News & Analysis as of

State and Local Government Marijuana California

Bradley Arant Boult Cummings LLP

God Only Knows: California Moves to Ban Hemp Products

As expected by many, Gov. Gavin Newsom’s administration proposed a permanent ban on many of the hemp products available in the state, as reported in SFGate (emphasis added): The California Department of Public Health...more

Foley Hoag LLP - Cannabis and the Law

California Introduces Legislation to Curb Online Direct-to-Consumer Hemp Product Sales

Perhaps recognizing an enforcement gap in the evolving struggle to protect consumers from what Governor Newsom has characterized as a grave threat to public health and safety, the California legislature is taking steps to...more

Seyfarth Shaw LLP

Cultivator Not Entitled to Use Easement for Cannabis Purposes Absent Landowner Consent

Seyfarth Shaw LLP on

On October 29, 2024, the Second District Court of Appeals of California decided against the County of Santa Barbara (“the county”) in JCCRandall LLC v. County of Santa Barbara. The Court held, contrary to popular belief, that...more

Miller Starr Regalia

JCCrandall, LLC V. County Of Santa Barbara: Will A Dispute Over The Use Of An Easement Send The Concept Of Legal Cannabis...

Miller Starr Regalia on

Cannabis is a multi-billion-dollar industry in California. For many years now, cannabis businesses have operated pursuant to state law, obtaining licenses and permits and entering into contracts to carry out cultivation,...more

Foley Hoag LLP - Cannabis and the Law

New California Emergency Hemp Regulations Draw the Ire of National Hemp Trade Group and Notorious Stoners Alike

As we discussed during a recent webinar, the new emergency regulations would disrupt the existing hemp market in California and effectively ban the production and sale of all intoxicating hemp products in the state. ...more

Seyfarth Shaw LLP

Purple Haze: LPA Mandate Poised to Continue Causing Confusion and Chaos for California Cannabis Licensees

Seyfarth Shaw LLP on

It is not often that the government has the opportunity to regulate and oversee an entirely brand new market; and, in the case of California, when it legalized recreational cannabis for adult-use, it decided to mandate...more

Bradley Arant Boult Cummings LLP

Dude, Where’s My Liquidation?

Every election it seems like the country inches closer to cannabis being legal at the federal level. Until that day comes, however, the question of whether those in the cannabis industry can seek bankruptcy relief remains....more

Sheppard Mullin Richter & Hampton LLP

Commercial Cannabis Permit Program and Overlay District Statutorily Exempt Under CEQA Guideline Section 15183

On June 13, 2023, the Second Appellate District affirmed the City of Pomona’s use of a statutory exemption for its Commercial Cannabis Overlay Permit Program under California Environmental Quality Act (CEQA) Guidelines...more

Sheppard Mullin Richter & Hampton LLP

California Expands Employees’ Right to Off-Duty Cannabis Use

Beginning January 1, 2024, and following the passage of Assembly Bill 2188, the California Fair Employment and Housing Act (FEHA) will add employee protections against discrimination based on off-the-job cannabis use with a...more

Weintraub Tobin

New Cannabis Discrimination Protections Coming to a California Workplace in 2024

Weintraub Tobin on

On September 18, 2022, the Governor approved AB 2188, which amends the California Fair Employment and Housing Act (FEHA), California’s employment antidiscrimination law....more

Sheppard Mullin Richter & Hampton LLP

In One Day, California Governor Signs Into Law Ten Cannabis Bills, Including Authorization for Interstate Commerce

Acting in one fell swoop, on September 18, 2022, California Governor Gavin Newsom signed 10 cannabis-related legislative bills into law. These bills, which touch on issues that run the gamut of the cannabis industry, are...more

Sheppard Mullin Richter & Hampton LLP

California Expands FEHA to Include Off The Job Cannabis Use

Virtually all California employers with five or more employees are covered by the Fair Employment and Housing Act (FEHA), the state’s most noteworthy civil rights law. FEHA protects and safeguards the right and opportunity of...more

Perkins Coie

California Proposes New Cannabis Lab Testing Regulations

Perkins Coie on

On July 8, California’s Department of Cannabis Control (“DCC”) issued draft regulations looking to standardize cannabis testing across the state. According to a statement, the DCC issued the proposed regulations in reaction...more

Sheppard Mullin Richter & Hampton LLP

California Governor Signs into Law Cannabis Tax Relief Bill

Help for California’s fledgling cannabis industry finally appears to be on the way. For years, the industry has shouldered heavy taxes – a 15% state-wide excise tax, sales and use taxes up to 10.75%, and local business...more

Sheppard Mullin Richter & Hampton LLP

California Cannabis Farmers May Finally Get Some Relief

Residents of California often complain about high taxes, but no one pays higher taxes than the cannabis industry. In addition to the Federal 280E penalties, the cannabis industry in California is subject to a 15% state-wide...more

Sheppard Mullin Richter & Hampton LLP

No April Fools: Starting April 1st, Cannabis Operators Face CEQA Compliance Requirements for State Licenses

For many in the cannabis industry, April 1, 2022 is seen as a day of reckoning following the July 2021 passage of Assembly Bill 141 and Senate Bill 160 (collectively, the Cannabis Trailer Bill)...more

Husch Blackwell LLP

California Laws Regarding Health And Safety Warnings For Cannabis Have Changed: Are You In Compliance?

Husch Blackwell LLP on

A new California Proposition 65 mandate took effect on January 3, requiring health warning labels for all cannabis products sold in the state. Failure to comply with the requirements can and will result in enforcement...more

Fox Rothschild LLP

Some Cannabis Products Sold In California May Require Updated Or New Proposition 65 Warnings

Fox Rothschild LLP on

Key Takeaways: •On January 3, 2021, California’s cannabis (marijuana) smoke and delta-9 THC Proposition 65 reproductive toxicant listings take effect. •Cannabis products currently sold without warnings may need warnings....more

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