Legal Insights

Perspectives on Cannabis, Hemp, Beverage and Psychedelic Law

The FDA has NOT adopted any regulations for industrial hemp or industrial hemp derivatives like CBD in food products, drugs, cosmetics, or dietary supplements.
Regulatory Compliance
Blair Gue

Hello, FDA? The Industrial Hemp Industry Would Like to have a Word with You!

Background: 2018 Farm Bill Legalizes Industrial Hemp Cultivation In December of 2018, the 2018 Farm Bill (the “Farm Bill”) was signed into law by the Federal government. Among other things, the Farm Bill legalized the production of industrial hemp as an agricultural commodity and removed hemp and derivatives of cannabis with extremely low concentrations of the psychoactive compound delta-9-tetrahydrocannabinol (“THC”),

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New California Cannabis Business Resources from the Department of Cannabis Control (DCC)
Regulatory Compliance
Blair Gue

7 Cannabis Business Resources Available Through DCC’s CannaConnect

The California Department of Cannabis Control (“DCC”) just announced the release of its newest resource for California commercial cannabis businesses, CannaConnect. Described as a webpage that will be updated frequently, CannaConnect acts as a “cannabis compliance hub” for licensees and those wishing to learn more about operating a licensed commercial cannabis business in California. So, what kind of resources does

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California State Cannabis Enforcement Actions and Discipline
Enforcement Actions & Discipline
Joe Rogoway

Your Guide to California State Cannabis Enforcement Actions and Discipline

The original post was published on May 7, 2020. It has since been updated by Firm Partner Blair Gue to reflect the changes in the regulatory bodies governing California’s cannabis industry. You can access the archived original post here. The below is a brief description of the process involved in an administrative enforcement action brought by the Department of Cannabis

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California’s Legal Cannabis Farms Use Less Water and Produce More Value Than Any Other Agricultural Activity.
Regulatory Compliance
Joe Rogoway

It’s Time to Stop Scapegoating Legal Cannabis Farms.

California’s commercial cannabis laws, as established through the Medicinal and Adult Use Cannabis Regulation and Safety Act (MAUCRSA), have always contained the acutely problematic provisions of so-called local control as well as the express exclusion of cannabis from the California Environmental Quality Act (CEQA) exemptions endowed to all other agricultural crops. This has created an unworkable dynamic for California’s legal

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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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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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Bureau of Cannabis Control 2020 Updates
New and Pending Legislation
Rogoway Law Group

Updates to the Bureau of Cannabis Control (BCC) As We Head Into The New Year

As 2020 comes to a close, the Bureau of Cannabis Control (the “BCC” or the “Bureau”) has announced updates to the operation of the agency as we head into the new year.  Bureau Chief Lori Ajax Retiring; Tamara Colson Announced as New Chief  As of December 2, 2020, Chief Lori Ajax has retired from her role as the Bureau Chief

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Fresno County Superior Court Judge Rules Against 25 Local Governments Seeking To Block Legal Cannabis Delivery
New and Pending Legislation
Rogoway Law Group

Fresno County Superior Court Judge Rules Against 25 Local Governments Seeking to Block Legal Cannabis Delivery

Note: This piece was first published in Americans For Safe Access‘ Newsletter, sent to subscribers in California on November 23, 2020. This week California patients received good news in the form of a Fresno County Superior Court Judge ruling against 25 California local governments who filed suit in April of last year to block legal cannabis delivery. The lawsuit, predicated on

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