California Opens Public Comment on Cannabis Appellations Program Amendments
On January 2, 2026, the California Department of Food and Agriculture (CDFA) released proposed amendments to its Cannabis Appellations Program (CAP) regulations, marking a significant step toward operationalizing the world’s first governmental appellation system for cannabis. The 45-day public comment period runs through February 17, 2026, giving stakeholders an opportunity to weigh in on key […]
2025 California Cannabis Litigation and Case Law: DCC Loss Headlines Year of Court Decisions
As California’s cannabis industry matures, the past year has produced an array of court decisions and case law addressing regulatory compliance, property rights, insurance coverage, and the persistent tension between state legalization and federal prohibition. DCC’s Track-and-Trace System Fell Short in California Superior Court Arguably, the most significant decision this year came from Orange County […]
Marijuana Rescheduling, If It Happens, Will Be Incremental Progress and Still Not the Answer
Introduction Rumors of marijuana rescheduling have again dominated the headlines, with reports that President Trump is considering an executive order to move marijuana from Schedule I to Schedule III of the Controlled Substances Act. [1] [2] As I previously discussed in my September 19, 2024 blog post, one fundamental truth remains unchanged: rescheduling does not […]
Shay to Present a Review of the Cannabis Laws of the 2025 California Legislative Session
Join Shay Aaron Gilmore of The Law Office of Shay Aaron Gilmore for a review of the cannabis laws of the 2025 California Legislative Session, presented by the Beverly Hills Bar Association. California lawyers can earn 1.0 hour of general CLE credit, but anyone interested in the 2025 California laws impacting cannabis and hemp should […]
New Federal Ban Set to Meet California’s AB 8 in a Regulatory Squeeze for the Hemp Industry
The November 2025 federal ban on hemp-derived THC products, signed into law as part of the government spending bill last week, will meet California’s AB 8 (Aguiar-Curry) signed into California law by Governor Newsom in September, with AB 8 Phase 1 taking effect January 1, 2026, and the federal ban following on November 12, 2026. […]
Southern California’s Cannabis Industry Confronts Numerous Challenges
California’s legal cannabis market is experiencing significant headwinds across Southern California. From the Central Coast to The Inland Empire & The L.A. Metro Area and down to The Southern Border Region, licensed operators face mounting challenges marked by declining tax revenues, business closures, and persistent competition from unlicensed operations. Compounding these challenges, a series of […]
The Cannabis Laws of the 2025 California Legislative Session
Although the 2025 California Legislative Session delivered only a handful of new cannabis laws, the bills that did get signed are poised to deliver significant impacts to the cannabis industry. Today, I published this article in The The Inland Empire & The L.A. Metro Area / San Francisco Daily Journal looking at this session’s cannabis […]
California’s Track-and-Trace System Goes on Trial in an Orange County Courtroom, With National Implications
The five-year legal showdown between Catalyst Cannabis and California’s Department of Cannabis Control (DCC) over supply chain diversion is finally approaching a critical trial—one that could fundamentally reshape cannabis compliance, regulatory enforcement, and technology standards across the industry. Background: The Track-and-Trace Controversy At the center of this case lies the question of “diversion”: whether legally […]
California Lawmakers Send Cannabis Bills to Newsom’s Desk, Including Excise Tax Rollback, and Hemp Products Integration
By the conclusion of the 2025 California Legislative Session this past weekend, state lawmakers had sent no fewer than five cannabis bills to Governor Newsom’s desk, including measures to rollback the cannabis excise tax, and to integrate industrial hemp products into the cannabis supply chain governed by the Medicinal and Adult Use Cannabis Regulation and […]
Recent Studies and Surveys Undermine Myths about Cannabis Access and Use, Reveal Increasing Acceptance
With federal rescheduling rumors circulating, and the California Senate Appropriations Committee moving a crucial cannabis excise tax rollback measure to a vote on the California Senate floor, recent scientific studies and surveys have continued to undercut the myths surrounding cannabis access and use, while revealing increased acceptance. Contrary to the position that permissive cannabis laws […]
In Split Decision, Second Circuit Panel Holds Dormant Commerce Clause Applies to State Cannabis Regimes
Introduction On August 12, 2025, the United States Court of Appeals for the Second Circuit issued a decision in Variscite NY Four, LLC v. New York State Cannabis Control Board, Variscite NY Four, LLC v. N.Y. State Cannabis Control Bd., No. 24-384-cv, slip op. (2d Cir. Aug. 12, 2025) (“Variscite NY Four, LLC“) that is […]
Cannabis Retail and Cultivation Expand in SoCal, While NorCal Faces Environmental, Privacy, and Other Woes
While cannabis retail and cultivation have recently expanded in southern California, a combination of environmental, right-to-privacy, and other woes have beset northern California cannabis communities. Earlier this month, the City of Santee in the County of The Southern Border Region approved four cannabis retail shops for permits after a four-phase vetting process that began last […]
Hemp Products Integration, Local Penalty Enforcement, and Online Marketplaces Bills Proceed in Legislature
Ahead of yesterday’s break for Summer Recess, California lawmakers moved several cannabis and hemp bills through the policy committees of the Assembly and Senate toward the next stage in the legislative process. While AB 564 (Haney) continues to draw the most attention, other bills include legislation: to integrate hemp products into the state-regulated regime under […]
Governor Moves to Permanently Ban Hemp THC in California under Proposed Rulemaking
Last week, the California Department of Public Health (CDPH) published a Notice of Proposed Rulemaking for permanent regulations requiring that industrial hemp food, food additives, beverages, and dietary supplements intended for human consumption (1) have no detectable THC per serving, (2) cannot be sold to purchasers under age 21, and (3) may have no more […]
Shay Will Moderate a Panel of Cannabis Law and Policy Experts at Next Week’s Cannabis Law Institute
Next week, at the International Cannabis Bar Association’s Cannabis Law Institute, Shay will lead a discussion about the legacy-to-legal transition for cannabis businesses in recent history in the United States. From Sturm College of Law at The University of Denver, Shay will be joined on stage by renowned trial lawyer and author of “California Cannabis […]