BREAKING: California Releases Emergency Regulations for Manufacturing Cannabis in Shared-Use Facilities Today, the California Department of Public Health (CDPH) released its proposed emergency regulations governing cannabis manufacturing in shared-use facilities. We’ve written previously about CDPH’s statement that it was developing an additional license type, Type S, which would allow businesses to share facility space, and we’re pleased to see such quick progress in rules development. View Full Post
More and more states are recognizing there is a pay gap between the genders. Washington is the latest state to address the gap through legislation. The near-final law, HB 1506, is commonly referred to as the Equal Pay Act. It is currently awaiting the Governor’s signature, which we can expect any day now. View Full Post
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. Legal recreational marijuana was on the ballot in Illinois this week, and Chicagoland is strongly pro-pot. Legalize recreational marijuana in Illinois, Chicago and suburban voters say (Chicago Reader: News & Politics, 21 March 2018) Cook County voters overwhelmingly came down in favor of making weed completely legal Tuesday. View Full Post
Congress Protects Medical Marijuana in New Spending Bill…Adult-Use is Still Not Addressed Yesterday, details of the Fiscal Year 2018 Budget were released.  Congress has once again elected to prohibit the Department of Justice (“DOJ”) from spending money on actions that prevent medical marijuana states giving practical effect to their state laws that authorize the use, distribution, possession, or cultivation of medical marijuana.  View Full Post
Last week I spoke on a panel about compliance at the Cannabis Cultivation Conference hosted by the Cannabis Business Times. If you’ve been following the latest developments in California you’d know that compliance with the myriad of regulations is the biggest obstacle for businesses looking to join the state legal cannabis market. View Full Post
You’re Invited!: “New Marijuana Law Update in New York” Webinar On May 16, 2018, Fox partner Alexander Leonard and associates Matt Kittay and Zev Singer will present a live webinar on New York’s new medical marijuana law and its impact on employers. Alexei, Matt and Zev will discuss key provisions of the new law and their interplay with federal law; practical implications for employers including drug testing, background checks and privacy concerns; as well as disability discrimination issues and off-duty/off-premises policies. View Full Post
In Cossins v. Josephine County, issued March 14, 2018, the Oregon Land Use Board of Appeals (LUBA) remanded a recently adopted ordinance to Josephine County.  The ordinance, No. 2017-002, would have restricted marijuana production on land zoned Rural Residential to lots and parcels larger than five acres, effectively prohibiting marijuana production on anything less than a double lot on much of Josephine County’s Rural Residential land.  View Full Post
The Green Elephant in the Room: In re Olson, 2018 WL 989263 (B.A.P. 9th Cir. Feb. 5, 2018) Jesse Harris writes: Is a landlord who accepts rent from a cannabis dispensary tenant entitled to bankruptcy relief in a federal forum? In In re Olson, 2018 WL 989263 (B.A.P. 9th Cir. Feb. 5, 2018), the Bankruptcy Appellate Panel for the Ninth Circuit answered: maybe, maybe not, but either way, the bankruptcy court must make specific factual findings based on evidence in the record and explain its reasoning. View Full Post
Washington Cannabis: Court Rules that Counties Can Prohibit Recreational Sales An appeals court in Washington ruled last week that Clark County has the authority to ban the retail sale of recreational marijuana, settling any remaining dispute as to whether local governments in Washington can ban marijuana activities. The ruling was a long time coming, and not unexpected. View Full Post
Cannabis businesses may be surprised to learn that Proposition 65, the California law that seeks to warn consumers of chemicals in the products they buy, may apply to many marijuana products.  This law requires all parties in the supply chain, from manufacturers to distributors (but not retailers except in certain circumstances) to place warning labels on products sold in California if those products contain certain levels of one of hundreds of listed chemicals determined to cause cancer or reproductive toxicity.  View Full Post