California has a rocky history when it comes to hemp-derived CBD. Despite the fact that the state adopted a robust medical and recreational cannabis program, for years it has taken the mystifying position that many kinds of hemp-derived products simply can’t be sold. Essentially, foods, beverages, and dietary supplements are a no-go according to the
It goes without saying, but 2020 was a pretty wild year for the California cannabis and hemp industries. We think 2021 will be a pretty active year and want to list out some things to watch out for as we kick off the new year. Agency Consolidation: It was announced in January 2020 that California’s
Earlier this fall, several news outlets reported on a lawsuit alleging that federal and state law enforcement agencies in California wrongfully destroyed a hemp grow worth more than $3 million. (See here, and here). The case, Agro Dynamics, LLC v. DEA, et al., was filed in the federal district court for the Southern District of
On November 17, 2020, the Fresno County Superior Court dismissed a lawsuit filed by 24 California cities seeking to invalidate state cannabis regulations that allow delivery of cannabis to customers in jurisdictions that have banned retail commercial cannabis activity. Many industry players and media are touting the dismissal as a “win” for California cannabis companies.
This summer, I wrote about a Title III lawsuit that was filed against cannabis company NC3 Systems dba Caliva. As a quick refresher, Title III of the Americans with Disabilities Act (“ADA”) requires all businesses to remove any obstacle that interferes with a disabled person’s ability to access their products or services online. The plaintiff
In a step towards achieving the goals of the SAFE Banking Act, California Governor Gavin Newsom approved Assembly Bill 1525, which importantly provides that banks, credit unions, and other financial servicers to cannabis businesses do not violate California law “solely by virtue of the fact that the person receiving the benefit of any of those
On September 24, 2020, the Bureau of Cannabis Control (“BCC”) issued a press release announcing its filing of a complaint seeking civil penalties from Vertical Bliss, Inc., also known as Kushy Punch (“Vertical Bliss”), as well as other related individuals for unlicensed commercial cannabis activity. For a bit of background, in November of last year,
The California Consumer Privacy Act (CCPA) took effect at the beginning of the year. CCPA is a massive privacy law similar in scope to the European Union’s infamous General Data Protection Regulation, and applies to many businesses (not just cannabis businesses) that are based in or even “do business” in California. I wrote about the
Yesterday, my Harris Sliwoski colleague Vince Sliwoski wrote a post entitled, “The Oregon Fires and Cannabis“. Given how fires have been ravaging California for the past few weeks, I thought I’d write on how California’s fires are affected the cannabis industry. For the past few weeks, our California cannabis attorneys have been told by a
Due to the federal illegality of cannabis, cannabis businesses don’t receive normal treatment from the federal government (with maybe one or two exceptions, like the NLRB and the 2014 FinCEN guidance for access to financial institutions). This obviously mucks up the ability of a cannabis business to operate in a consistent and reliable way, and
