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 […]
California Awards Over $52 Million for Communities Disproportionately Affected by the War on Drugs
Last week, the Governor’s Office of Business and Economic Development (GO-Biz) awarded $52.4 million to nonprofit organizations and health departments through the California Community Reinvestment Grants (CalCRG) program, which was established as part of Prop. 64. Funded in part by the cannabis excise tax, this program serves communities disproportionately affected by past federal and state […]
California Legislators Advance Bills Addressing Hemp Products, Cannabis Excise Tax, Online Marketplaces
California lawmakers in both the Assembly and Senate have moved legislation addressing cannabis and hemp issues through votes by the assigned policy committees in their respective chambers. Most critical to the financial health of the entire California regulated market, this week, AB 564 (Haney), which would retain the existing cannabis excise tax rate of 15% […]
DCC Will Hold Hearing Tuesday Regarding Cultivation Updates and Sanitation Standards Regulations
California’s Department of Cannabis Control (DCC) will hold a virtual public hearing on Tuesday, April 29, beginning at 10 a.m. (PT) regarding adoption of proposed regulations addressing cultivation updates and minimum sanitation standards. Having identified several aspects of the current cultivation regulations that are unclear, unreasonably burdensome, facilitate diversion to the illicit market, or are […]
In CBD Product Case, U.S. Supreme Court Expands RICO’s Reach to Include Loss from Personal Injury
In a decision sure to be celebrated and cited by the plaintiffs’ bar, last week, by a 5-4 vote, the United States Supreme Court held, in Medical Marijuana, Inc. v. Horn, that “a plaintiff may seek treble damages [under federal civil RICO law] for business or property loss even if the loss resulted from a […]
California Governor Awards over $18 million in Cannabis Social Equity Grants to Local Jurisdictions
Earlier this month, the California Governor’s Office of Business and Economic Development announced the fiscal year 2024-25 grant recipients for the Cannabis Equity Grants Program for Local Jurisdictions, totaling over $18 million to bring more operators into the legal market across 18 local jurisdictions throughout the state. The California Cannabis Equity Act of 2018 (Senate […]
California Looks Set on Raising the Cannabis Excise Tax, Negatively Impacting Licensed Market
Last week, the California Department of Tax and Fee Administration (CDTFA) reported cannabis tax revenue for the fourth quarter of 2024, showing $128 million in cannabis excise tax collected from cannabis businesses, and removing all doubt that the CDTFA will be required to raise the excise tax to as much as 19% as of July […]
California Legislators Submit Bills Addressing Vape Pens, Medical Shipments, and Low-Dose Hemp Drinks
Last week, just in time for the deadline to introduce legislation during the 2025 Legislative Session, California Assembly Members and California Senators introduced several bills addressing a number of cannabis and hemp law issues, including vape pens, medical shipments of cannabis to California patients, low-dose hemp drinks, and securing payment of workers’ compensation from licensed […]
Lawmakers Introduce Bills to Address Online Marketplaces, Unlicensed Activities, and Excise Tax
Ahead of next week’s deadline to introduce bills in this legislative session, California lawmakers have put forward cannabis law reform measures aimed at online marketplaces, at preventing a looming increase in the cannabis excise tax, and at streamlining the process for local agencies to obtain court judgments to collect fines and penalties assessed for unlicensed […]
Some California Cities See Retail Expansion While Most Jurisdictions Continue to Ban Retail Cannabis
Recently, several California cities have expanded, or have considered expanding, retail cannabis operations within their jurisdictional boundaries. For example, last month the City of Monterey welcomed its first cannabis dispensary, and the City of Woodland also saw the opening of the first dispensary in town. In the last few weeks, the City of Redondo Beach […]
Local Jurisdictions Start 2025 with New Cannabis Rules, Plans, and Retail
California cities and counties have started the new year with changes to their cannabis rules and plans, and an expansion of retail access. This month, the Monterey County Board of Supervisors approved a revised Cannabis Strategic Plan, while the Board of Supervisors of Tulare County unanimously passed an amendment to their cannabis ordinance to allow […]
Ninth Circuit Revives Property Owner Class Action Lawsuit Against Humboldt County
In a momentum-shifting decision, the United States Court of Appeals for the Ninth Circuit has revived a landowner class action lawsuit challenging Humboldt County’s cannabis abatement program. This week in Thomas v. Cnty. of Humboldt, Cal., No. 23-15847 (9th Cir. Dec. 30, 2024), the Ninth Circuit reversed a district court’s 2023 dismissal of a class […]
California Cannabis Excise Tax Increase Looming for Next Fiscal Year
The cannabis tax reform measures contained in AB 195 (2022) may have eliminated the state’s cultivation tax a couple of years ago, but California’s government looks set on a course to recoup that lost cultivation tax revenue through an increase in the state’s excise tax starting in July 2025. This month, the California Legislative Analyst’s […]
Beverly Hills Bar Association to Host Shay for December 18 Webinar
Join Shay on December 18 at 10 a.m. (PT) for an online webinar presentation looking at the cannabis laws signed by Governor Newsom in the 2024 California Legislative Session. From the “cannabis cafe” bill to new advertising prohibitions for hemp, Shay will provide a deep dive into the laws that will shape the cannabis and […]