Ten Things You Need to Know About AB 45: Legal CBD & Hemp in California

AB 45, which would legalize CBD in food, beverages, cosmetics, dietary supplements, and pet food, has faced serious opposition from operators in the legal cannabis market. Despite the onslaught  of opposition, the bill gained enough support to be passed onto the desk of Governor Newsom, and is soon to be signed into California state law. […]

New Department, New Rules: Emergency Cannabis Regulations Released for Public Comment

With any luck, by the end of this month California cannabis entrepreneurs will be working under one set of state regulations. On September 15, the public comment period opened for the Department of Cannabis Control (DCC)’s proposed emergency regulations; the public had through Monday, September 20 to submit their feedback on the proposal. The rules […]

Last Call: Legislative Deadlines vs. Late Policy Pushes

Sacramento survived another round of suspense hearings late last week, with several bills held by the Assembly and Senate Appropriations Committees as legislators and stakeholders prepare for the last two weeks of the legislative session. With significant cannabis policy pushed through in the budget process (e.g. consolidation of regulatory agencies, trade samples, CEQA streamlining), few […]

New State Cannabis Department Comes With New Rules. Spoiler Alert: Not Everyone Is Happy.

California has finally ridden itself of its three-headed cannabis beast and replaced its multiple regulatory authorities with the single Department of Cannabis Control (DCC). Led by the newly appointed director, Nicole Elliot – former cannabis advisor to Governor Newsom – the DCC will be responsible for state licensing and enforcement for commercial cannabis activity. One […]

Hemp & CBD in Food, Drugs and Cosmetics – Federal and CA Landscape

Although California has legalized cannabis despite federal illegality, on the issue of hemp-derived foods, current state law conforms to federal law. And under federal law, most hemp derivatives are currently not permitted as food additives for several reasons. Hemp in Food, Drugs and Cosmetics under Federal Law One reason is the “drug exclusion rule”, of […]

Legislative Update: Wins and Losses as First House Deadline Approaches

The end of April marks the deadline for policy committees to hear all legislation identified as having a fiscal impact on the state (which includes most bills). If bills are not heard by then, they are automatically turned into two-year bills and are stuck in their existing location until next year. With the Legislature forced […]

California Trademark Protection for Cannabis Businesses

A trademark is a word, name, or symbol used in commerce to identify and distinguish the goods and services of one company from those manufactured, sold, and/or provided by others. Trademarks help businesses create and maintain a unique brand and often represent a company’s reputation, brand identity, and goodwill.  Trademark infringement occurs when another business […]

New Year, Old Battles: California’s Latest Cannabis Legislation

With the COVID-19 pandemic throwing a wrench in their plans for cannabis policy last year, lawmakers and state regulators are pushing for big changes in 2021. The Newsom Administration is working towards a consolidation of the three licensing authorities (see the latest analysis by the Legislative Analyst’s Office). At the same time, legislators continue to […]

California Submits Proposed Hemp Regulations to the USDA – If Approved, Compliance Will be Key

On September 21, 2020, the California Department of Food and Agriculture (CDFA) released its proposed Regulatory Plan for Hemp Production (the “Regulatory Plan”). They were submitted to the United States Department of Agriculture (USDA) and must be approved or denied within 60 days, and if approved, become immediately operative. Notably, the regulations provide guidelines for […]

Much Ado About the DEA Interim Final Rule; What’s The Deal With Hemp?

On August 21, 2020, the Drug Enforcement Administration (DEA) published an interim final rule (IFR) to implement hemp-related amendments to the Federal Controlled Substances Act (CSA) that were made by the Agricultural Improvement Act of 2018 (the “2018 Farm Bill”). According to the DEA, this IFR “merely confirms [the agency’s] regulations to the statutory amendments […]