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A Deep Dive into the Proposed Psilocybin Initiative in California

The legal landscape surrounding psychedelic substances is rapidly evolving, and one of the most notable developments is the proposed statutory initiative related to psilocybin in California. In this article, Mushroom lawyer, Damian Nassiri article delves into the key provisions of this initiative and what it means for residents and businesses in the state.

What’s on the Table? The proposed measure introduces several significant changes to the state law concerning psilocybin:

The popularity of Delta-8 in California and beyond has soared in recent years. However, the legality of the substance has been called into question, with 21 states restricting it or even banning it altogether as of April 2022, sparking outcry from companies, customers, manufacturers, and distributors. delta 8 legalization Los Angeles

In California, despite having some of the most liberal cannabis laws in the country, delta-8 is still regulated and restricted. State law regulates using, possessing, selling, distributing, or producing hemp and marijuana-derived delta-8 products – similar to the way it regulates high-THC marijuana. Unlicensed distributors (either online or with brick-and-mortar stores) aren’t allowed to sell any hemp-derived products (including Delta-8) with more than 0.3 percent THC. Licensed dispensaries, on the other hand, can. They can also sell delta-8 that is derived from marijuana. State law also regulates and restricts delta-10, THC-O and HHC products that contain more than 0.3% THC.

That said, back in may a federal appellate court in California held that delta-8 THC and other hemp-derived substances are legal under the 2018 Farm Bill. The U.S. Court of Appeals for the Ninth Circuit ruled this was true even if the products contained properties that were psychoactive.

The three justices unanimously held that goods made with delta-8 THC are legal under U.S. law. The Farm Bill establishes hemp as any part of the cannabis plant – including all cannibinoids, extracts, and derivatives – that contain less than 0.3 percent delta-9 THC by weight. However, the federal law says nothing about delta-8. The court said that while the wisdom of legalizing delta-8 products could be up for debate, it would not substitute its own policy judgment for that of the United States Congress. Continue reading

CBD business operators currently have a sizeable economic advantage when it comes to their high-THC cannabis/extract counterparts. Thanks to the 2018 Farm Bill, their operations are legal, (in many jurisdictions) lightly taxed, and available through online sales.California CBD business

But what will it mean for the CBD side of things when/if marijuana products of all (or at least higher) THC levels becomes legal? Specifically, we’re talking about legalization of recreational marijuana. Here in California, as well as in 17 other states, Washington, D.C. and Guam, that’s already the reality. Yet CBD businesses continue not only to operate, but to thrive.

Our CBD business lawyers recognize the retail landscape may inevitably shift once recreational marijuana becomes legal, but we also believe in the strong likelihood the two can co-exist. Not everyone wants high-THC products – specifically in the realm of pet products, beauty topicals,  and cosmetics. Plus, there are a fair number of people who aren’t heavy users of THC, but may still want to indulge occasionally in a way that is safe.

Recent analysis reveal that the legal recreational marijuana market dwarfs the CBD market – $50 billion to $8 billion. Still, neither sector’s size is anything to sneeze at.

In shops that sell high-THC cannabis products, CBD product sales have fallen in recent years (at least so far as California goes). But it’s our theory that when adult use recreational marijuana becomes legal, there will be an increase in sales for both – particularly in mature markets. Continue reading

Our California cannabis business attorneys know this is a field that this is an area of law that is constantly evolving. Case-in-point, two bills that could have a significant impact were advanced. One involves a bill now on the governor’s desk that allows for sales of hemp-derived CBD and ending prohibition on sales of smokable hemp products. The second, a measure to mandate hospitals allow medical marijuana use by certain patients, has advanced in the state legislature. marijuana laws California

Our dedicated cannabis lawyers in Los Angeles are committed to assisting marijuana and hemp farmers, producers, retailers, and ancillary firms navigate the changing legal landscape.

Hemp Regulations

The first, Assembly Bill 45, passed easily in both the state House and Senate. The measure is the result of years of advocacy to update the laws for hemp companies in California. Continue reading

A bill that would allow veterinarians to recommend cannabis products for pet is being considered by California lawmakers. Assembly Bill 384 is a follow-up to a law passed three years ago allowing veterinarians to discuss marijuana with pet owners without facing penalties. Numerous product, such as CBD-infused treats, capsules and oils, are now available for pet owner purchase. Vets can legally talk about them, but they can’t recommend them. canine cannabis

The bill reportedly has unanimous, bipartisan support in the Assembly Business and Professions Committee, and is supported not only by organizations like NORML but also the California Veterinary Medical Association.

