canna law blog

The Neighborhood “Gangbusters”: Avoiding RICO Cannabis Lawsuits

The Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal Nixon-era law originally intended to combat drug cartels and organized crime. Among other features, it allows average citizens claiming a loss in property value to bring suit for triple damages plus attorney’s fees against any “person” or “enterprise” that has a part in any

canna law blog

California Cannabis: So Close on Provisional Licensing

The California legislature is currently finalizing a bill (SB-1459) which would establish a provisional licensing regime for California cannabis businesses. The bill moved into "enrolled" status late last week, which means that SB-1459 has been approved by both houses of the state legislature and is being proofread to ensure all amendments were properly inserted. Once SB-1459 is

canna law blog

Los Angeles Cannabis: Don't Forget Your Social Equity Business Agreements

Applicants who qualify for commercial cannabis licensure during Phase II of the City of L.A.'s cannabis licensing process only have until September 13 to get their applications into the Department of Cannabis Regulation ("DCR"). This phase of licensing is reserved for existing, non-retail, social equity applicants. To get a license during this phase, the DCR

canna law blog

California Cannabis: Industrial Hemp Regulation Moves Ahead

Last week, California’s industrial hemp bill, SB 1409, received a unanimous passing vote from committee. We last wrote about SB 1409 in March, and the legislation has undergone some changes, warranting a new summary of what has been proposed. Currently, California law regulates the cultivation of industrial hemp, and specifies certain procedures and requirements on

canna law blog

California Cannabis Distributors and Motor Carrier Permits

Oftentimes in the marijuana industry, licensees forget or don't believe that existing federal, state, and local laws apply to their cannabis operations. For example, things like ADA and OSHA compliance get overlooked where the thinking can be, "I'm already violating one federal law, so I don't have to comply with other, existing federal or state

canna law blog

California Cannabis Leasing: Landlord Pitfalls

We’ve written previously about some common issues landlords run into when leasing to cannabis businesses (see links at the bottom of this article). Now that we’ve seen almost a year’s worth of emergency regulations, and the state has released its proposed final regulations, we’ve also seen a variety of cannabis leasing issues crop up. Here

canna law blog

Dirty Dancing: Flips and Tricks of Cannabis Social Equity in L.A.

Phase II cannabis licensing in the City of Los Angeles (for only non-retail activity) kicked off on August 1 at 12 p.m. (and it will conclude on September 13th). To qualify for a City of Los Angeles cannabis license during this timeframe, an applicant must, among other things, be eligible for the City's cannabis social equity program. This

canna law blog

California Cannabis Leasing: The Normalization of Cannabis Landlords

Almost two years after the passage of Proposition 64, the 2016 California voter initiative to legalize and regulate medicinal and adult-use cannabis, California has begun to finalize its regulations that will govern the largest cannabis market in the country, though that effort has not been without some hiccups and bumps in the road. But, things

canna law blog

Start Your Engines for California Cannabis Recalls

Now that the MAUCRSA transition period is over and full cannabis testing is in the works, we can fully expect California marijuana companies to start engaging in recalls of certain products for a variety of reasons. In fact, a voluntary recall has already been initiated by The Bloom Brand where an impermissible pesticide (Myclobutanil) was

canna law blog

Phase II Licensing and Social Equity in the City of Los Angeles

Cannabis licensing in the City of Los Angeles has been a slow go. Though the City's Department of Cannabis Regulation ("DCR") has licensed 155 Existing Medical Marijuana Dispensaries ("EMMDs") there is still an entire line of existing cultivators and manufacturers, social equity applicants, and general public applicants waiting their turn for cannabis entitlements. The City announced

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