Evidence-Based Research Suggests Allowing Cannabis Storefront Retail Benefits Neighboring Property Values, Public Health and Safety

Canna Law Blog

In addition to legalizing adult use and possession of cannabis, the law creates a statewide regulatory regime for commercial cannabis activity, but also provides discretion to local jurisdictions to prohibit or restrict such businesses. Stated reasons from city and county governments include fear of increased crime and teen drug use, and potential harm to property value. In 2016, California voters approved Prop 64, the Adult Use of Marijuana Act, by nearly 2 million votes.

House Members Pass Historic Legislation Legitimizing Retail Cannabis Sales

NORML

Members of the House of Representatives voted 321 to 103 in favor, representing 79% of the vote of HR 1595: The SAFE Banking Act, which amends federal law so that explicitly banks and other financial institutions may work directly with state-legal marijuana businesses. Therefore, almost no state-licensed cannabis businesses can legally obtain a bank account, process credit cards, or provide loans to small businesses and entrepreneurs.

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Clark County continues to eye pot-law changes

Cannabis Chronicles

In April, the council held a work session examining the public safety and health aspects of legal cannabis. They also reflect updates to state law, such as eliminating “collective gardens,” which were previously used for medical marijuana. The thousand-foot buffer will still stand for public playgrounds, as well as elementary and secondary schools as required by state law.

Law 109

Petition filed to legalize recreational marijuana in Oklahoma

Cannabis Law Report

State Question 806 , filed on Dec. 12, would add an amendment to the Constitution, which would generally legalize, regulate and tax marijuana for people aged 21 and older under state law. Specifically, it protects the personal use of marijuana for those 21 years old and older, while establishing quantity limits, safety standards and other restrictions, according to the language of the petition. If voters approve the state question, it would take effect in 90 days.

California Department of Justice Releases New Medicinal Cannabis Guidelines

Cannabis Law Report

SACRAMENTO – Today, the California Department of Justice released the “Guidelines for the Security and Non-Diversion of Cannabis Grown for Medicinal Use” to clarify the state’s laws governing medicinal cannabis, specifically those related to the enforcement, transportation, and use of medicinal cannabis. The Guidelines come after significant changes in state law on recreational cannabis use. Guidance regarding collectives and cooperatives. PRESS RELEASE.

California is Moving Forward With a Plan to Establish Marijuana Banks

The Joint Blog

The Associated Press is reporting that California is quickly moving forward with a plan to establish a system of banks to work with the marijuana industry which is legal under state law, but illegal under federal law. Given that legal marijuana businesses are shut out of the traditional banking system by federal laws, proponents of the new push argue that they would benefit if the state approves a measure creating a special class of banks to handle pot money.

Update on Marijuana in the Workplace “Rhode Island”

Cannabis Law Report

For employers who attended the recent AP&S seminar on “Marijuana in the Workplace,” as well as all employers looking to stay informed of new developments in this area of the law, the Rhode Island General Assembly has now codified protections for employees and job applicants who are medical marijuana cardholders. Laws § 2-26-1, et seq., iv) Violation of employment conditions pursuant to the terms of a collective bargaining agreement; or. (2)

Planet 13 Offering Expanded Online Ordering and Delivery Services

Puff Puff Post

All figures are reported in United States dollars ($) unless otherwise indicated. The Company’s staff has undergone extensive health and safety training. “The health and safety of our employees, customers, and community remain our top priority as the spread of COVID-19 continues to impact people and businesses nationwide. Local state laws where MMDC operates permit such activities however, these activities are currently illegal under United States federal law.

Californian Lawmakers End Pot Smoking in Moving Vehicles

Marijuana Lawyer Blog

That’s because the Golden state’s lawmakers recently closed a loophole with Assembly Bill 1810 , to prevent passengers from smoking or vaping cannabis products while inside moving vehicles. For some time, state legislators had been pushing for a bill that protects limousine and party bus drivers from the effects of second-hand cannabis smoke. SB 625 bill stated passengers were permitted to consume cannabis within a limousine, pedicab, camper, houseboat, bus or taxi.