As our Los Angeles cannabis business attorneys understand that animal owners are essentially being left in the dark about how much or what type of cannabis they should be giving their animals for various ailments. Veterinarians cannot discuss the possible impact of a certain product on a specific animal or offer a suggestion for how much would be a safe yet effective dose. Absent this guidance, pet owners are essentially left to their own devices and research to guess or rely on a cannabis dispensary clerk’s take, even though these individuals know noting about the effects on animals. Continue reading

Renewed hope of federal marijuana legalization in 2021 have been restored after several senators – including Senate Majority Leader Chuck Schumer – recently vowed to press forward with expansive legislation to end U.S. prohibition on cannabis. As our Los Angeles marijuana lawyers can explain, this is the next logical step given that so many states – including California – have already lifted prohibition (albeit to varying degrees). marijuana legalization

The reform that Schumer and other lawmakers are discussing would also have a restorative justice element for those previously convicted of marijuana-related offenses.

The failed “War on Drugs” has inevitably proved to be a war on people (namely, people and communities of color). Ending prohibition is essential, but it’s really just the start. Some of the damage can never be undone, but restorative justice measures that erase criminal records for non-violent marijuana-related offenses is necessary to begin turning the tide and helping the communities that have been decimated by these drug policies.

California’s marijuana banking and labeling laws were updated recently, with Gov. Gavin Newsome (D) signing off on several laws to enact a series of adjustments to the biggest legal cannabis system in the U.S. The governor said California marijuana businesses should will need to wait until next year for bigger changes. marijuana banking

The most significant changes in this latest series are to marijuana advertising and banking laws.

Governor Approves Marijuana Business Regulation Changes

As our Los Angeles marijuana business lawyers know, finding legal banking services is still a challenge for many cannabis companies. AB 1525 will have the effect of removing the state-level penalties against banks that provide services to operations that profit from marijuana sales. Continue reading

Applicants vying for a cannabis retail business license in L.A. say the first-come, first-serve process the city used was fundamentally flawed. The Social Equity Owners and Workers Association, along with one of its members, have filed a lawsuit that would compel the city to either consider all the licensing applications it received last fall or develop its own process that would offer an equal shot to all applicants.L.A. marijuana retail lawyer

As the Los Angeles Times reports, the latest round of cannabis retail business licensing took place in December, with the goal of issuing a total of 100 new licenses to social equity applicants.

The problem, according to the plaintiffs in this case, was that some applicants were given early access to the online application form, effectively pushing the rest of the applicants to the back of the line. Upon investigation, it appears internet speed was a factor in how quickly some applicants were able to submit their requests for consideration. The most disproportionately affected neighborhoods and individuals would be more prone to have slower internet speeds. Continue reading

marijuana lawyerCalifornia regulators, marijuana business owners and law enforcement arms must all up their games in fighting the illicit cannabis market, a new report says.

Just last week, the National Cannabis Industry Association (NCIA), the cannabis industry’s largest trade association,  issued a report urging all groups to do more in hopes of addressing the nation’s ongoing vaping health crisis.

The NCIA report looked closely at areas specifically intended to help legal cannabis business owners catch up with, and eventually outpace, illegal marijuana businesses. Those include:

  • Relaxing financial burdens weighing heavily on licensed operations — specifically lowering legal cannabis product taxes;
  • Applying procedures that better identify counterfeit cannabis products; and
  • Removing barriers currently making it difficult for unlicensed cannabis companies to join the legal market.

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pregnancy2-200x300A panel in California has declared that marijuana smoke and THC – the chemical within the drug responsible for producing the ‘high’ – pose a risk to women who are pregnant, as well as to their unborn babies. The move will require all legal cannabis products sold in California to carry warning labels, though changes will not begin for a year.

Scientists made up the nine-member panel, which formed the Development and Reproductive Toxicant Identification Committee, who considered the accuracy and reliability of a number of detailed research studies that investigated the effects of marijuana on people, fish, mice and rats.
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