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CFTC Publishes Enforcement Manual for First Time

On May 8, the Enforcement Division of the Commodity Futures Trading Commission published its Enforcement Manual for the first time. The Manual’s purpose is twofold: to explain the role of the Enforcement Division within the CFTC and to set general policies and procedures that guide it in detecting, investigating, and prosecuting violations of law. There’s too much Read More

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California’s Cannabis Control Appeals Panel

We end our series on the state’s pot regulations with a look at the administrative panel that will hear appeals from adverse licensing decisions. There, you’re entitled to a fair and impartial review of whether your regulator treated you right; whether its decision was supported by its findings; and whether its findings were supported by substantial evidence in Read More

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California’s Cannabis Regulations for Manufacturers

We turn next in our series to the businesses who make edibles, topicals, concentrates, and other such products out of the plant material. Your regulations come from the Department of Public Health, but they resemble those of the Department of Food and Agriculture (for growers) and the Bureau of Cannabis Control (for retailers, testing labs, Read More

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California’s Cannabis Regulations for Cultivators

We turn now to the businesses who plant, grow, harvest, dry, cure, and trim the pot. Your regulations come from the Department of Food and Agriculture, but they resemble those of the Bureau of Cannabis Control, so a lot of the same or similar rules apply. You must show and tell a lot about yourself to 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 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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