California Activists Seek Decriminalization of Magic Mushrooms

Marijuana Lawyer Blog

Together with the required $2,000 fee, an advocacy group by the name of Decriminalize California submitted ballot language to the state attorney general’s office in September. At that point, within 180 days of receiving the attorney general’s approval of title and summary, the Decriminalize California group must collect 623,212 valid signatures before the measure qualifies for the California ballot. About Cannabis Law Group.

California Employers Ease Zero Tolerance on Cannabis

Marijuana Lawyer Blog

California employers long have long availed themselves of their right – as affirmed by the state’s high court – to carry out zero tolerance policies against workers who use drugs – even if that drug use takes place off-the-job. Supreme Court had affirmed challenges to the federal law in part because deemed marijuana dangerous Schedule I drug. As Los Angeles cannabis employment law attorneys know, there is nothing in the U.S.

Consumer Privacy, California Cannabis and CCPA Deletion Requests

Canna Law Blog

CCPA is a massive privacy law similar in scope to the European Union’s infamous General Data Protection Regulation, and applies to many businesses (not just cannabis businesses) that are based in or even “do business” in California.

Planet 13 Offering Expanded Online Ordering and Delivery Services

Puff Puff Post

All figures are reported in United States dollars ($) unless otherwise indicated. The Company’s staff has undergone extensive health and safety training. “The health and safety of our employees, customers, and community remain our top priority as the spread of COVID-19 continues to impact people and businesses nationwide. Local state laws where MMDC operates permit such activities however, these activities are currently illegal under United States federal law.

New California Cannabis Shop Hopefuls Face Barriers to Entry

Marijuana Lawyer Blog

This year was the first in which Californians could freely grow, sell, buy and use marijuana purely for purposes of recreation without the constant threat of criminal law enforcement intervention. However, almost nowhere in the Golden State can new marijuana business owners say it’s been an easy road. On average, a person in California must drive 60 miles to arrive at a dispensary, according to the state’s Bureau of Cannabis Control.

CBD is Everywhere – But Where Does the FDA Stand?

The Blunt Truth

Current federal law expressly allows for the distribution of hemp-derived CBD products that contain 0.3% Other CBD products, however, are still subject to various state law regulations as well as the U.S. On May 31, 2019, the FDA’s Working Group held a public hearing for stakeholders to share their experiences and challenges with CBD products, including information and views related to product safety. The FDA is collecting data to fill these gaps.

New Jersey Greatly Expands Medical Marijuana Law

Greenspoon Marder Cannabis Law Group Blog

The Garden State’s Governor, Phil Murphy, signed the Jake Honig Compassionate Use Medical Marijuana Act (CUMMA) on July 2, 2019. Additionally the law creates procedures for employees or applicants who test positive for marijuana; increases the monthly purchasing limit from two to three ounces of dry flower for the next 18 months, with the maximum to be determined by regulation thereafter. Ability to meet the overall health needs of qualified patients and safety of the public.

Nevada Becomes the First State to Restrict Employer Use of Pre-Employment Cannabis Tests

The Blunt Truth

Following closely on the heels of a similar law in New York City, effective January 1, 2020, it will be unlawful for Nevada employers to reject a job applicant who tests positive for cannabis on a pre-employment drug test. While there is debate as to whether some medical and recreational cannabis laws, including in Maine, allow an employer to take action based on off-duty or off-premises cannabis use, when it comes to job applicants, Nevada law could not be more clear.

Oregon Psychedelics: Psilocybin on the Ballot this November!

Canna Law Blog

The campaign said it had collected over 164,000 signatures and that its recent submission of additional signatures would comfortably put the initiative above the requirements. b) Adopt rules and regulations for the eventual implementation of a comprehensive regulatory framework that will allow persons 21 years of age and older in this state to be provided psilocybin services; Section 2 sets forth the purposes of the Act.

25 Cities Sue California to Block Unfettered Marijuana Delivery

Marijuana Lawyer Blog

Los Angeles marijuana delivery business attorneys are paying close attention to this litigation, wherein plaintiff cities argue that by allowing home deliveries in cities where it is restricted, the state is breaking key provisions of Prop. Approximately 80 percent of the state’s 482 cities have barred cannabis retailers from either setting up shop or selling the drug for recreational purposes.

