# The Law Office of Shay Aaron Gilmore

> Business Counsel for Our Cannabis and Hemp Community


## Posts

- [California Opens Public Comment on Cannabis Appellations Program Amendments](https://shaygilmorelaw.com/california-opens-public-comment-amendments-cannabis-appellations-program/): 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 changes that could reshape how California’s legacy cultivators protect and market their regional products. [1] What’s Changing? The proposed amendments address several practical barriers that have delayed the program’s launch. Most notably, CDFA is proposing to reduce the minimum number of cultivators required per petition […]
- [2025 California Cannabis Litigation and Case Law: DCC Loss Headlines Year of Court Decisions](https://shaygilmorelaw.com/2025-california-cannabis-litigation-case-law-dcc-loss-headlines-year-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 Superior Court on December 9, 2025, when Judge Lee Gabriel ruled that the Department of Cannabis Control has failed to automatically flag irregularities in the state’s track-and-trace system as required by law. In HNHPC, Inc. v. Department of Cannabis Control, Judge Gabriel found that the […]
- [Marijuana Rescheduling, If It Happens, Will Be Incremental Progress and Still Not the Answer](https://shaygilmorelaw.com/marijuana-rescheduling-if-it-happens-will-be-incremental-progress-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 equal legalization. While the prospect of Schedule III classification has generated considerable excitement in the cannabis industry, businesses and consumers need a clear-eyed understanding of what rescheduling actually accomplishes, and what critical limitations persist. Current Status of the Rescheduling Process The rescheduling saga has been […]
- [Shay to Present a Review of the Cannabis Laws of the 2025 California Legislative Session](https://shaygilmorelaw.com/shay-to-present-review-cannabis-laws-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 not miss this presentation. Register here: https://conta.cc/3IPj1F3
- [New Federal Ban Set to Meet California's AB 8 in a Regulatory Squeeze for the Hemp Industry](https://shaygilmorelaw.com/new-federal-ban-set-to-meet-californias-ab-8-in-regulatory-squeeze-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. With AB 8 full implementation scheduled to arrive as of January 1, 2028, the hemp industry in California currently faces a three-stage regulatory squeeze, front-loaded over the next twelve months: Current Regulatory Timeline Overview Date Regulatory Development Action Jan 1, 2026 AB 8 Phase 1: […]
- [Southern California's Cannabis Industry Confronts Numerous Challenges](https://shaygilmorelaw.com/southern-california-cannabis-industry-confronts-numerous-challenges/): California’s legal cannabis market is experiencing significant headwinds across Southern California. From the Central Coast to Los Angeles and down to San Diego, licensed operators face mounting challenges marked by declining tax revenues, business closures, and persistent competition from unlicensed operations. Compounding these challenges, a series of corruption scandals involving local officials has raised questions about the integrity of permitting systems designed to regulate the industry. Declining Revenue and Business Closures The financial trajectory of Southern California’s cannabis sector reflects broader challenges. In Santa Barbara County, cannabis tax revenue continues its downward trend, attributed in part to the county’s reliance […]
- [The Cannabis Laws of the 2025 California Legislative Session](https://shaygilmorelaw.com/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 Los Angeles / San Francisco Daily Journal looking at this session’s cannabis laws that got signed, and the couple bills that got vetoed.
- [California's Track-and-Trace System Goes on Trial in an Orange County Courtroom, With National Implications](https://shaygilmorelaw.com/californias-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 grown cannabis is slipping into the illicit market due to deficiencies in California’s mandatory track-and-trace system, operated by Metrc. Catalyst Cannabis alleges that both DCC and Metrc failed to detect and prevent widespread abuses—particularly through so-called “burner distros”—thereby enabling substantial quantities of cannabis to be […]
- [California Lawmakers Send Cannabis Bills to Newsom's Desk, Including Excise Tax Rollback, and Hemp Products Integration](https://shaygilmorelaw.com/california-lawmakers-cannabis-bills-governor-newsom-including-excise-tax-rollback-hemp-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 Safety Act (MAUCRSA). Governor Newsom has until October 12, 2025 to take action on any measures delivered to him this legislative session.
- [Recent Studies and Surveys Undermine Myths about Cannabis Access and Use, Reveal Increasing Acceptance](https://shaygilmorelaw.com/recent-studies-surveys-undermine-myths-cannabis-access-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 increase teen cannabis use, there has not been any significant rise in self-reported marijuana use by adolescents following the enactment of both medical cannabis access laws and adult-use marijuana laws, according to several studies. In the face of groups arguing against increased cannabis access because […]
- [In Split Decision, Second Circuit Panel Holds Dormant Commerce Clause Applies to State Cannabis Regimes](https://shaygilmorelaw.com/second-circuit-panel-finds-dormant-commerce-clause-applies-cannabis/): 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 poised to reverberate through state cannabis regulatory regimes nationwide, especially as courts and policymakers continue grappling with how the dormant Commerce Clause applies to cannabis laws—an issue I analyzed at length in my April 2023 article for the Daily Journal. Decision Summary: Variscite NY Four, […]
- [Cannabis Retail and Cultivation Expand in SoCal, While NorCal Faces Environmental, Privacy, and Other Woes](https://shaygilmorelaw.com/cannabis-retail-cultivation-expands-southern-california-while-northern-california-faces-environmental-privacy-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 San Diego approved four cannabis retail shops for permits after a four-phase vetting process that began last October. Also this month, cannabis research in southern California expanded when the City of San Diego Police Department secured a $428,000 grant from California Highway Patrol, using the state’s Cannabis Tax Fund, to acquire specialized equipment, including improved tools for detecting and assessing drug-impaired drivers (even as […]
- [Hemp Products Integration, Local Penalty Enforcement, and Online Marketplaces Bills Proceed in Legislature](https://shaygilmorelaw.com/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 the Medicinal and Adult Use Cannabis Regulation and Safety Act, to give local governments new tools to enforce penalties for unlicensed cannabis activities, and to regulate online marketplaces for cannabis and hemp products. After a similar Assembly bill failed to pass last legislative session, AB […]
- [Governor Moves to Permanently Ban Hemp THC in California under Proposed Rulemaking](https://shaygilmorelaw.com/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 than 5 servings per package. These regulations, originally adopted by the CDPH under the Emergency Rulemaking Process in late 2024 (“Emergency Regulations“), were re-adopted in March of this year. Pursuant to last week’s Notice, a 45-day public comment period has been opened, and a public […]
- [Shay Will Moderate a Panel of Cannabis Law and Policy Experts at Next Week's Cannabis Law Institute](https://shaygilmorelaw.com/shay-moderate-panel-cannabis-law-policy-experts-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 Laws,” Omar Figueroa; celebrated criminal defense lawyer and NORML Board Chair, Joseph Bondy; Special Advisor on Cannabis to Colorado Governor Jared Polis, Ean Seeb; and Sabrina Noah, Principal at NRM Consulting. As part of the Cannabis Law Institute’s two days of programming, Shay’s panel will […]
- [California Awards Over $52 Million for Communities Disproportionately Affected by the War on Drugs](https://shaygilmorelaw.com/california-awards-millions-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 drug policies, and last week’s announcement marks the seventh round of grants under the program. Since April 2020, the CalCRG program has provided millions of dollars in grants to support job placement, mental health treatment, substance use disorder treatment, system navigation services, legal services to […]
