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Final Regulations of the California Bureau of Cannabis Control

The regulations that apply to all licensees are organized as follows in the California Code of Regulations. Article 1: Definitions. They spell out everything from “branded merchandise” to “wholesale cost.” Article 2: Applications. These sections explain what you need to apply for an annual license. The short answer is you need to show and tell a Read More

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California Rolls Out Its Cannabis Regulations

On January 16, the state’s three licensing authorities announced their final regulations for cannabis businesses across the supply chain. We’ll break down these regulations over the next few weeks, starting with those from the Bureau of Cannabis Control. The Bureau’s regulations span eight chapters in the California Code of Regulations, and they number as follows: Read More

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The Right to Counsel in the 21st Century

As we touched on last week, the Sixth Amendment protects not just a right to counsel but a right to the effective assistance of counsel. In the 21st century, this means at least three things. First, the government can’t take away your life or liberty without a legal defense. Second, if you can’t afford a lawyer, the Read More

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When in Doubt, File the Appeal

Last week it was the Eighth Amendment; this week, it’s the Sixth. The Sixth Amendment says, “In all criminal prosecutions, the accused shall enjoy the right to … have the Assistance of Counsel for his defence.” On Wednesday, the U.S. Supreme Court said the right to counsel means you decide whether to appeal, not your lawyer. If Read More

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The Eighth Amendment Applies to the States in Full

The Eighth Amendment consists of one sentence: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Until Wednesday, it wasn’t clear if the part about excessive fines applied to the individual states. In fact, you may not know this, but the entire Bill of Rights applied only to Read More

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California Hospitals Must Report Disciplinary Actions to the State

Remember the hospital from last week? It suffered a $4 million judgment because it revoked a doctor’s staff privileges without notice or an administrative hearing. It may also have violated another law that applies when a hospital (or clinic or like facility) revokes someone’s privileges (or takes similar action) for a medical disciplinary reason. It Read More

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You Can’t Revoke a Doctor’s Hospital Privileges Without Due Process

This ain’t your grandfather’s medical practice anymore, is it? The modern doctor must deal with a dizzying array of rules and regulations like the one we covered last week. At the same time, California law affords you certain protections that can’t be bargained around or contracted away, as a hospital found out when it tried Read More

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California Doctors Must Check Patient Database Before Prescribing Most Drugs

Speaking of new rules, we’ve written about this before, and if you work in healthcare then you already know. As of October 2, doctors and other healthcare providers must check a statewide database before prescribing any Schedule II-IV drug. It’s called CURES: the Controlled Substance Utilization Review and Evaluation System. It’s a prescription-drug monitoring program to curb Read More

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New California Criminal Laws: Part Quatre

Here’s our fourth and final installment of notable new laws. Employers can’t ask about or investigate a conviction that’s been sealed or dismissed unless it’s specific to the job you applied for. This is Senate Bill 1412. Generally speaking, California employers can’t ask about or run checks for convictions that have been sealed, dismissed, or expunged. One Read More

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New California Criminal Laws: Part Trois

For our third installment of notable new laws, here are two concerning juvenile justice. We’re gonna prosecute fewer kids as adults. This is Senate Bill 1391. It amends the Welfare and Institutions Code to eliminate the prosecution of 14- and 15-year-olds as adults. Going forward, these cases must always remain in the juvenile system. Before, Read More

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