When Laws Conflict: What Ethics Rule Applies to a California Lawyer Advising On Cannabis?
By: Greg Fayard
It goes without saying that a lawyer—from California or elsewhere—shall not counsel a client to do something illegal.
But what about a state law that conflicts with a federal law? For example, federal laws that criminalize the …
The Cannabis Industry Takes Another Step Towards Mainstream
By: David Molinari
In 1996, the People of the State of California first passed an initiative to legalize medicinal cannabis. The legislature toyed with drafting the statutory framework regulating the medical cannabis industry. Finally, in 2014 the first “legal” medicinal …
Pass That Dutch: California Insurers Respond to Budding Cannabis Industry
By: Kristin Ingulsrud
California Insurance Commissioner Dave Jones announced on June 4, 2018 his approval of the Cannabis Business Owners Policy (CannaBOP) in California. The new CannaBOP program was designed for cannabis dispensaries, storage facilities, processors, manufacturers, distributors, and other …
A Millennial Gig
By: David M. Daniels
With Contribution By: Jason C. Dineros
The Obama Administration’s federal enforcement relaxations for marijuana use in 2013, brought with it the development of a viable market industry from what was previously looked upon as taboo—akin to …
Puff, Puff, Veto!
By: Jason C. Dineros
This past Thursday, Attorney General Jeff Sessions rescinded the Obama-era’s relaxations for federal prosecutors of marijuana enforcement. This comes only four days into California’s open recreational use market, and potentially halts what has grown into a …
Legalization of Medical Marijuana Presents Unique Challenges to Employers
By: Joshua M. Lott
There is no comprehensive federal law that regulates drug testing of employees in the private sector, except particular employees in specific industries such as transportation. As a result, many states have enacted legislation regulating when, why, …