- [California Legislators Advance Bills Addressing Hemp Products, Cannabis Excise Tax, Online Marketplaces](https://shaygilmorelaw.com/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% of the gross receipts of any retail sale by a cannabis retailer, passed out of the Assembly Revenue & Tax Committee unanimously. Also this week, AB 632 (Hart), which would streamline the process for a local agency to obtain a court judgment for payment of […]
- [DCC Will Hold Hearing Tuesday Regarding Cultivation Updates and Sanitation Standards Regulations](https://shaygilmorelaw.com/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 out of alignment with comparable industries, and having determined that some existing regulatory requirements are unclear or even unnecessary because they overlap with existing regulatory authority of other state agencies, the DCC proposed last month a package of changes to the Department’s cultivation regulations, and […]
- [In CBD Product Case, U.S. Supreme Court Expands RICO's Reach to Include Loss from Personal Injury](https://shaygilmorelaw.com/in-cbd-product-case-scotus-expands-rico-reach/): 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 personal injury.” 604 U. S. ____ (2025). In this case, plaintiff Douglas Horn, a commercial truck driver, used a CBD product called “Dixie X,” advertised as THC-free by defendant Medical Marijuana, Inc. Weeks after use, plaintiff Horn failed a drug test and lost his job. […]
- [California Governor Awards over $18 million in Cannabis Social Equity Grants to Local Jurisdictions](https://shaygilmorelaw.com/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 Bill 1294) established, and the Budget Act of 2019 appropriated funding for, this state program to support local jurisdictions in developing and operating local cannabis equity programs that focus on the inclusion and support of individuals in California’s legal cannabis marketplace who are from communities […]
- [California Looks Set on Raising the Cannabis Excise Tax, Negatively Impacting Licensed Market](https://shaygilmorelaw.com/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 1, 2025. This statutorily-required increase in the excise tax is intended to recoup tax revenue amounts the CDTFA would have collected over the past three years had the cultivation tax not been abolished. As I blogged about in December, this increase is happening because of […]
- [California Legislators Submit Bills Addressing Vape Pens, Medical Shipments, and Low-Dose Hemp Drinks](https://shaygilmorelaw.com/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 cannabis employers, among other issues. AB 998: Household hazardous waste: vape pens. The Department of Toxic Substances Control generally regulates the management and handling of hazardous waste and hazardous materials, and existing law authorizes certain entities to operate household hazardous waste collection facilities, under permits […]
- [Lawmakers Introduce Bills to Address Online Marketplaces, Unlicensed Activities, and Excise Tax](https://shaygilmorelaw.com/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 commercial cannabis activity, including by lien on the real property where the unlicensed commercial cannabis activity took place. SB 378 Online marketplaces: illicit cannabis: reporting and liability. Senator Scott Wiener (San Francisco) has introduced SB 378, which is focused on the online marketplaces that facilitate […]
- [Some California Cities See Retail Expansion While Most Jurisdictions Continue to Ban Retail Cannabis](https://shaygilmorelaw.com/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 has moved closer to allowing two cannabis dispensaries to enter the city limits, and the City of San Pablo Planning Commission has recommended that the city council approve amending the city’s zoning ordinance to allow for up to three cannabis retail stores to operate within […]
- [Local Jurisdictions Start 2025 with New Cannabis Rules, Plans, and Retail](https://shaygilmorelaw.com/local-jurisdictions-open-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 for the immediate imposition of administrative fines for unlicensed cannabis activities. The City of Antioch has welcomed a new retail shop as part of that city’s downtown revitalization efforts, and just this week the Jackson Square neighborhood of San Francisco has seen the opening of […]
- [Ninth Circuit Revives Property Owner Class Action Lawsuit Against Humboldt County](https://shaygilmorelaw.com/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 action lawsuit challenging Humboldt County’s system of penalties and fees regarding cannabis abatement. In reversing the district court, the Ninth Circuit first found that plaintiffs had standing for their substantive and procedural due process claims under both traditional “concrete injury” analysis (Carpinteria Valley Farms, Ltd. […]
- [California Cannabis Excise Tax Increase Looming for Next Fiscal Year](https://shaygilmorelaw.com/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 Office issued its Cannabis Tax Revenue Update for the third quarter of 2024 showing a projected shortfall of $42 million in cannabis tax revenue for the 2024-2025 fiscal year as compared with the Governor’s May 2024 revision. This projected shortfall for this fiscal year follows […]
- [Beverly Hills Bar Association to Host Shay for December 18 Webinar](https://shaygilmorelaw.com/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 hemp economy in California over the next year and beyond. This presentation has been approved by the State Bar of California for 1 hour of continuing legal education credit. You can register here to save your spot for this webinar hosted by the Beverly Hills […]
- [The Cannabis Laws of the 2024 California Legislative Session](https://shaygilmorelaw.com/the-cannabis-laws-of-the-2024-california-legislative-session/): As we look forward to the beginning of a new session of the California Legislature in 2025, here is a look back at the California cannabis laws enacted in 2024 in an article I just published in the Los Angeles / San Francisco Daily Journal.
- [Cannabis Arrests Again Surpassed 200,000 in 2023, Concentrated in U.S. South & Midwest](https://shaygilmorelaw.com/cannabis-arrests-again-surpassed-200000-in-2023-concentrated-in-u-s-south-mid/): For the second year in a row, the FBI has reported that law enforcement made over two-hundred-thousand (200,000) arrests in the United States related to cannabis. Of those charged with violating marijuana laws in 2023, eighty-four percent (84%) were charged with possession only, and the FBI reported that in 2023 nearly twenty-five (25%) percent of all drug-related arrests were for marijuana possession. While these arrest numbers are lower than the peak in 2007, when just under half of all drug arrests were cannabis-related, they represent virtually no decline from 2022, which also saw over 200,000 arrests related to cannabis throughout […]
- [California Local Jurisdictions Must Meet Ten Conditions to Implement "Cannabis Cafe" Law](https://shaygilmorelaw.com/california-local-jurisdictions-must-meet-ten-conditions-to-implement-cannabis-cafe-law/): Sponsored by Assemblymember Matt Haney (D – San Francisco), AB 1775, the “Cannabis Cafe” bill, goes into effect on January 1, 2025, and a number of California cannabis operators are already looking ahead to the implementation of this legislation. In Southern California, National City’s only permitted cannabis consumption lounge is expecting to be the first business in San Diego County, and possibly the state, to open and operate a “cannabis cafe” under AB 1775. In Sacramento, the City Council will vote on October 22 whether to move forward with a pilot program for cannabis consumption lounges, and in the City […]
- [Governor Newsom Signs Nine Cannabis Bills, Including "Cannabis Cafe" Bill, Into Law](https://shaygilmorelaw.com/governor-newsom-signs-ten-cannabis-bills-including-cannabis-cafe-bill-into-law/): Today, the last day for Governor Newsom to sign bills passed by both chambers in the 2024 California Legislative Session, Governor Newsom has now signed a total of nine cannabis-related bills into law including: Governor Newsom has also vetoed one cannabis-related bill: AB 1111 (Pellerin), which would establish a small producer event sales license allowing small farmers to sell their own cannabis or cannabis products at state temporary events direct to consumers.
- [Marijuana Rescheduling Means Federal Status Quo for Recreational Prohibition & FDA Approval](https://shaygilmorelaw.com/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 States. Even though the DEA announced earlier this year that it agreed with the August 2023 Department of Health and Human Services recommendation to reschedule marijuana, the DEA subsequently announced, on August 29, that it will hold a hearing on December 2 before an administrative […]
- [Small Cannabis Producer Event Sales Bill Awaits California Senate Floor Vote](https://shaygilmorelaw.com/small-cannabis-producer-event-sales-bill-awaits-california-senate-floor-vote/): California cannabis cultivators are struggling with wholesale price depression from oversupply, outsized competition from the illicit cannabis market, and now losses from wildfires driven by climate change. Many cannabis farmers are surrendering cultivation licenses amid a 12% decline in the total value of all California cannabis products sold from $6 billion (in 2021) to $5.3 billion (in 2023). Against this backdrop AB 1111, which passed the Assembly last year, seeks to open up a state pathway for small producers to make direct-to-consumer sales, under certain restrictions. AB 1111 would require the Department of Cannabis Control to issue, by January 1, […]
- [Southern California Jurisdictions Consider Expansion and Reform of Commercial Cannabis](https://shaygilmorelaw.com/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 San Diego County has extended the application deadline for participation in the county’s Cannabis Equity Program, a Los Angeles County Civil Grand Jury has recently issued a report calling for multiple reforms to cannabis licensing and the Cannabis Social Equity Program administered by the City of Los […]
- [Medicine and Science Support Cannabis Decriminalization and Legalization](https://shaygilmorelaw.com/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 of Physicians recommendations come at the same time that a federally-funded study conducted by researchers at the University of Southern California has found that marijuana helps people stay off opioids or reduce their use, maintain treatment, and manage withdrawal symptoms. These USC findings add to […]
- [Northern California Jurisdictions Expand and Strengthen Regulated Cannabis Markets](https://shaygilmorelaw.com/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 Petaluma from the delivery-only cannabis retail status quo. The City of Modesto recently launched a program to support residents, who have been arrested or convicted of cannabis-related crimes, in starting their own cannabis businesses, and Mendocino County reported last week that it has caught up […]
- [Top 100 Northern California Super Lawyers® Announced](https://shaygilmorelaw.com/shay-named-to-top-100-northern-california-lawyer-list/): 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 areas.
- [Environmental Remediation Bill for Unlawful Cannabis Cultivation Heads to Senate Hearing](https://shaygilmorelaw.com/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 Coast, Assembly Speaker pro Tempore Jim Wood is the lead sponsor of a bill (AB 2643) to address the environmental harm caused by illicit cannabis cultivation on California’s public and private lands. Under the legislation as currently drafted, the California Department of Fish and Wildlife […]
- [Over a Dozen Cannabis Bills Move Forward in California Legislature](https://shaygilmorelaw.com/over-a-dozen-cannabis-bills-move-forward-in-california-legislature/): To survive in the 2024 California Legislative Session, May 24 was the deadline for bills to be passed out of their chamber of origin (Assembly or Senate), and it appears over a dozen cannabis bills have crossed this threshold by the May 24 deadline. These bills include: These bills must now make it through the Assembly or Senate by August 31, 2024 in order to make it to Governor Newsom’s desk before the adjournment of the 2024 California Legislative Session.
- [Oakland Pioneers Paid Internship and Academic Program for Equity Applicants](https://shaygilmorelaw.com/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 College and the Oakland Private Industry Council (OPIC), this initiative provides qualified Oakland residents with free academic training and a 10-week paid internship with participating Oakland cannabis businesses. The program’s primary objective is ensure a living wage for interns in the cannabis industry while providing […]
- [State Auditor Finds Local Cannabis Permitting Practices Need Improvement](https://shaygilmorelaw.com/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 local level, finding at least one deficiency in each of the six reviewed local jurisdictions with regard to taking reasonable steps to ensure fairness and prevent conflicts of interest, abuse, and favoritism. According to the audit, not one of the six local jurisdictions could demonstrate […]
- [California Cities Focus on Fortifying Legal Cannabis Commerce](https://shaygilmorelaw.com/california-cities-strengthen-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 local governments from banning medicinal cannabis deliveries, the City of Murrieta voted on February 20 to amend its city code to allow for medicinal cannabis delivery to patients and caregivers, and a week later, on February 27, the City of Milpitas adopted regulations to allow […]
- [Hemp Products, Cannabis Cafes, and Worker Rights Legislation are Among the Cannabis Bills Set Before the California Legislature in 2024](https://shaygilmorelaw.com/cannabis-bills-introduced-for-2024-california-legislative-session/): In the 2024 legislative session, legislators are set to consider over a dozen bills addressing the cannabis industry in California. Some of these bills, like AB 3165 (to make a non-substantive change regarding local authority) and AB 2850 (to make a non-substantive change to Health & Safety Code Section 11358 regarding the 6-plant rule), seek modest changes to California’s cannabis laws while others, like AB 2223 (to provide a pathway for hemp products into the California cannabis market) and AB 1775 (to allow for cannabis cafes), propose more substantial changes. In the California Senate, legislators have introduced SB 1503 (to, […]
- [Medicinal Cannabis Retail Premises Remain Prohibited Throughout Most of California](https://shaygilmorelaw.com/medicinal-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 cannabis retail businesses from maintaining offices or inventory within these jurisdictions’ geographic borders. Remarkably, every single one of the 18 local jurisdictions awarded grant funds under the LJRAG program continue to prohibit medicinal cannabis delivery operators from occupying physical offices and keeping inventory within these […]
- [California Adopts Emergency Regulation to Clarify "Gross Receipts" for Cannabis Excise Tax](https://shaygilmorelaw.com/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 how the cannabis excise tax applies to charges for other tangible personal property purchased with cannabis or cannabis products in a retail sale; (2) the confusion about determining whether charges for cannabis accessories, including packaging, are included in gross receipts; and (3) the issues regarding […]
- [Newsom Signs Fourteen Cannabis Bills into California Law](https://shaygilmorelaw.com/governor-newsom-signs-14-cannabis-related-bills-into-law/): California Governor Gavin Newsom took his final actions of the 2023 legislative session yesterday, October 13, ending the law-making year by signing a total of fourteen (14) cannabis-related bills into law. Here are the new cannabis laws in California at the culmination of this year’s legislative session:
- [California Legislature Sends Sixteen Cannabis Bills to Governor Newsom](https://shaygilmorelaw.com/california-legislature-sends-sixteen-cannabis-bills-to-governor-newsom/): The California Legislature ended its legislative session on September 14 and sent sixteen (16) cannabis-related bills to Governor Newsom for signature, one of which, SB 756 (Laird) relating to inspections of unlicensed cannabis cultivation sites, has already been signed into law. Also sponsored by Senator Laird, SB 540 (Laird), would require the Department of Cannabis Control (DCC) to regularly evaluate regulations and determine the need for additional warning labels on cannabis products. SB 51 (Bradford) would extend provisional licensing programs for cannabis equity retail applicants and licensees, and SB 622 (Allen) would eliminate the requirement of single-use plastic tags on […]
- [Are California Cities and Counties Ready for the Medicinal Cannabis Patients’ Right of Access Act?](https://shaygilmorelaw.com/the-california-medicinal-cannabis-patients-rights-act-takes-effect-january-1-2024/): 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](https://shaygilmorelaw.com/san-francisco-cannabis-oversight-committee-meeting/): Shay reports on today's San Francisco Cannabis Oversight Committee meeting.
- [Shay Appointed to San Francisco Cannabis Oversight Committee](https://shaygilmorelaw.com/shay-appointed-to-san-francisco-cannabisoversight-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 of the Cannabis Oversight Committee is to provide guidance and recommendations to the Board of Supervisors on amendments to local laws and regulations, including those governing the Equity Program, to advance racial equity and facilitate socially responsible growth of this new industry by creating living […]
- [California Cannabis Social Equity and the Dormant Commerce Clause](https://shaygilmorelaw.com/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 at California cannabis social equity provisions in the context of interstate cannabis commerce and the imminent decision from the Ninth Circuit that could upend many of the state and local efforts designed to emphasize social equity. Source: https://www.dailyjournal.com/articles/372649
- [Shay Speaks with Alameda County Lawyer Podcaster Louis Goodman](https://shaygilmorelaw.com/shay-speaks-with-alameda-county-lawyerpodcaster-louis-goodman/): Shay recently sat down with Louis Goodman, a lawyer podcaster focused on Alameda County California attorneys, to discuss the practice of law in California and the practice of cannabis law in particular. Click the below link for a stream of the interview: https://www.louisgoodman.com/shay-gilmore-louis-goodman-transcript/ Source: https://www.lovethylawyer.com/reefer-sanity-acba-shay-gilmore-ut-austin/
- [Local Bans Encourage Illicit Market](https://shaygilmorelaw.com/local-bans-encourage-illicit-market/): According to data compiled by Whitney Economics and the online content provider Leafly.com, U.S. states with fewer licensed cannabis retail stores per capita are less effective at disrupting illicit market sales than are jurisdictions where shops are more widely available. The report estimates, “States with roughly 20 to 40 legal regulated stores per 100,000 residents, in general, have captured 80 percent to 90 percent of all cannabis sales in the legal market.” By contrast, “States with single-digit stores per 100,000 residents tend to struggle to capture legal sales, with the illicit market still accounting for 30 percent to 50 percent […]
- [Shay to Co-Moderate Cannabis Social Equity Panel on September 28](https://shaygilmorelaw.com/shay-to-co-moderate-cannabis-social-equitypanel-on-september-28/): Join Shay as he co-moderates, with San Francisco Office of Cannabis Associate Director of Enforcement, Tanisha Gooch, on September 28 a panel presented by the Cannabis Law Section of the Bar Association of San Francisco to discuss Cannabis Social Equity in Northern California. Eugene Hillsman, the California Department of Cannabis Control Deputy Director of Equity & Inclusion, will join the San Francisco and Oakland local cannabis regulators as speakers on the panel. Licensed California attorneys will receive 1 hour of CLE credit in Recognition and Elimination of Bias, but everyone with an interest in Bay Area cannabis social equity should […]
- [Shay Named to Daily Journal's Top 20 California Cannabis Lawyers 2022](https://shaygilmorelaw.com/shay-named-to-daily-journals-top-20california-cannabis-lawyers-2022/): The Los Angeles/San Francisco Daily Journal has named Shay Aaron Gilmore to its list of the Top 20 Cannabis Lawyers in California for 2022. The annual series recognizes elite lawyers in the state who have achieved significant victories for clients, given back to their communities and are considered leaders in the practice of cannabis law. Shay has previously been recognized as a Northern California Super Lawyer in the practice areas of Cannabis Law (2021-2022) and Business & Corporate Law (2020) by Super Lawyers® Magazine. Committed to the advancement of those disproportionately harmed by the failed War on Drugs, Shay serves […]
- [California Cannabis Tax Reform Coming](https://shaygilmorelaw.com/california-cannabis-tax-reform-coming/): With six separate bills addressing cannabis tax reform – AB 2506 (Quirk/Lackey), AB 2792 (B. Rubio), SB 1074 (McGuire), SB 1281 (Bradford), SB 1293 (Bradford), and SB 1336 (Wiener) – introduced in the California Legislature this session, and after seeing the Governor’s May Revision to the Budget last week, it’s safe to say we can look forward to some cannabis tax reform this year in the Golden State, while its depth and breadth remain an intense focus of industry advocacy. (The legislative session ends August 31 for the above-listed six bills.) On the budget side, where state lawmakers have until […]
- [Shay to Present Legal Education Program May 18](https://shaygilmorelaw.com/shay-to-present-legal-education-program-may-18/): Shay will join an all-star panel of legal practitioners and cannabis regulators on May 18 for “Smokin’ Hot Topics in California Cannabis Law”, a legal education program presented by the Alameda County Bar Association Cannabis & Hemp Law Section. Shay will lead a conversation with Pamela Epstein (California Cannabis Industry Association Board President and ACBA Cannabis & Hemp Law Section Vice Chair), Greg Minor (Assistant to the City Administrator for the City of Oakland), and Albert Lopez (Alameda County Planning Department Director) covering the recently-released regulations from the California Department of Cannabis Control, the nearly-three-dozen cannabis-related bills pending in the […]
- [BASF Presents 4th Annual Cannabis Conference November 18](https://shaygilmorelaw.com/basf-presents-4th-annual-cannabis-conference-november-18/): Bringing together top-notch legal practitioners from private practice, in-house, and government, the Bar Association of San Francisco’s Cannabis Law Section will present its 4th Annual Cannabis Conference from 9 a.m. to 12 p.m. on Thursday, November 18. This year’s annual event will feature panels discussing cannabis appellations, alternative dispute resolution, and agency consolidation in California and will include the General Counsel of California’s Department of Cannabis Control, Matthew Lee, as a speaker. Click here for more information and to register for the program. Source: https://portal.sfbar.org/SFBAR/Events/Event_Display.aspx?EventKey=G212401&WebsiteKey=7ff45d51-7883-4a28-ab2a-c56a3eb4a5e0
- [Shay to Present at Cannabis Legal & Finance Workshop on November 10](https://shaygilmorelaw.com/shay-to-present-at-cannabis-legal-finance-workshop-on-november-10/): On November 10, as part of City College of San Francisco’s (CCSF) Extension Fall 2021 Workshop Curriculum, as an adjunct to CCSF’s first-of-its kind Cannabis Studies Program, Shay, alongside fellow San Francisco attorney Lara DeCaro, will present an introduction to the legal and finance concepts every cannabis entrepreneur should know. Shay will also discuss the California Department of Cannabis Control’s recently-released regulations. You can sign up here for the workshop, which begins at 5:30 p.m. on November 10. Source: https://ccsf-extension.pdx.catalog.canvaslms.com/browse/extension/city-cannabis/courses/cannabis-legal-101-cextn59-202180
- [Shay to Speak at November 3 Alameda County Bar Association Panel](https://shaygilmorelaw.com/shay-to-speak-at-november-3-alameda-county-bar-association-panel/): As part of its Barristers Career Series for new lawyers, the Alameda County Bar Association will bring together Northern California legal practitioners on November 3 at 5 p.m. for a panel to discuss what it’s like to practice law in different kinds of law offices or as a solo practitioner, how to succeed as a regulatory lawyer, and the various highlights and challenges of a regulatory law practice. Joined by other lawyers from government, private practice, and non-profit organizations, Shay will focus on the law practice of advising and counseling cannabis companies in a rapidly-changing regulatory environment. Source: https://www.acbanet.org/event/?backcaltype=g&month=11&yr=2021&eventid=15667
- [Owners, Financial Interests, Ownership Changes, & "Organic" Ingredients](https://shaygilmorelaw.com/owners-financial-interests-ownership-changes-organic-ingredients/): The California Department of Cannabis Control has finalized its Consolidated Regulations, which can be found here. This blog post takes a look at Sections 15003 (Owners), 15004 (Financial Interest), 15023(c) (Changes in Ownership), and 17408 (Labeling Restrictions), how these regulations compare with their predecessor regulations, and considers the impacts of these regulatory changes. SECTIONS 15003 AND 15004 Owners and Financial Interest Holders of Commercial Cannabis Businesses Part of the previous issue with the BCC (predecessor to DCC) regulations was identifying “owners” versus “financial interest holders” at the outset. The previous definitions of both terms were vague, and now the DCC […]
- [Shay Recognized as Northern California Super Lawyer in Cannabis Law](https://shaygilmorelaw.com/shay-recognized-as-northern-california-super-lawyer-in-cannabis-law/): Super Lawyers® Magazine has named Shay Gilmore to its 2021 List of Northern California Super Lawyers in Cannabis Law. The magazine has previously recognized Shay as a Northern California Super Lawyer in Business & Corporate Law and as a Rising Star.
