Hearing details are listed below: June

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“Surge Strategy” on Hold: LA Considers Ending the “Whack-a-Mole” Game Against Marijuana Dispensaries

On April 17, the Los Angeles County Counsel presented to the Board of Supervisors a report addressing the dozens of illegal dispensaries in unincorporated Los Angeles County. The report relayed the Medical Marijuana Dispensary Enforcement Team’s (“MMDET”) recommended approach: a “surge strategy” aiming to close all such dispensaries. On April 19, however, the Board of Supervisors opted not to fund

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