Our Attorneys are experienced in defending operators in the cannabis and hemp industries against Federal, State, and local enforcement actions.
Though the risk of federal enforcement actions against state-legal cannabis businesses in California has declined in recent years, there has been an uptick in enforcement actions brought on by the state licensing authorities. Each of the primary cannabis licensing and regulatory authorities in California – the Bureau of Cannabis Control (BCC); CalCannabis Cultivation Licensing (CDFA); and Manufactured Cannabis Safety Branch (CDPH) – has ramped up enforcement against unlicensed cannabis operators as well as licensed but non-compliant cannabis businesses.
Unlicensed Cannabis Industry Operators
Under State Law, cannabis licensing authorities may fine unlicensed person(s) up to thirty thousand dollars ($30,000) per violation. It is important to note that, each day of the violation constitutes a separate violation.
Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) makes a person engaging in commercial cannabis activity without a license required by MAUCRSA subject to civil penalties up to 3 times the amount of the license fee for each violation.
Licensed Cannabis Industry Operators
Under State Law, cannabis licensing authorities may, as part of each citation, assess an administrative fine of up to five thousand dollars ($5,000) per violation by a licensee. Each day of the deemed violation constitutes a separate violation per state law.
At Rogoway Law, we understand that enforcement actions can pose an existential threat to cannabis industry operators. Our Enforcement Action Defense Attorneys have garnered significant experience, which we bring to bear on behalf of our clients. Our attorneys have also been successful in proactively resolving our client’s problems before a matter has been formally charged or otherwise made public.
Our enforcement action DEFENSE Attorneys Assist our Clients with:
- Federal Enforcement Actions, including those brought on by:
- The Food and Drug Administration (FDA)
- The Federal Trade Commission (FTC)
- U.S. Department of Justice (DOJ)
- The U.S. Drug Enforcement Administration
- Enforcement Actions brought on by state or local licensing authorities including:
- Notices to Comply
- Citations, Orders of Abatement, or Administrative Fines.
- Disciplinary Actions
- Interim Suspensions and license Revocations
- Any other disciplinary actions brought on by licensing authorities.
Recent Cannabis Law Perspectives
Businesses with BCC, CDFA, and CDPH cannabis licenses expiring during the time period referenced above (May 14, 2020 through June 30, 2020) are immediately eligible to have their licensing fees deferred. However, fee deferral is not automatic. In order to request a fee deferral, licensees must submit the necessary forms to the applicable licensing agency in the way prescribed by the applicable agency.
Due to government-issued shutdowns, quarantines, and employee wellness concerns, industries worldwide are facing severe declines in productivity. While the world waits for a COVID-19 vaccine,
San Francisco’s Office of Cannabis Takes New Action to Keep Permit Applications Moving Forward Amidst COVID-19
On June 3, 2020, the San Francisco Office of Cannabis announced that it is adopting a temporary regulation to require applicants for Cannabis Business Permits