- [Federal Cannabis Plant Seizures and Arrests Increased in 2020](https://shaygilmorelaw.com/federal-cannabis-plant-seizures-and-arrests-increased-in-2020/): According to data published by the U.S. Drug Enforcement Administration, federal law enforcement agents and their partners seized approximately 4.54 million cannabis plants in 2020 – a nearly 20 percent increase over 2019’s totals. Law enforcement also reported 4,992 marijuana-related arrests, up slightly from 2019 (when agents reported 4,718 arrests). The overwhelming majority of plant seizures (82 percent) and the most arrests of any state (40 percent) nationwide took place in California.
- [Shay Will Speak at June 22 Cannabis Law Panel](https://shaygilmorelaw.com/shay-will-speak-at-june-22-cannabis-law-panel/): On June 22, 2021, Shay will join colleagues Katy Young and Lara DeCaro on a CLE panel, organized by the Santa Clara County Bar Association Real Property & Business Law Section, to discuss statutory and regulatory developments for, as well as corporate and commercial legal issues impacting, cannabis operators. Topics will include recent statutes and regulations, as well as drafting of commercial leases, company formation issues, banking issues, and cannabis supply chain issues. You can register here to attend the CLE panel virtually.
- [Fort Bragg Upgrades Its Cannabis Law](https://shaygilmorelaw.com/fort-bragg-upgrades-its-cannabis-law/): The Fort Bragg City Council recently voted to bring its cannabis ordinance, as expressed in Fort Bragg Municipal Code 9.30.10, in line with less-restrictive state-level requirements for cannabis operator employees, while also updating and streamlining the City’s cannabis business license application process. Fort Bragg has not yet finalized an updated cultivation ordinance for in-city grows, but the City Council will hold a special meeting on May 20 for further discussion.
- [San Francisco Mayor Announces Legislation to Bolster Equity Program](https://shaygilmorelaw.com/san-francisco-mayor-announces-legislation-to-bolster-equity-program/): San Francisco Mayor London Breed has announced legislation intended to bolster San Francisco’s cannabis equity program and further support cannabis business owners through a combination of permit processing prioritization, a shortening of the time period for a transfer of more than a 50% ownership interest in a cannabis business from ten years to five years, and a requirement that cannabis businesses make additional social equity contributions if they seek to reduce an equity applicant’s ownership interest by 20% or more. To date, San Francisco has issued 31 permits to equity cannabis businesses, including permanent and temporary permits. Source: https://sfmayor.org/article/mayor-london-breed-announces-cannabis-legislation-bolster-citys-equity-program-and-further
- [Cannabis Law Reformer Rob Bonta Picked for California Attorney General](https://shaygilmorelaw.com/cannabis-law-reformer-rob-bonta-picked-for-california-attorney-general/): Governor Newsom has nominated Assemblymember Rob Bonta, a leader on cannabis law reform, to become California’s first Filipino-American Attorney General. Assemblymember Bonta has championed legislation to reform California’s criminal justice system and to protect the employment rights of medicinal cannabis users. Coming the same week as the California Supreme Court’s unanimous In re Humphrey decision, which effectively does away with cash bail in California, Governor Newsom’s pick of Assembly member Bonta echoes the Court’s recognition of the need to reform California’s laws.
- [In 2020 Indoor Held 11% of California’s Cultivation Licenses](https://shaygilmorelaw.com/in-2020-indoor-held-11-of-californias-cultivation-licenses/): The California Department of Food and Agriculture released a graphic about cannabis cultivation in 2020 as part of a “This Is California Cannabis” outreach campaign (in English and Spanish) to “raise awareness of the support and guidance offered to licensed cannabis growers by CalCannabis Cultivation Licensing.” The graphic shows that of nearly 6000 cannabis cultivation licenses issued in California, only 663 (11%) were for indoor operations. Source: https://www.cdfa.ca.gov/calcannabis/growwithCA.html
- [Governor Newsom Proposes 2021 Budget for Cannabis](https://shaygilmorelaw.com/governor-newsom-proposes-2021-budget-for-cannabis/): Amid $1 Billion in 2020 Cannabis Tax Revenue, Governor Newsom has proposed state regulatory consolidation, permanent social equity funding, and an unchanged tax rate for cannabis in his 2021 Budget.
- [Shay to Moderate Panel at BASF Third Annual Cannabis Conference](https://shaygilmorelaw.com/shay-to-moderate-panel-at-basf-third-annual-cannabis-conference/): Shay will moderate a panel titled California Cannabis Enforcement as part of the Bar Association of San Francisco’s Third Annual Cannabis Conference on November 17, presented online by the BASF Cannabis Law Section. Shay’s panel includes Nicole Elliott from the California Governor’s Office, as well as staff counsel from the California Department of Food & Agriculture, Lindsay Herrick. Source: https://www.shaygilmorelaw.com/our-team
- [California Announces Additional $30 Million for Social Equity](https://shaygilmorelaw.com/california-announces-additional-30-million-for-social-equity/): On Tuesday, California supplemented its October 2019 grant of $10 million, with an additional $30 million in grant funding for local programs focused on support of individuals in California’s legal cannabis marketplace who are from communities negatively impacted by cannabis criminalization. A majority of this $30 million — at least $23 million — is earmarked for low or no interest loan and grant funding to cannabis business license applicants or holders identified by local jurisdictions as being from communities most harmed by cannabis prohibition. Tagged: california, cannabis, social equity, drug war
- [California Judicial Council Adopts Emergency Rules](https://shaygilmorelaw.com/california-judicial-council-adopts-emergency-rules/): This week, the rule-making arm of the California Court System, the California Judicial Council, adopted temporary emergency rules, including $0 statewide bail for misdemeanors and lower-level felonies during the COVID-19 pandemic. These rules also include stays on eviction and foreclosure proceedings, as well as broad authority for all California state courts to require remote court proceedings. Almost all of the rules will stay in effect until ninety (90) days after the Governor declares that the COVID-19 pandemic State of Emergency has been lifted, and California cannabis businesses, which themselves are deemed “essential” under the State of Emergency, should anticipate superior […]
- [Join INCBA @ the Solicitors' Soirée in Las Vegas!](https://shaygilmorelaw.com/join-incba-the-solicitors-soiree-in-las-vegas/): Do not miss INCBA’s final social event of 2019! Join us at the Bellagio Hotel on December 10 at 6:30 p.m.!
- [Shay to Moderate Panel of Cannabis Regulators at BASF Cannabis Conference](https://shaygilmorelaw.com/shay-to-moderate-panel-of-cannabis-regulators-at-basf-cannabis-conference/): On October 30, at the Second Annual Bar Association of San Francisco Cannabis Conference, Shay will moderate a panel discussing the municipal cannabis equity programs in San Francisco, Oakland, and Los Angeles and will be joined by Marisa Rodriguez, Director of the City and County of San Francisco’s Office of Cannabis, Greg Minor, Assistant to the City Administrator for the City of Oakland, and Alexander Freedman, former Deputy City Attorney at the City Attorney’s Office for the City of Los Angeles.
- [The War Rages On with a Marijuana Arrest Every 48 Seconds](https://shaygilmorelaw.com/the-war-rages-on-with-a-marijuana-arrest-every-48-seconds/): According to data released by the F.B.I., the total number of persons arrested in the U.S. for violating marijuana laws rose again in 2018 for the third consecutive year to 663,367, far eclipsing the total number of people arrested for the commission of all violent crimes (521,103). Ninety percent (90%) of those arrested for cannabis-related activities were arrested for marijuana possession offenses only. In the northeast, marijuana-related arrests constituted fifty-three percent (53%) of all drug arrests. As we know, the arrest rates have typically disproportionately impacted racial minorities.
