“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.

CEB Programs

2018 Update: Land Use & Zoning Regulation of Cannabis Businesses

Webinar: June 20 (Wednesday) - 12:00pm to 1:30pm

This program features the renowned West Coast cannabis attorneys and bloggers Hilary Bricken and Julie Hamill explaining the latest in regulatory trends, compliance issues, and the most recent developments in this rapidly evolving area. 1.5 hours 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. The CEB program “Marijuana Law Update,” a Webinar on March 20, 2018, is now available On Demand at: https://ceb.com/marijuana-law-update.

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released 200 pages of draft regulations for the Medical Cannabis Regulation and Safety Act (MCRSA), only to have MCRSA repealed and replaced with yet another set of cannabis laws called the MAUCRSA.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

California Approves First Commercial Cannabis Landlord Insurance Coverage

By Daniel Dersham

Because marijuana remains a controlled substance under federal law, most traditional insurance companies decline to write insurance policies for the commercial cannabis industry. But last week, the California Department of Insurance announced that it has approved a Lessor’s Risk policy for landlords renting to commercial cannabis tenants that will be issued by California Mutuals.

Marijuana. Are Magic Mushrooms Next?

By Barbara Feder Ostrov, Kaiser Health News

Pointing to research showing that psilocybin might be helpful for people suffering from depression or anxiety, activists in Oregon and Colorado are sponsoring ballot measures that would decriminalize possession of psilocybin mushrooms, whose active ingredient can cause hallucinations, euphoria and changes in perception.

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.”

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