Advertising for Cannabis? Know the Rules

If you are going to be advertising your wares as a cannabis licensee, pay attention. Any advertising or promoting of commercial cannabis must identify the licensee responsible for the advertising content, including the responsible licensee’s state license number. In addition, all advertising and promoting of commercial cannabis must not:  Be published or disseminated while a licensee’s license is suspended; Be … Read More

Cannabis Business Updates at Both Federal Level and State Level

The Cannabis Industry got a big bump recently on the federal level with the passage of a bill in the House of Representatives that would allow banks to do business with cannabis related businesses. The Secure and Fair Enforcement Banking Act, known as the SAFE Banking Act, passed the House of Representatives on September 25, 2019 by a vote of … Read More

No Temporary State Cannabis License? No Problem for a Provisional After Passage of SB 97

The way California is issuing state cannabis licenses is getting a makeover. Slow processing times for applications have dogged state cannabis regulators from approving the majority of applicants for state cannabis cultivation, retail, distribution, and manufacturing licenses. The time it takes the State to process annual applications can leave applicants out of compliance if temporary licenses expire while applicant’s annual … Read More

Got a Provisional License from CDFA: Now What?

Back in September 27, 2018, Governor Jerry Brown signed Senate Bill 1459, which allows the California Department of Food and Agriculture (CDFA) to create a new “provisional” cannabis cultivation license as a bridge between temporary and annual cultivation licenses. A provisional license acts in the same manner as an annual license, except it is not renewable, as required in Business … Read More

Interim State License Blues May Be Delayed to the End of 2019

Under current law, temporary California commercial cannabis licenses expire 120 days from the date they were issued, unless the applicant applied for an annual state license, in which case the temporary license may be extended for two additional 90 day periods. But with CalCannabis backlogged on issuing state annual licenses and provisional state licenses, many interim permits are set to … Read More

Obtaining Provisional Licenses from the California Department of Food and Agriculture

On September 27, 2018 California Governor Jerry Brown signed Senate Bill 1459 which allows the California Department of Food and Agriculture (“CDFA”) to issue “provisional” cannabis cultivation licenses as a bridge between temporary and annual cultivation licenses. Provisional licenses act in the same manner as annual licenses, except those licenses are not renewable. Unlike annual and temporary licenses through CDFA, … Read More

California’s Legal Cannabis Market is Growing Up Fast

This year marks a new phase in the evolution of California’s regulated market for cannabis. As of January 1, 2019, the California Department of Food and Agriculture (“CDFA”) no longer has the authority to grant provisional licenses for cannabis cultivation. Already-issued temporary licenses will be subject to an automatic extension of time for those who submitted applications for annual licenses … Read More

Permitting Considerations When Purchasing a Cannabis Farm

Lately, there has been an uptick in the number of cannabis farms holding either a local or state license being bought and sold throughout the County. From a regulatory perspective, purchasing a cannabis farm presents issues with respect to business continuity, disclosure requirements, and other responsible agency requirements for transfer of required permits and authorizations. The following is a brief … Read More

Can Counties Really Charge $10,000 Per Violation of County Zoning Ordinances?

As you may or may not be aware, Humboldt County is charging $10,000 per day per violation of County Codes related to unlicensed cannabis cultivation. Such violations include grading violations, building permit violations, and violations of the cannabis ordinance. The question is whether the County can really impose such a stiff penalty and what statute authorizes such a penalty? The … Read More

Change in Definition of Mixed Light Cultivation of Cannabis

On July 13, 2018, the California Department of Food and Agriculture (CDFA) published its proposed regulations in the California Regulatory Notice Register, the first step toward adopting non-emergency regulations. The publication begins the formal rulemaking process and marks the opening of the 45-day public comment period. An important change in the proposed rules is the definition of mixed light. Under … Read More