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Civil Business Litigation and Investigations
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L.A. Sues Unlicensed Pot Shop for $20,000 Per Day

We’ve spent the last month writing about state regulations from the Bureau of Cannabis Control. But on Thursday, the L.A. Times reminded us that cities and counties have a lot to say about pot, too. The city of Los Angeles, for example, has sued an unlicensed shop whose pot may have contained an illegal pesticide. The lawsuit Read More

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Disciplinary Guidelines of California’s Bureau of Cannabis Control

One last thing about the Bureau’s enforcement powers. If it files a formal accusation against you, it will look to the disciplinary guidelines that it has adopted to treat like cases alike. The Bureau may deviate from these guidelines in a given case, but it must consider them, and so will your lawyers, the state’s prosecutors, and Read More

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Enforcement by California’s Bureau of Cannabis Control

To round out the series we rolled out three weeks ago, here’s how the BCC polices the pot market. As you may know, the Bureau has a right of full and immediate access to enter and inspect any licensed premises, with or without prior notice. So they may come in and test your pot, test your Read More

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California’s Cannabis Regulations for Retailers, Distributors, and Testing Labs

Here’s an overview of the BCC’s regulations for each type of licensee. For the general regulations that apply to all licensees, see our post from last week. For the full text of the regulations, see here. Distributors You may package, label, and distribute cannabis goods or accessories, branded merchandise, or promotional materials. You may also provide storage Read More

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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 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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