Article, Squire Patton Boggs: Nevada Blazes a Path; First State to Ban Pre-Employment Marijuana Testing

Cannabis Law Report

132 , becoming the first state to prohibit pre-employment drug testing for the presence of marijuana (though New York City was the first city to enact such a law, as we discussed in our previous post ). The law makes it unlawful for any employer to fail or refuse to hire a prospective employee because the prospective employee submitted to a blood, urine, hair, or oral fluids drug test and the results of the screening test indicate the presence of marijuana. Ariel S.

First Church of Cannabis Lawsuit: Marijuana “Rites” of Faith Falter in Court

Marijuana Lawyer Blog

Marijuana did not pass muster as a holy sacrament with an Indiana state circuit court judge last year, citing now-Vice President-then-Indiana-Governor Mike Pence’s championed Religious Freedom Restoration Act. Whether the state appellate court might have agreed about the legitimacy of the First Church of Cannabis and its use of the drug for religious purposes won’t be known anytime soon.

Media 40

Top Five Suggested Revisions to California Form Leases for Cannabis Tenants

Canna Law Blog

The standard language in most lease forms not only fails to account for the nuanced requirements in state and local laws and regulations, but in some cases the forms actually conflict with what the law requires. Any issue not addressed in the lease will be governed by state law. State law tends to be very protective of tenants in residential leases, but provides little protection to commercial tenants.

ABA (American Bankers Assoc) & CUNA (Credit Union National Association) Team Up On Cannabis

Cannabis Law Report

In a joint op-ed in Fox Business today, American Bankers Association President and CEO Rob Nichols and Credit Union National Association President and CEO Jim Nussle called on lawmakers to resolve the existing conflict between federal and state law with respect to proceeds from cannabis-related businesses. Fortunately, there is a way for Congress to address this issue that will improve safety, and support small business across America,” Nichols and Nussle wrote.

Will Newly Developing Drug Breathalyzers Replace Other Forms of Testing?

Cannabis Law Report

PUBLISHER: CANNABIS LAW REPORT. She is currently a law school professor teaching Marijuana and the Law at California Western School of Law and researcher under a contract with NHTSA and NORC on the topic of the prosecution of drugged driving cases. For many years blood and urine testing for alcohol and drug detection has been the gold standard in the workplace, with law enforcement, and, in the courts. uid is collected.” [ix] United States , 293 F.

Critical Changes

Cannabis Law Report

CPA’s “ PUBLISHER: CANNABIS LAW REPORT. See California government report finds regulators are unable to fully oversee the state’s marijuana market ] We will separately address this report. Proposition 64 spawned the Medical and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”). Issues relating to land use and public health and safety are inherently issues in which local jurisdictions have the determinative interest.

Federal Legalization – Then What?

Cannabis Law Report

CPA’s “ PUBLISHER: CANNABIS LAW REPORT. Let’s begin with the following: STATES Act Becomes Law. The STATES Act passes in Congress, the President signs it and it becomes law which means that in the states where cannabis is legal : Banking system becomes available to cannabis businesses. States could create more restrictive regimes, but could not authorize activities that permitted activities that federal law prohibited.

DEA 52

Mondaq – United States: Agency Activity Signals Regulatory Agenda, Enforcement Priorities, And Litigation Risk For CBD Products

Cannabis Law Report

In pertinent part, these FDA announcements acknowledged that the agency is exploring pathways for various types of CBD products (including food and dietary supplements) to be lawfully marketed in the eyes of FDA, and discussed the agency’s forthcoming activity, including opening a docket for interested parties to submit additional data on the safety and risks of CBD and issuing a “risk-based” enforcement policy for CBD products. Monitor product claims and safety.

CalCannabis Solves Representation Issue

Cannabis Law Report

CPA’s” PUBLISHER: CANNABIS LAW REPORT. CalCannabis Solves Representation Issue – approximately thirteen months ago [1], we discovered that agencies in California that regulate the cannabis industry [“ CDFA-CalCannabis “, “ CDPH-MCSB “, and “ BCC “, collectively the “Regulators”] did not have a procedure for representation of applicants and licensees by counsel or other qualified representatives.

Greenspoon Marder Article: NEW JERSEY GREATLY EXPANDS MEDICAL MARIJUANA LAW

Cannabis Law Report

The Garden State’s Governor, Phil Murphy, signed the Jake Honig Compassionate Use Medical Marijuana Act (CUMMA) on July 2, 2019. Additionally the law creates procedures for employees or applicants who test positive for marijuana; increases the monthly purchasing limit from two to three ounces of dry flower for the next 18 months, with the maximum to be determined by regulation thereafter. Ability to meet the overall health needs of qualified patients and safety of the public.

Massachusetts Cannabis Control Commission Approves Final Adult Use, Medical Use of Marijuana Regulations , Home Delivery & Social Use

Cannabis Law Report

The requirement that drivers wear a body camera any time they are outside their delivery vehicle – which is also required to have cameras – and record all transactions caught significant flak at public hearings on the proposed regulations this summer and commissioners have wrestled to find a balance between public safety and individual privacy rights. “We We depend on a good relationship with law enforcement. Public Health and Safety. Daily Hampshire Gazette reports.

Washington: WSLCB Publish Their 2019 Cannabis Topics & Trends Alerts

Cannabis Law Report

If the source of funds is questionable, unverifiable, or determined by the WSLCB to be gained in a manner which is in violation of law, the WSLCB will conduct further investigation regarding the funds. Please contact your WSLCB Enforcement Officer if you have any questions about implementation and enforcement of this important public safety rule. Licenses are to report both the calculated tax amount and the amount of additional collected tax. Cannabis Law News

Mondaq Article: United States: Federal Court Presses ‘Pause’ Button On Budding CBD Litigation

Cannabis Law Report

United States: Federal Court Presses ‘Pause’ Button On Budding CBD Litigation. While the court declined to dismiss the action in its entirety (citing relevant state law that may still be considered on the merits), the court’s decision to stay—or postpone—the case under the primary jurisdiction doctrine, determined that FDA, and not the courts, should regulate CBD products, including what constitutes proper labeling.

Article: Recap: Senate Committee Holds Hearing on Cannabis Banking

Cannabis Law Report

Americans’ access to cannabis has also grown as states pass various laws allowing medical and adult use of the plant. As of today, a majority of states and U.S. In total, 34 states, the District of Columbia and various U.S. Eleven states have allowed for legal adult and medicinal use of cannabis in a regulated program. Twenty-three states have a comprehensive medical marijuana program. anti-money laundering laws.

Manzuri Law – End Of Year Roundup: Defining Moments in 2019 Cannabis and What They Mean for 2020

Cannabis Law Report

It has been two years since California began licensing yet operators still struggle with compliance and are all still de facto, breaking one law or another. Meanwhile, the state was experiencing a severe bottleneck in its own licensing process. Here’s a look back at 2019 and a projection of what’s to come in 2020 Cannabis Law. . 2019 Defining Moments in California Cannabis Law . The End of the Collective Era.

Article – National Law Review: House Vote on Cannabis Industry-Related SAFE Banking Act Scheduled for September 2019

Cannabis Law Report

As early as September 23, 2019, the United States House of Representatives is expected to vote on the widely anticipated Secure and Fair Enforcement (SAFE) Banking Act. Status in the Senate is uncertain, as the chair of the Banking Committee has indicated an intent to poll those in Idaho, a state that has failed to legalize any form of cannabis, regarding the issue. She is a graduate of the Georgetown University Law Center and… ambur.smith@dinsmore.com.

Article : Maine – Opportunities for Marijuana Establishments to Access Financial Services: Recent Advancements at the State and Federal Level

Cannabis Law Report

Opportunities for Marijuana Establishments to Access Financial Services: Recent Advancements at the State and Federal Level. This has had a significant impact on marijuana businesses operating in compliance with Maine law across the state. . On Tuesday, March 26th a bill introduced by Representative Berry of Bowdoinham (LD 1402) was released in the Maine State Legislature in an effort to expand state legal marijuana businesses’ access to financial services.

Cosmetics, Hemp, and CBD: Legislative and Regulatory Update

The Blunt Truth

While the law set the record straight between hemp and marijuana, it also tasked the US Department of Agriculture (USDA) with promulgating regulations and guidelines to establish and administer a program for the production of hemp in the US. The proposed rule creates a process by which States and Indian Tribes can submit plans to monitor hemp production in their respective territories. This provision of the bill varies from the Personal Care Products Safety Act ( S.