On January 29, 2018 The Cannabis Corporate Law Firm presented information on regulations in the cannabis industry at the Emerald Sharks Vendor Expo & Workshop. Below is the presentation that was given, please let us know if you have any questions.

Formatted Presentation 1.29.

We feel it is important that we disseminate accurate information to our followers, including primary source documents. This morning, Jeff Session issued this memo which clearly allows US General Attorneys to exercise discretion in enforcing and prosecuting federal cannabis laws. He is not instructing them to prosecute per se, but the “safe harbor” created by the Obama administration for those in compliance with state laws is now over. 

What we also find interesting is that the focus in the first paragraph is money laundering and banking issues. This makes it clear that our leaders here in California need to take immediate action in opening state chartered banks, and protecting cannabis industry stake holders and consumers.

Senator Corey Gardner from Colorado is especially angry over Sessions broken promise to leave legal cannabis stake holders and consumers alone. Please contact your local Senators and urge them to block all DOJ nominations until this Jeff Sessions submits to the American public’s mandate allowing legal cannabis use.

To contact your local Senator please Click Here

To read the memo in full click below.

Memo- Jeff Sessions

We have compiled some of the most relevant laws, regulations and resources for our clients in the cannabis and medical marijuana industry. Nothing in these links is intended to convey legal advice. Please contact our office to schedule an appointment to discuss your specific needs and to learn more about the various marijuana laws, regulations and ordinances throughout California.

Due to the enactment of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), also known as Senate Bill 94 (SB94), all prior regulations are repealed. There are currently no regulations established by any administrative agency in California. Emergency regulations are expressly provided by MAUCRSA and are expected to be released in Fall of 2017. These emergency regulations will remain effective for 180 days, during which time the various California administrative agencies will establish more comprehensive regulations and seek public comment prior to the expiration of the emergency regulations. Cal. Bus. & Prof Code §26013.

The Cannabis Corporate Law Firm is in regular communication with the Bureau of Cannabis Control within the Department of Consumer Affairs (regulation of cannabis sales), the Department of Food and Agriculture (regulation of cannabis cultivation) and the Department of Public Health (regulation of cannabis manufacturing) to ensure the most up to date and accurate information is available to our clients.

Bureau of Cannabis Control:

Notice Triggering One Year Sunset on Collectives and Co-ops
www.bcc.ca.gov/law_regs/bcc_prop_text_reg.pdf
www.bcc.ca.gov/law_regs/bcc_fact_sheet.pdf

CA Department of Food and Agriculture:
www.bcc.ca.gov/law_regs/cdfa_prop_text_emerg_reg.pdf
www.bcc.ca.gov/law_regs/cdfa_fact_sheet.pdf

CA Department of Food and Agriculture- Division of Measurement Standards

https://www.cdfa.ca.gov/dms/CannabisWM.html

Weights and Measures-Do_I_need_to_License

Weights and Measures – CommercialScales

CA Department of Public Health:
http://www.bcc.ca.gov/law_regs/cdph_prop_text_emerg_reg.pdf
http://www.bcc.ca.gov/law_regs/cdph_sum_emerg_reg.pdf

These licenses relate to the manufacture of cannabis products such as edibles, oils, wax, budder, shatter, concentrates and tinctures. With the recent reporting of several manufactures of vape cartridges testing positive for pesticides, the market is ready for additional solvent free participants.

Track and Trace Regulations are currently being developed as well. California has already selected its vendor for track and trace integration.  Metrc will be California’s exclusive track and trace program for the cannabis industry.  Contact The Cannabis Corporate Law Firm today to learn more.

California Environmental Quality Act Compliance for Commercial Cannabis Activity:  https://www.cdfa.ca.gov/calcannabis/DraftPEIR.html

California State Water Resources Control Board:
https://www.waterboards.ca.gov/water_issues/programs/cannabis/

California Department of Fish and Wildlife:
https://www.wildlife.ca.gov/Conservation/Cannabis

County Specific Ordinances: http://www.counties.org/countycity-ordinances

Long Beach: http://www.longbeach.gov/finance/business-info/business-licenses/marijuana-business-information/

Adelanto: http://www.adelantoca.gov/202/Medical-Marijuana

Cathedral City: http://www.cathedralcity.gov/government/medical-cannabis

Palm Springs:

Desert Hot Springs: https://www.cityofdhs.org/Medical_Marijuana_Information

Santa Ana: http://www.ci.santa-ana.ca.us/cannabiscollectives/default.asp

Los Angeles: http://www.lacityattorney.org/medical-marijuana

Sacramento: http://www.cityofsacramento.org/marijuana

California City: http://www.californiacity-ca.gov/CC/Documents/Medical_Marijuana/Cal%20City%20Application%20Procedure.pdf

Definitions for the Cannabis and Medical Marijuana Industry:

Cultivation – Under California Business & Professions Code §19300.5(l) cultivation is defined as: any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

Nursery – Under California Business & Professions Code §19300.5(ab) a nursery is a specific type of license, defined as: a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of medical cannabis. Nurseries have different licenses than full scale cultivation operations.

Testing laboratory – Under California Business & Professions Code §19300.5(z) a testing laboratory is defined as: a facility, entity, or site in the state that offers or performs tests of medical cannabis or medical cannabis products and that is both of the following: (1) Accredited by an accrediting body that is independent from all other persons involved in the medical cannabis industry in the state; and (2) Registered with the State Department of Public Health.

Manufacturing – Under California Business & Professions Code §19300.5(ae) “Manufacturing” is defined as: raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product.

Distribution – Under California Business & Professions Code §19300.5(p) distribution is defined as: the procurement, sale, and transport of medical cannabis and medical cannabis products between entities licensed pursuant to California law.

Distributor – Under California Business & Professions Code §19300.5(q) distributor is defined as: a person licensed under this chapter to engage in the business of purchasing medical cannabis from a licensed cultivator, or medical cannabis products from a licensed manufacturer, for sale to a licensed dispensary.

Dispensaries – Under California Business & Professions Code §19300.5(n) dispensary is defined as: a facility where medical cannabis, medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers, pursuant to express authorization by local ordinance, medical cannabis and medical cannabis products as part of a retail sale.

Transport – Under California Business & Professions Code §19300.5(am) transport is defined as: the transfer of medical cannabis or medical cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized pursuant to California law.

Transporter – Under California Business & Professions Code §19300.5(aa) a transporter is defined as: a person issued a state license by the bureau to transport medical cannabis or medical cannabis products in an amount above a threshold determined by the bureau between facilities that have been issued a state license pursuant to California law.

Regulations and Resources for the Marijuana Industry: