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 […]
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 […]