- [Hemp-CBD is on the Brink of Legalization in California](https://shaygilmorelaw.com/hemp-cbd-is-on-the-brink-of-legalization-in-california/): The 2018 Farm Bill legalized Hemp in the U.S. While we are still waiting for the FDA’s regulations around hemp-CBD, California is about to pass AB 228 which would circumvent the issue on a state level. As of right now, the California Department of Public Health (CDPH) prohibits CBD from being added to products in accordance with their FAQ. The California Sherman Food, Drug, & Cosmetic Law allows the CDPH to remove products from shelves that they considered to be “adulterated.” With AB 228, products cannot be considered “adulterated” solely because of the addition of CBD. Therefore, California’s CBD industry […]
- [Cannabis Banking Expands in 2019](https://shaygilmorelaw.com/cannabis-banking-expands-in-2019/): The Treasury Department’s Financial Crimes Enforcement Network (FinCEN) tracks financial services for the cannabis industry through Suspicious Activities Reports (SARs). As of March 2019, there are 493 banks and 140 credit unions actively servicing cannabis businesses. It is an increase of 55 banks and 27 credit unions since the prior quarter. Once the Secure and Fair Enforcement (SAFE) Banking Act passes, the numbers will only increase.
- [Hemp-Derived CBD](https://shaygilmorelaw.com/hemp-derived-cbd/): While hemp has been legalized with the passage of the 2018 Farm Bill, the legal manufacture and sale of CBD products derived from hemp suffers from a lack of regulation. Although hemp was legalized, the Food and Drug Administration (FDA) still has jurisdiction over CBD, and while the FDA has taken public comment, the FDA is still in the process of developing regulations around CBD. Unfortunately, without regulations, CBD products may not be properly tested before reaching the consumer. For example, a product may have more THC than advertised causing the consumer to unknowingly fail a drug test. The product […]
- [Government Raids Unlicensed Cannabis Farms](https://shaygilmorelaw.com/government-raids-unlicensed-cannabis-farms/): On June 5, 2019, the National Guard, US Drug Enforcement, FBI, and many other agencies raided farms in Anza Valley in Riverside County. Roughly 140,000 plants and 3,000 pounds of processed marijuana were seized. Warrants were served on 118 locations and eight individuals were arrested. It is a reminder that cannabis businesses need to be licensed and operate lawfully or face arrest.
- [Case That Never Should Have Been Brought Resolves](https://shaygilmorelaw.com/case-that-never-should-have-been-brought-resolves/): The San Diego District Attorney has agreed to drop charges against Jessica McElfresh, an attorney ethically and legally assisting cannabis operators stay compliant with California law. As pointed out by the National Cannabis Bar Association last year, the over 400-year history and purpose of the attorney-client privilege warranted a finding in favor of Ms. McElfresh in the prosecution’s overzealous search of her clients’ files. Clients deserve lawyers in whom they can confide, and this case against Ms. McElfresh did real damage to that fundamentally Californian notion.
- [Get licensed ... or else get used to criminal charges](https://shaygilmorelaw.com/get-licensed-or-else-get-used-to-criminal-charges/): L.A. prosecutors are not playing. Yesterday, they brought 142 criminal charges against employees at 32 cannabis companies and a delivery business – a clear signal to cannabis operators: get licensed and compliant or get out.
- [Stepping Up to Correct Cannabis Injustice](https://shaygilmorelaw.com/stepping-up-to-correct-cannabis-injustice/): When California voters passed Proposition 64 in 2016, they voted to correct a major injustice wrought by the failed war on drugs. In approving Proposition 64, California voted in favor of a provision permitting expungement of previous convictions for cannabis offenses. This provision was included in Proposition 64 to address the disparate impact that the war on drugs has had on communities of color, but the provision requires that those convicted of cannabis offenses affirmatively petition courts for the expungement. With fewer than 10% of the nearly half-a-million Californians who were arrested for cannabis offenses between 2006 and 2015 having […]
- [No Research Support for Our Wounded Veterans](https://shaygilmorelaw.com/no-research-support-for-our-wounded-veterans/): We have heard preaching from the Trump Administration recently about supporting our troops, and no one would argue that our wounded veterans, those who suffer from chronic pain and PTSD, are not the very first who deserve our support. Over the years, as our veterans have been prescribed opioids for their chronic pain, and as opioid abuse has reached epidemic levels, veterans have become twice as likely as non-veterans to die from accidental opioid overdose. Surely, focused on support for our military as it is, the Trump Administration is actively researching all possible opioid alternatives to address this epidemic impacting […]
- [Senator Warren Leads Republicans on States' Rights](https://shaygilmorelaw.com/senator-warren-leads-republicans-on-states-rights/): This week, Senator Elizabeth Warren of Massachusetts announced she is working with a bi-partisan group of senators on legislation to give states more control over their marijuana laws, in a direct rebuke to Attorney General Sessions January 4 rescission of the Cole Memorandum. While there are similar efforts in the House (including the increasingly popular McClintock-Polis Amendment), Warren’s bi-partisan legislation would be leading the way for U.S. senators who support states’ rights and protecting the states’ Constitutional ability to serve as laboratories of democracy. Senator Warren’s leadership should be applauded by Republicans who, having repeatedly argued in favor of states’ […]
- [What is Williams Smoking?](https://shaygilmorelaw.com/what-is-williams-smoking/): Last week, Billy J. Williams, the U.S. Attorney for the District of Oregon, wrote an opinion piece in The Oregonian, in which he argued that legalization of recreational cannabis negatively impacts public health. In support of his argument, Mr. Williams offered up the experience of Colorado (where voters approved legalization of recreational cannabis in 2012) as a cautionary tale, stating, “youth marijuana use is up 12 percent” in Colorado since it legalized recreational cannabis. However, Mr. Williams did not cite to any source to support this rather specific claim, leaving us to wonder where exactly this U.S. Attorney has been […]

## Pages

- [Fresno](https://shaygilmorelaw.com/fresno/): Cannabis Business Law Firm SERVINGFRESNO Contact Cannabis Business Attorney Serving Fresno, California A leading California cannabis lawyer, Shay Aaron Gilmore delivers proven legal solutions for operators and investors to launch, fund and grow ventures in compliance with the cannabis industry’s ever-changing regulations, laws, and policies throughout California, with a focus on Fresno The Law Office of Shay Aaron Gilmore has devoted hundreds of hours of pro-bono legal services to the cannabis social equity movement throughout the United States, helped dozens of businesses procure or maintain state and local commercial cannabis licenses and permits in cities and counties throughout California, and […]
- [Stockton](https://shaygilmorelaw.com/stockton/): Cannabis Business Law Firm SERVING STOCKTON Contact Cannabis Business Lawyer Serving Stockton, California The Law Office of Shay Aaron Gilmore has helped dozens of businesses procure or maintain state and local commercial cannabis licenses and permits, successfully closed millions of dollars in mergers and acquisitions and other corporate transactions for cannabis investor and operator clients, and devoted hundreds of hours of pro-bono legal services to the cannabis social equity movement. A recognized leader among California cannabis attorneys, Shay Aaron Gilmore offers legal solutions for operators and investors to launch, fund and grow businesses in compliance with the cannabis industry’s ever-changing […]
