On September 18, 2022, California Governor Gavin Newsom signed AB 2188, which will make it unlawful for California employers to rely on cannabis test results for employment purposes, unless in very narrow circumstances.

By including the law as an amendment to the Fair Employment and Housing Act (FEHA), the new law, which is effective January 1, 2024, essentially makes cannabis users a protected class in California.

Continue Reading California Employers See Most Cannabis Testing Go Up in Smoke

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

Nevada legalizes cannabis lounges.  California allows medical marijuana in hospitals.  Could Nebraska legalize medical marijuana in 2022?  And finally, we check in on Clint Eastwood’s continuing fight against bogus CBD advertising.

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If you’d like to open a cannabis lounge in
Continue Reading The Week in Weed: October 8, 2021

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

New York adds more members to its cannabis board.  California proposes new marijuana rules.  Cannabis may be on the 2022 ballot in Nebraska.  And finally, veterinarians in Nevada can now prescribe CBD to their patients.

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As we reported last
Continue Reading The Week in Weed: September 17, 2021

Seyfarth Synopsis: On June 1, 2021, the California State Senate passed Senate Bill 519 which calls for the legalization for non-commercial use of specific psychedelics. This Bill is the newest among the growing list of legalization efforts of psychedelics, this being a major momentum shift.

In the most recent news of the ongoing modern psychedelic revolution, the California State Senate
Continue Reading California State Senate Passes Psychedelic Legalization In Latest Wave of the New Psychedelic Revolution

Marijuana remains a Schedule I drug under the federal Controlled Substances Act. However, more and more states and localities are either enacting marijuana laws with express employment protections or resolving court cases in favor of marijuana users. Yet, more than a decade ago, the California Supreme Court held in Ross v. RagingWire Telecomm., Inc., that employers have the right
Continue Reading California (Yet Again) Considers Legislation Regulating Employer Consideration of Marijuana Use

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

Medical marijuana will be on the ballot in Nebraska.  We’ve got lots of news from California.  Florida has legalized medical marijuana edibles.  On the federal level, the MORE act will get a vote in the House.  There’s now CBD for elephants. 
Continue Reading The Week in Weed: September 4, 2020

THC, CBD, CBN…the Cannabis industry is quite familiar with acronyms. But it’s another nasty little four letters, TCPA, that are – or should be – on the top of mind for every dispensary, delivery service, CRM platform, and private equity holding company. This as the US Supreme Court decides what the byzantine 30-year-old law will look like following a landmark decision expected by the end of June or July.
Continue Reading Mass Texts: How the Cannabis Industry Must Deal with the Surge of TCPA Class Actions During Covid-19

The California State Bar Ethics Committee recently adopted Opinion No. 2020-202, which concludes that attorneys may ethically advise clients regarding compliance with California’s cannabis laws and assist them with conduct permitted under state law, despite the fact that the client’s conduct may be prohibited under federal law.

Regarding the scope of advice and assistance, the opinion states that such advice
Continue Reading California Ethics Committee Green Lights Advising Cannabis Clients

When we all sheltered in place in mid-March, social media accounts everywhere reflexively joked how marijuana use was about to skyrocket like wine consumption and On Demand streaming. True to form, recreational marijuana retailers in LA and several markets in the US where stores remained open saw an immediate spike in sales; there was a 159% increase in California over
Continue Reading To Live and Die in LA: Despite Increased Demand, Cannabis Retailers Still Fight for Life in Light of the Pandemic – Is Help on the Way?