It is widely known that California’s Governor Gavin Newsom has signed into law (and also rejected) a flurry of bills in recent weeks.  But what has been done in the cannabis space?  So glad you asked, because, indeed, Newsom has signed several bills impacting the cannabis industry, reflecting a focus on encouraging minority participation, encouraging

California’s AB 2069, a bill to require employers to accommodate medical cannabis users, recently failed to advance past committee.

We previously reported that the California legislature was considering AB 2069, the “Medical Cannabis Worker Protections Act,” a bill to amend the Fair Employment and Housing Act to require most employers to engage in the

The California Division of Occupational Safety and Health (DOSH) recently held advisory meetings on the Agency’s draft rules for the Marijuana/Cannabis Industry and for the Heat Illness Prevention in Indoor Places of Employment.  It is seeking public comments.
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The San Francisco District Attorney’s Office has announced that it will retroactively apply Proposition 64, which legalized the possession and recreational use of marijuana in California, to marijuana related misdemeanor and felony convictions dating back to 1975 with immediate effect.  As a result, over 3,000 misdemeanor convictions will be dismissed and sealed, and nearly 5,000 felony convictions will be reviewed and potentially reduced.
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California employers can still enforce their drug-free workplace policies and discharge employees who test positive for marijuana, despite the recreational marijuana laws that go into effect in January 2018.

On November 8, 2016, California voters enacted the Adult Use of Marijuana Act. Effective January 1, 2018, adults over the age of 21 can smoke marijuana recreationally. Health & Safety Code § 11362.1(a)(4). Marijuana, meanwhile, will remain legal for medical use by patients who have a physician’s recommendation, under California’s Compassionate Use Act of 1996. Health & Safety Code § 11362.5. So how will the new law affect employers?
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Seyfarth Synopsis: Marijuana businesses must properly label their products if they contain chemicals that can cause cancer, birth defects, or other reproductive health problems.  Failure to do so will result in a civil penalty or civil lawsuit.

Entrepreneurial Plaintiff’s attorneys have now set their sites on marijuana businesses.  Since January 1, 2017, Plaintiff’s firms have issued approximately 800 violation notice letters to marijuana businesses alleging that producers of cannabis infused edibles and vape cartridge manufacturers failed to warn consumers about specific fungicides and pesticides associated with their products.

California’s Proposition 65, or the Safe Drinking Water and Toxic Enforcement Act of 1986, requires cannabis business owners to provide customers with warning of the chemicals contained in their products which can cause cancer, birth defects, and other health problems.  Among the substances “known to the state of California” to cause cancer, birth defects and other health problems are marijuana smoke itself, and the chemicals myclobutanil (also a fungicide), carbaryl, and malathion, commonly-used pesticides.
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On June 15, 2017, California’s Occupational Safety and Health Standards Board adopted the advisory committee recommendation that there is no current need for industry-specific regulations related to the activities of facilities licensed under the Medical Cannabis Regulation and Safety Act. But while the decision is good news for the industry, the findings leading to the recommendation reveal that the medical marijuana industry as a whole lacks a basic understanding of the rules that govern it and its obligations under them.
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Recently, the San Francisco Chronicle published an interesting story examining two fronts on which labor unions are trying to cash in on the passage of Prop 64 in November 2016, which legalized the sale and personal use of recreational marijuana in California. With its passing, California is poised to become the largest, most lucrative market for marijuana products in the United States (assuming the successes of craft beer and fine wines are fair markers). Nearly six months later, the industry is in its infancy with much to be decided on cannabis’ regulation.
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Seyfarth Synopsis: California lawmakers are struggling to implement the regulations necessary to govern the sale of recreational marijuana, which is causing much uncertainty among businesses and local governments.

California voters passed the Adult Use Marijuana Act (“AUMA”) in November, but State officials are still struggling to figure out exactly how they will regulate the sale of marijuana for recreational use.
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Golden State voters trail-blazed the way for the legalized use and sale of marijuana on November 8, 2016. The California Marijuana Legalization Initiative, known as Proposition 64, was welcomed with open arms (and maybe a little cotton mouth) by the nation’s largest economy with a vote of 56% in favor of the law.
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