House Hearing Historic First for Cannabis Banking Policy Reform
Written by: Talyor Ulrich, Esq. Currently, 30 U.S. states have laws on the books legalizing cannabis in some form. But it is still considered illegal by federal laws, leaving most risk-averse banks too scared to do business with legal marijuana businesses for fear of angering their regulators. However, change may be on the horizon. The House […]
Take Two for California Cannabis Legislation
The ink on California’s state cannabis regulations is barely dry, yet legislators have already introduced nearly 20 bills that could impact the rules governing the industry. Some of the bills are reincarnations of those that were vetoed or killed through the legislative process last year. Take, for example, SB 34 by Senator Wiener (D-San Francisco) […]
Harborside’s Battle with Section 280e
Written by Abraham Finberg, CPA and Simon Menkes, CPA In December of 2018, the Grinch visited more than just a few unlucky homes in America. He also appeared in the guise of a couple of judges who ruled on the Harborside and Alternative/Wellness (Donald Duncan) cases. The Harborside Case in a Nutshell: In the Harborside case, […]
Cannabis Events Under the New Regs: How to Throw a Compliant Event
It’s the beginning of the year and that means planning for springtime festivals – Coachella, High Times, County fairs, Cannabis Cup, and StageCoach – to name a few. However, this year may bring a different flair to California events – Cannabis. As cannabis events are tapping into the Golden State’s love of outdoor festivals, event licenses […]
White Labeling Under the Final Regs
In case you missed it, California’s regulators announced last week that the Office of Administrative Law (“OAL”) officially approved regulations for all commercial cannabis licensees. One of the most controversial rules to come from the Bureau of Cannabis Control (“BCC”) is Section 5032 (which, yes, affects all licensees across the supply chain). Essentially, Section 5032 appears to prohibit all […]
New Year, New Rules: Final State Regulations Approved
It’s been a long time coming, but California’s final regulations for the cannabis industry are here. And for once, there aren’t any surprises. We saw the results of the last round of rulemaking in December, and the only thing standing between cannabis businesses and the sanity of their compliance teams was final approval of the […]
The End of the Collective Era: Businesses Without Licenses are no Longer Protected by the CUA
We have now reached another dramatic change in the history of cannabis. As of January 9, 2019, the protections set forth under the historic MMP ceased. Instead, licensing and the regulations under MAUCRSA govern Background In 2003, the California Legislature enacted Senate Bill 420, otherwise known as the Medical Marijuana Program Act (“MMP”). The MMP […]
2018 Farm Bill: A Look at the New Hemp Restrictions and the Still Questionable Legality of CBD
In December 2018, the president signed the Farm Bill into law. The Farm Bill vastly expands the commercial prospects for industrial hemp in the United States, removing hemp from the Controlled Substances Act (though, not cannabis, which remains Schedule I). Without question, the 2018 Farm Bill marks a major change in federal law, opening the […]
Cannabis Businesses Feel Whiplash in Los Angeles from Recent Ordinance Changes and New Rules
Written by Taylor Ulrich, Esq. There is a lot of action making its way through the Los Angeles City Council and the Department of Cannabis Regulations (“DCR”). We’ve prepared a preview of some of the most pertinent and interesting: EMMDs Now Precluded from Relocating As of November 30th, Existing Medical Marijuana Dispensaries (“EMMDs”) are precluded […]
Lighting Up at Home – Know Your Tenant Rights
Written by Taylor Ulrich, Esq. Housing Rights for Tenants with Patient Recommendations Housing providers are free to regulate conduct unrelated to any fair housing protected class however they choose. An outright ban on the use, possession, or cultivation of marijuana on site does not violate any landlord/tenant or fair housing laws, even where marijuana has […]