- [San Jose](https://shaygilmorelaw.com/san-jose/): Cannabis Business Law Firm SERVING SAN JOSE Contact Cannabis Business Attorney Serving San Jose, California Recognized as a leader among California cannabis lawyers, Shay Aaron Gilmore provides proven legal solutions for investors and operators to launch, fund and grow ventures in compliance with the cannabis industry’s ever-changing laws, regulations and policies for the expansion of environmentally-sustainable, reliably-tested, and socially equitable cannabis throughout California, with a focus on San Jose. The Law Office of Shay Aaron Gilmore has helped dozens of businesses procure or maintain state and local commercial cannabis licenses and permits, successfully closed millions of dollars in mergers and […]
- [Administrative Law](https://shaygilmorelaw.com/administrative-law/): 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 […]
- [Employment and Labor Law](https://shaygilmorelaw.com/employment-and-labor-law/): Employment and Labor Law Trusted Cannabis and Hemp Business Workforce Counsel Cultivators, distributors, manufacturers, testing labs, and retailers each face a distinct set of workplace challenges specific to their supply chain positions. The Law Office of Shay Aaron Gilmore offers a sophisticated understanding of these unique issues, helping cannabis businesses navigate a broad range of organized labor and employment issues, including: Contract negotiations Worker classification issues Employee handbooks and policies Workplace health and safety Cannabis labor peace agreements Union grievances Collective bargaining agreement administration Executive compensation National Labor Relations Act compliance Reasonable accommodations Background checks Drug testing What Types of […]
- [Venture Capital Counsel](https://shaygilmorelaw.com/venture-capital-counsel/): Venture Capital Counsel Trusted Venture Capital Counsel for Investors and Operators The Law Office of Shay Aaron Gilmore represents startups, growth stage companies, investors, and firms in formation, seed round, and venture capital financing to facilitate early investment opportunities. When It Comes to Securing Financing, What Challenges Do Those in the Cannabis and Hemp Business Face? https://www.youtube.com/embed/lHK-Flj4HmE?rel=0&listType=playlist&list=PLdkqW7-mWfj-tMz-pHksg_vbMcZoKsB-B&showinfo=0 From Shay’s interview for the Master’s series on ReelLawyers.com View Transcript When it comes to securing financing in the cannabis and hemp industries, the challenges often stem from legal and regulatory barriers—most notably, the issue of federal illegality. Beyond that, there’s limited access […]
- [Intellectual Property Law](https://shaygilmorelaw.com/intellectual-property-law/): Intellectual Property Law Experienced Intellectual Property Counsel The Law Office of Shay Aaron Gilmore provides strategic intellectual property counsel to cannabis and hemp companies at all stages of growth, assisting with acquiring, managing, licensing, developing, prosecuting, and defending intellectual property in all forms. What Intellectual Property Issues Do Cannabis Businesses Face? https://www.youtube.com/embed/NrW2rgrzAWs?rel=0&listType=playlist&list=PLdkqW7-mWfj-tMz-pHksg_vbMcZoKsB-B&showinfo=0 From Shay’s interview for the Master’s series on ReelLawyers.com View Transcript Intellectual property issues come up frequently for cannabis and hemp businesses, especially around licensing and intellectual property agreements. This includes matters like cross-licensing or determining the value of cannabis-related intellectual property. These issues can be particularly challenging […]
- [Regulatory Compliance](https://shaygilmorelaw.com/regulatory-compliance/): Regulatory Compliance Experienced Regulatory Counsel The Law Office of Shay Aaron Gilmore has successfully guided clients through local and state licensing applications, procuring or maintaining dozens of local and state licenses. Shay provides legal support for licensure and regulatory compliance for cannabis retailers, distributors, cultivators, manufacturers, and testing labs in California. What Compliance Issues Do Cannabis Businesses Face? https://www.youtube.com/embed/qpWnQPLSzzw?rel=0&listType=playlist&list=PLdkqW7-mWfj-tMz-pHksg_vbMcZoKsB-B&showinfo=0 From Shay’s interview for the Master’s series on ReelLawyers.com View Transcript The kinds of compliance issues I see my clients in the cannabis and hemp industries facing include product testing and quality control, employee and labor matters, as well as security […]
- [Real Estate & Land Use](https://shaygilmorelaw.com/real-estate-land-use/): Real Estate & Land Use Commercial Real Estate, Land Use and Zoning Expertise The legal hemp and cannabis markets in California face substantial challenges, not the least of which is securing real estate to launch or maintain a cannabis or hemp business. For hemp and cannabis real property deals, proper zoning, access, and community support are critical to site selection. The Law Office of Shay Aaron Gilmore provides advice and insight into real estate, land use, and zoning issues, representing real estate investors, landowners, and cannabis and hemp licensees and applicants in complex real estate transactions, acquisitions, and leases of […]
- [Commercial Contracts](https://shaygilmorelaw.com/commercial-contracts/): Commercial Contracts Recognized Commercial Contract Expertise Hemp and cannabis cultivators and other operators that have traditionally relied on unwritten deals with their suppliers and others along the supply chain have learned the hard way that these undocumented transactions offer little to no legal protection and no way to allocate and shift risk. With growth and experience, cannabis and hemp industry operators have become more interested in predictability, and have begun standardizing the documentation of all third-party agreements in binding, written contracts. The Law Office of Shay Aaron Gilmore has been recognized as a Super Lawyer in Business Law, and as […]
- [Corporate Law](https://shaygilmorelaw.com/corporate-law/): Corporate Law Recognized Corporate Law Expertise The Law Office of Shay Aaron Gilmore advises clients regarding business formation, corporate transactions, and governance to provide a solid foundation for future growth and to develop the framework to withstand disputes, while protecting the owners from personal liability. Shay has been recognized as a Super Lawyer in Business & Corporate Law, and as one of the Top 100 Lawyers in Northern California across all practice areas, by Super Lawyers® Magazine. Can You Help Me Sell or Buy a Cannabis Business? https://www.youtube.com/embed/aQKH2ee-BGo?rel=0&listType=playlist&list=PLdkqW7-mWfj-tMz-pHksg_vbMcZoKsB-B&showinfo=0 From Shay’s interview for the Master’s series on ReelLawyers.com View Transcript Absolutely, […]
- [Trinity County](https://shaygilmorelaw.com/trinity-county/): CANNABIS BUSINESS LAW FIRM SERVING TRINITY COUNTY Contact Cannabis Business Attorney Serving Trinity County, California Recognized as a leader in California cannabis law, focused on Trinity County, The Law Office of Shay Aaron Gilmore provides proven legal solutions for investors and operators to launch, fund and grow ventures in compliance with the cannabis industry’s ever-changing laws, regulations and policies for the expansion of environmentally-sustainable, reliably-tested, and socially equitable cannabis throughout California. The Law Office of Shay Aaron Gilmore has assisted dozens of businesses with maintaining state and local commercial cannabis permits and licenses, successfully closed millions of dollars in mergers […]
- [Santa Cruz](https://shaygilmorelaw.com/santa-cruz/): CANNABIS BUSINESS LAW FIRM SERVING SANTA CRUZ Contact Cannabis Business Lawyer Serving Santa Cruz, California The Law Office of Shay Aaron Gilmore has helped dozens of businesses procure or maintain state and local commercial cannabis licenses and permits, successfully closed millions of dollars in mergers and acquisitions and other corporate transactions for cannabis investor and operator clients, and devoted hundreds of hours of pro-bono legal services to the cannabis social equity movement. A recognized leader among California cannabis attorneys, Shay Aaron Gilmore offers legal solutions for operators and investors to launch, fund and grow businesses in compliance with the cannabis […]
- [San Francisco](https://shaygilmorelaw.com/san-francisco/): SAN FRANCISCO CANNABIS BUSINESS LAW FIRM Contact Cannabis Business Attorney in San Francisco, California The Law Office of Shay Aaron Gilmore has donated hundreds of hours of pro-bono legal services to the cannabis social equity movement throughout the United States, successfully closed millions of dollars in mergers and acquisitions and other corporate transactions for cannabis investor and operator clients in Northern California, and helped dozens of businesses procure or maintain state and local commercial licenses and permits throughout the legal cannabis supply chain. A California cannabis law leader, Shay Aaron Gilmore provides proven legal solutions for operators and investors to […]
