By Mani Dabiri | Published April 20, 2019 | Posted in Civil Business Litigation and Investigations, Federal and State Criminal Defense, Government Subpoenas and Investigations, White-Collar and Regulatory Defense | Tagged Tags: cannabis, jurisdiction, licensingandregistration, realestate |
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
Read MoreDisciplinary 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
Read MoreEnforcement 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
Read MoreCalifornia’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
Read MoreFinal 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
Read MoreCalifornia 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
Read MoreThe 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
Read MoreThe 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
Read MoreCalifornia 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
Read MoreNew 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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