Marijuana Rescheduling Means Federal Status Quo for Recreational Prohibition & FDA Approval
Even if the DEA reschedules marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA), the federal ban on recreational cannabis will remain in place, and the FDA drug approval process will remain as the only pathway for any drug containing marijuana to be federally legally marketed and sold in the United […]
Southern California Jurisdictions Consider Expansion and Reform of Commercial Cannabis
The City of Long Beach is looking into allowing temporary permitted special events with on-site cannabis consumption within the city’s boundaries after a unanimous vote last week by the Long Beach City Council. On November 5, the voters in the City of Duarte will consider allowing cannabis retail operations in the city. While The Southern […]
Medicine and Science Support Cannabis Decriminalization and Legalization
Following last month’s endorsement of drug decriminalization by the American Medical Association, the American College of Physicians has published a policy paper calling for the decriminalization of possession of small amounts of cannabis for personal use and for evidence-based medical education on the health effects of cannabis and cannabinoids, among other recommendations. These American College […]
Northern California Jurisdictions Expand and Strengthen Regulated Cannabis Markets
Over the past few weeks, a number of northern California local jurisdictions have taken steps to expand and strengthen the regulated cannabis markets operating within the boundaries of these cities and counties. Last month, the Petaluma City Council voted 6-0 to allow up to three new cannabis storefronts within city limits, expanding retail access within […]
Top 100 Northern California Super Lawyers® Announced
Shay Aaron Gilmore has been named to the Super Lawyers® Magazine Top 100 Northern California Super Lawyers List for 2024. This list recognizes the highest-rated Northern California attorneys across all areas of law practice. Shay has previously been recognized as a Northern California Super Lawyer in the Business & Corporate Law and Cannabis Law practice […]
Environmental Remediation Bill for Unlawful Cannabis Cultivation Heads to Senate Hearing
Illegal cannabis cultivation has emerged as a major threat to wildlife throughout California due to the rampant use of pesticides, habitat destruction, and water diversions associated with the trespass grows overlapping the habitats of sensitive species. In counties where cannabis cultivation is prohibited, like Siskiyou County, illicit cannabis farms have devastated wildlife. Representing California’s North […]
Oakland Pioneers Paid Internship and Academic Program for Equity Applicants
The City of Oakland has launched a first-of-its-kind academic and paid internship program for individuals in the City of Oakland who qualify as Equity Applicants under the city’s cannabis ordinance. Funded by the Governor’s Office of Business and Economic Development (Go-Biz) and the City of Oakland, and overseen by Case4Cannabis, Inc., in partnership with Merritt […]
State Auditor Finds Local Cannabis Permitting Practices Need Improvement
Late last week, California State Auditor Grant Parks released the results of an audit requested last year in the wake of a sprawling cannabis permitting corruption scandal in Southern California. Coming on the heels of January’s two federal guilty pleas for bribery in the Bay Area, this audit confirms how improvement is needed at the […]
California Cities Focus on Fortifying Legal Cannabis Commerce
Up and down the state, city governments have taken steps recently to expand access to cannabis, promote cannabis social equity, and reduce the tax burden on commercial cannabis operators, demonstrating steady, if incremental, fortification of the legal cannabis economy in California. In response to SB 1186 (2022), which took effect on January 1 and prohibits […]
Medicinal Cannabis Retail Premises Remain Prohibited Throughout Most of California
More than a year after Governor Newsom signed SB 1186, the Medicinal Cannabis Patients’ Right of Access Act, and over six months after the Department of Cannabis Control announced $4 million in grants to 18 local jurisdictions under the Local Jurisdiction Retail Access Grant (LJRAG) program, sixty-percent (60%) of California’s local jurisdictions continue to prohibit […]
California Adopts Emergency Regulation to Clarify “Gross Receipts” for Cannabis Excise Tax
On November 27, 2023, the California Department of Tax and Fee Administration proposed Emergency Regulation 3802 for immediate adoption to address issues identified by the Department related to calculating “gross receipts” for purposes of applying California’s 15% cannabis excise tax. To take immediate effect, the Department adopted Regulation 3802 to address: (1) the issue regarding […]
Are California Cities and Counties Ready for the Medicinal Cannabis Patients’ Right of Access Act?
California law changes on January 1 to outlaw prohibitions on medicinal delivery-only cannabis retail businesses.
San Francisco Cannabis Oversight Committee Up and Running Again
Shay reports on today’s San Francisco Cannabis Oversight Committee meeting.
Shay Appointed to San Francisco Cannabis Oversight Committee
On June 6, 2023, the City and County of San Francisco Board of Supervisors appointed Shay to serve in Seat 14 on the San Francisco Cannabis Oversight Committee. Per the San Francisco Administrative Code, Seat 14 must be held by a person with demonstrated subject matter expertise in California’s cannabis laws and regulations. The purpose […]
California Cannabis Social Equity and the Dormant Commerce Clause
As California takes steps toward interstate commerce for cannabis, the dormant Commerce Clause to the United States Constitution can potentially interfere with many state and local social equity provisions designed to ameliorate the damage caused by the War on Drugs. In this article for the Daily Journal published on April 27, Shay takes a look […]