- [San Diego](https://shaygilmorelaw.com/san-diego/): CANNABIS BUSINESS LAW FIRM SERVING SAN DIEGO Contact Cannabis Business Attorney Serving San Diego, California The Law Office of Shay Aaron Gilmore has helped dozens of businesses procure or maintain state and local commercial cannabis licenses and permits, successfully closed millions of dollars in mergers and acquisitions and other corporate transactions for cannabis operator and investor clients, and devoted hundreds of hours of pro-bono legal services to the cannabis social equity movement. Recognized as a leader in California cannabis law, Shay Aaron Gilmore provides proven legal solutions for investors and operators to launch, fund and grow ventures in compliance with […]
- [Sacramento](https://shaygilmorelaw.com/sacramento/): CANNABIS BUSINESS LAW FIRM SERVING SACRAMENTO Contact Cannabis Business Attorney Serving Sacramento, California Recognized as a leader among California cannabis lawyers, Shay Aaron Gilmore provides proven legal solutions for investors and operators to launch, fund and grow ventures in compliance with the cannabis industry’s ever-changing laws, regulations and policies for the expansion of environmentally-sustainable, reliably-tested, and socially equitable cannabis throughout California. The Law Office of Shay Aaron Gilmore has helped dozens of businesses procure or maintain state and local commercial cannabis licenses and permits, successfully closed millions of dollars in mergers and acquisitions and other corporate transactions for cannabis investor […]
- [Oakland](https://shaygilmorelaw.com/oakland/): CANNABIS BUSINESS LAW FIRM SERVING OAKLAND Contact Cannabis Business Attorney Serving Oakland, California The Law Office of Shay Aaron Gilmore has devoted hundreds of hours of pro-bono legal services to the cannabis social equity movement, successfully closed millions of dollars in mergers and acquisitions and other corporate transactions for cannabis operator and investor clients, and helped dozens of businesses procure or maintain state and local commercial cannabis licenses and permits throughout California. Recognized as a leading California cannabis attorney, Shay Aaron Gilmore provides proven legal solutions for operators and investors to launch, fund and grow ventures in compliance with the […]
- [Mendocino County](https://shaygilmorelaw.com/mendocino-county/): CANNABIS BUSINESS LAW FIRM SERVING MENDOCINO COUNTY Contact Cannabis Business Attorney Serving Mendocino County, California The Law Office of Shay Aaron Gilmore has successfully closed millions of dollars in mergers and acquisitions and other corporate transactions for cannabis investor and operator clients, devoted hundreds of hours of pro-bono legal services to the cannabis social equity movement, and helped dozens of businesses procure or maintain state and local commercial cannabis licenses and permits for the expansion of cannabis access in the California regulated market. Focused on Mendocino County, Shay Aaron Gilmore delivers proven legal solutions for operators and investors to launch, […]
- [Los Angeles](https://shaygilmorelaw.com/los-angeles/): CANNABIS BUSINESS LAW FIRM SERVING LOS ANGELES Contact Cannabis Business Attorney Serving Los Angeles, California A leading California cannabis lawyer, Shay Aaron Gilmore delivers proven legal solutions for operators and investors to launch, fund and grow ventures in compliance with the cannabis industry’s ever-changing regulations, laws, and policies throughout California, with a focus on Los Angeles. The Law Office of Shay Aaron Gilmore has devoted hundreds of hours of pro-bono legal services to the cannabis social equity movement throughout the United States, helped dozens of businesses procure or maintain state and local commercial cannabis licenses and permits in cities and […]
- [Humboldt County](https://shaygilmorelaw.com/humboldt-county/): CANNABIS BUSINESS LAW FIRM SERVINGHUMBOLDT COUNTY Contact Cannabis Business Attorney Serving Humboldt County, California The Law Office of Shay Aaron Gilmore has donated hundreds of hours of pro-bono legal services to the cannabis social equity movement, helped dozens of businesses procure or maintain state and local commercial cannabis licenses and permits throughout California, and successfully closed millions of dollars in mergers and acquisitions and other corporate transactions for cannabis investor and operator clients. A California attorney for over 20 years, established as a California cannabis law leader focused on Humboldt county, Shay Aaron Gilmore provides proven legal solutions for investors […]
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- [Legal & Privacy](https://shaygilmorelaw.com/legal-privacy/): The Law Office of Shay Aaron GilmoreBusiness Counsel for the Cannabis Community Legal & Privacy BY ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE NOTICE, TERMS OF USE, AND PRIVACY POLICY SET FORTH BELOW, AND AGREE TO BE BOUND BY THEM. NOTICE The information contained herein is provided for educational and informational purposes only, and should not be construed as legal advice. This web site contains general information and may not reflect the most current legal developments or information. The information is not guaranteed to be correct, complete or current. The Law Office of Shay Aaron Gilmore makes […]
- [Media](https://shaygilmorelaw.com/media/): Presentations and Panels Privacy Law Issues Confronting the Cannabis & Hemp Economy (November 19, 2024) California Cannabis Corporate Law (November 8, 2023) The Intersection of Cannabis and Corporate Law: Navigating Complex Federal & State Laws (July 11, 2023) Cannabis Social Equity in Northern California (September 28, 2022) Navigating Cannabis: Lessons from Experienced Practitioners (April 21, 2021) Legal Articles & White Papers   The Cannabis Laws of the 2025 California Legislative Session (October 15, 2025)    The Cannabis Laws of the 2024 California Legislative Session (November 13, 2024) Governor signs three cannabis bills to disrupt illicit market and address worker exploitation […]
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- [Services](https://shaygilmorelaw.com/services/): Business Counsel for the Cannabis Community Shay Aaron Gilmore is an attorney based in San Francisco and works exclusively with cannabis operators and investors throughout the legal California cannabis supply chain. Corporate Law Commercial Contracts Real Estate & Land Use Regulatory Compliance Intellectual Property Law Venture Capital Counsel Employment and Labor Law Administrative Law
- [About Shay](https://shaygilmorelaw.com/about-shay/): Education The University of Texas School of Law, J.D., 2001 Rice University, B.A., 1998 Professional Memberships International Cannabis Bar Association, Board of Directors Member California Lawyers Association, Cannabis Practitioners Group Chair Bar Association of San Francisco, Cannabis Law Section Co-Founder Top Lawyer Awards Top 20 California Cannabis Lawyers, The Los Angeles/San Francisco Daily Journal Top 100 Northern California Super Lawyer, Super Lawyers® Magazine Top 200 Global Cannabis Lawyers, Cannabis Law Journal Shay Aaron Gilmore With over 20 years of experience as a California attorney, Shay Aaron Gilmore advises and counsels successful cannabis and hemp operators and investors through the complexities of […]
- [Home](https://shaygilmorelaw.com/): Business Counsel for our Cannabis and Hemp Community Shay Aaron Gilmore is an attorney based in San Francisco and works exclusively with operators and investors throughout the legal California cannabis and hemp supply chains. Corporate Law Commercial Contracts Real Estate & Land Use Regulatory Compliance Intellectual Property Law Venture Capital Counsel Employment and Labor Law Administrative Law Trusted California Lawyer Serving the Cannabis and Hemp Economy A trusted California cannabis and hemp business attorney who understands the industries’ complexities, Shay Aaron Gilmore specializes in legal counsel for and representation of cannabis and hemp businesses and investors across the state. With […]


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