Even two weeks after Election Day, jurisdictions nationwide are riding high after a number of positive wins related to the possible systemic legalization of cannabis use nationwide. As of November 3, 2020, the pendulum now undeniably swings in favor of cannabis, with medical cannabis legal in 33 states and recreational adult-use permitted in 12 states and Washington D.C.
Continue Reading Green Wave: The Latest Election Cycle Brings Hope for Standardized Cannabis Legalization
In Granny Purps v. County of Santa Cruz, the Sixth District Court of Appeal green-lit a medical cannabis cultivator’s ability to pursue damages – to the tune of potentially $3.5M – from the County of Santa Cruz when it determined the County cannot rely on zoning ordinance to seize the cultivator’s plants grown in violation of local regulation. Specifically, the Sixth District found that, while the County is not compelled to return seized property if the property is illegal, the local ordinance at issue “ultimately regulates land use within the County; it does not (nor could it) render illegal a substance that is legal under state law.”
Continue Reading County Zoning Ordinance Cannot be Used to Justify Cannabis Plant Seizure
The viability of California’s cannabis delivery businesses continues to hang in the balance as trial in the landmark litigation between the Bureau of Cannabis Control (BCC) and over two dozen local municipalities was postponed at the eleventh hour. In her tentative ruling, issued the afternoon before the much-anticipated bench trial in County of Santa Cruz v. BCC (County of Fresno Super Court, Case No. 19CECG01224), Judge Rosemary McGuire questioned the ripeness of certain municipalities claims challenging implementation of California Code of Regulations, Title 16, section 5416(d) (Regulation 5416(d)), which allows delivery of cannabis to any jurisdiction within the state.
Continue Reading Long-Awaited Trial in Cannabis Delivery Litigation is Again Postponed Until November
By some estimates, sales of legal cannabis in the United States are expected to top $30 billion by 2025. If cannabis is de-scheduled, this nascent industry is well-positioned to burgeon into the next great American capitalism story. The obvious question is: “Who will benefit?”
Continue Reading Social Equity in the Cannabis Industry: Is It Working?
In an effort to stem the tide of COVID-19 transmission, many state and local governments have enacted “shelter-in-place” or “stay-at-home” orders to protect the health and well-being of citizens, and
Continue Reading Continued Cannabis Operation Deemed “Essential” In Many COVID-19 Stay-at-Home Orders
On April 9, 2019, New York’s City Council passed legislation, available here, which will prohibit employers from requiring prospective employees to submit to testing for tetrahydrocannabinols (THC), the active ingredient in marijuana, as a condition of employment. If, as expected, Mayor Bill de Blasio signs the law into effect, the New York City Human Rights Law will be amended to make it a discriminatory practice to require pre-employment marijuana testing of employees in New York City.
Continue Reading New York City Council Passes Legislation Banning Marijuana Testing of Job Applicants
California has positioned itself as a leader on emerging cannabis policy. While federal law still prohibits cannabis-related activities within the State’s borders, several largely progressive laws in California permit the
Continue Reading Cannabis Regulation is the New Frontier in Real Estate and Land Use Control