As cannabis growers and retailers struggle with the complex and onerous regulatory scheme governing California’s emerging legal marijuana marketplace, they may be excused for overlooking the requirements of California Safe Drinking Water and Toxic Enforcement Act of 1986—more commonly known as Proposition 65.  Neither the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), nor its implementing regulations, reference or suggest that cannabis growers or retailers are subject to Proposition 65.  Yet, Proposition 65 plainly applies to cannabis and cannabis products, and ignorance of its requirements can prove costly to fledgling and established cannabis businesses alike.
Continue Reading Proposition 65: Yet Another Challenge for California Cannabis Businesses to Bend Their Minds Around

With just under four weeks until Election Day, the push to legalize medical marijuana in Utah continues to progress. After years of failed efforts in the state legislature, the issue is being presented directly to voters by way of Utah Proposition 2, the Medical Marijuana Initiative. If the referendum passes, it will legalize medical cannabis for individuals with qualifying conditions. Eligible conditions include autoimmune diseases, Alzheimer’s, cancer, and chronic pain where the patient is unable to use opiates, among several other ailments.
Continue Reading Give and Toke: Utah Reaches Compromise Agreement on Proposed Medical Marijuana Policy

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

The latest entry in our “politicians now supporting marijuana” category is Rep. Pete Sessions (R-TX).  And no, he’s no relation to Attorney General Jeff Sessions.

The
Continue Reading The Week in Weed: September 14, 2018

If you’ll be at the OSBA Annual Midwest Labor and Employment Law Seminar on October 11, 2018 in Columbus, be sure to look for Christian Rowley and Jinouth Vasquez, who will be speaking on cannabis issues affecting employers and workplaces.

For more details, see here: https://yourosba.ohiobar.org/product/28351.

 
Continue Reading Cannabis Issues on the Agenda for the Ohio State Bar Association

California—already famous (or infamous) as a sanctuary in the immigration area—could soon become a sanctuary for medical marijuana users. A proposed bill would protect medical marijuana users from employment discrimination.
Continue Reading Into the Weeds: Will California Employment Law Protect Medical Marijuana Users?

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.
Continue Reading Beware: Marijuana Businesses Targeted With Product Labeling Violation Letters