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“Employer Beware”: The Danger Lurking in California’s State Retail Cannabis Regulations

Ryan Kocot, Law Office of Ryan T. Kocot

The Emergency Regulations released on December 7, 2017, allow a dispensary to sell cannabis directly to consumers in-store, as well as via delivery. But what can happen to the dispensary when one of its delivery employees is pulled over for a traffic violation, and he or she smells like marijuana by virtue of driving a van full of product?

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Welcome to CEB's marijuana law hub, specially designed to inform attorneys about crucial legal issues arising from state marijuana legalization and its conflicts with federal law.

  • We track developments in over 15 topics nationwide, so you can minimize the risks arising from various ethics rules, inconsistent federal enforcement policies, and non-uniform civil and criminal statutes and court actions that collide with each other.
  • We bring you analysis and practice tips as the issues evolve in this practice area, drawn from activity in five states as well as California's medical marijuana statute
  • We take no position on the legalization of marijuana and do not render legal advice--review our Disclaimer. Explore topics and legislation by going to left menu or clicking on at top.

This program features the renowned cannabis attorney and blogger Hilary Bricken for a discussion of the most pressing issues currently in the industry, including recreational sales, how to prepare for full licensing compliance, the shifting DOJ policies, and more! 1 hour MCLE credit available.

This program will afterward be available as an On Demand MCLE program from CEB; call 1-800-232-3444 or go to CEB.com.

Much has happened in the cannabis world in the last 18 months. State agencies released 200 pages of draft regulations for the Medical Cannabis Regulation and Safety Act (MCRSA), only to have MCRSA repealed and replaced with yet another set of cannabis laws called the MAUCRSA. Despite these changes, Julie Hamill describes how leasing to cannabis operators is still tremendously risky for landowners in CEB Real Property Law Reporter.

Latest News

Federal Cannabis Prohibition: Is The End Finally Near?

By Habib Bentaleb

Instead of increasing prosecutions on cannabis, the federal government may take a different direction. Last week, President Trump told a U.S. Senator that Trump was willing to support a legislative solution to the tension between state laws that regulate cannabis activities and federal law. This is a move away from Trump’s prior position that he would treat this issue consistently with his “responsibility to take care that the laws be faithfully executed.”

Ninth Circuit Allows Criminal Prosecution of Cannabis Growers on Federal Land

Less than 2 years after the Ninth Circuit barred federal prosecutions for state-law medical marijuana activity in U.S. v McIntosh, another Ninth Circuit panel held that a congressional bar on the DOJ’s use of appropriated funds to prosecute the use, distribution, possession, or cultivation of medical marijuana, done in conformity with state law, does not limit the DOJ’s ability to enforce federal drug laws on federal land.

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Congress Extends Limitations on Funding For DOJ’s Cannabis Prosecutions

By Hilary Bricken

Last week Congress extended the protections of the “Rohrabacher-Blumenauer Amendment,” which precludes the Department of Justice from spending funds to “prevent” any of the states “from implementing” their medical cannabis laws, despite the continuing schism between state and Federal laws on the status of cannabis as a controlled substance.

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