Administrative Law
Expertise with Cannabis and Hemp Administrators
The heavily regulated cannabis space brings challenges every day, not just from changing laws and rules but also from changing gubernatorial and local government administrations. Whether you are launching a startup, or acquiring an established cannabis or hemp operation in California, regulators will scrutinize your business operations and transactions to ensure adherence to the letter and spirit of the cannabis laws and regulations in California. The Law Office of Shay Aaron Gilmore provides each of our clients with the specialized legal knowledge and resources necessary to stay ahead of these rules and regulations, in partnership with the government agencies enforcing them. Some of the firm’s legal services include:
- Administrative and regulatory investigations
- Issue advocacy
- Agency interactions
- Law enforcement contacts
- Enforcement actions
- Investigations
- Government applications
- Fines and penalty assessments
- Administrative hearings
- License suspension and revocation proceedings
- Regulator negotiations
- Product recalls
- Preventative measures, reporting and compliance plans
Focused on Compliant Cannabis and Hemp Businesses
California administrative law refers to the law created by the California governor and California administrative agencies, including: regulations, guidance, administrative decisions, and executive orders and proclamations. By far the two most important administrative agencies for California cannabis and hemp markets are: the Department of Cannabis Control, which is the state regulator for cannabis in California, and its sister agency, the Department of Food and Agriculture, which is the state regulator for hemp.
The Department of Cannabis Control (DCC) proposes and adopts regulations, issues guidance, and decides administrative hearings to enforce cannabis legislation or issue disciplinary action against an operator. When adverse to operators, these decisions can be reached on a number of grounds, including but not limited to:
- Failure to comply with the provisions of any DCC regulation
- Failure to comply with licensing conditions or operating procedures
- Conduct that constitutes grounds for denial of licensure
- Failure to comply with local ordinance regulating commercial cannabis activity
For hemp, the Department of Food and Agriculture administers the California Industrial Hemp Program under the California State Regulatory Plan for Hemp Production approved by the United States Department of Agriculture.
Administrative law issues can be incredibly challenging for any cannabis business, sometimes beginning with an inquiry or investigation from a state or local regulator and then devolving into formal proceedings, invariably accompanied by large fines. The Law Office of Shay Aaron Gilmore stays current with all proposed and enacted legislation and agency rulemaking relevant to the cannabis and hemp markets, proactively advising clients of their rights and the legal solutions that will allow them to move forward adhering to the letter and spirit of the law profitably.
