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Canna Law Blog

Oregon Marijuana And The Local Rules: NOW Is The Time To Get It Right

Cannabis rule-making in Oregon is all local right now as the state’s cities and counties consider the relationship they wish to have with Oregon’s newest crop. We have written about some of these local developments here, here, here, here and here. At times it seems like everything is happening everywhere all at once and none

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Canna Law Blog

North Las Vegas Finalizes its Local Marijuana Rules

In keeping with a municipal-control trend in Nevada, the City of North Las Vegas recently finalized and released its local medical marijuana rules, and those rules are just as onerous as the ones we saw in the City of Las Vegas. Many people are learning the hard way that in a state like Nevada, where

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Canna Law Blog

The California Department of Cannabis Control is Now Live

This week, Governor Newsom took a major step in reforming California’s (pretty tortured) cannabis licensing program by signing into law Assembly Bill 141, which generally consolidates all cannabis licensing and oversight into the Department of Cannabis Control (“DCC”). In our view, centralizing all licensing and regulatory oversight into a single agency in California is a

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Canna Law Blog

California Intellectual Property Licensing: Our Comments to the Bureau of Cannabis Control

As we’ve been blogging about for the last couple of weeks, the Bureau of Cannabis Control (BCC) recently released modifications to the proposed regulations for cannabis licensees, one of which effectively prohibits all licensing, white labeling and manufacturing agreements between two parties where one of those parties is not a licensed cannabis business. In our

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Canna Law Blog

California Cannabis Legalization: CEQA and the Limitations of Local Zoning Authority

As we’ve discussed time and time again, California’s voter-passed cannabis legalization initiative, as well as all subsequent statutory and regulatory additions to that law, maintains local governments as the ultimate arbiters of whether and how commercial cannabis operations can take place within any given county or municipality in the state. The most prominent exercise of

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Canna Law Blog

Oregon Marijuana and the Local Option — It’s Alive

When HB 3400 passed, I wrote that Oregon’s new recreational marijuana law looks pretty good for anyone living west of the Cascades. That is because the bill famously allows any city or county in Oregon to ban commercial marijuana activity only if 55 percent or more of the county’s voters opposed Measure 91 for marijuana

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Canna Law Blog

Oregon Cannabis: Using the Initiative Process to Legalize Local Marijuana Businesses

Oregon successfully legalized the use, sale, processing, and production of recreational marijuana in 2014 through the initiative process. The initiative process is a method of direct democracy that allows people to propose laws outside of the normal legislative process. Oregon’s marijuana statute (ORS 475B) allows cities and counties to “opt-out” of commercial recreational marijuana. In other

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Canna Law Blog

The Southern Oregon Marijuana Initiative

The regulation of state-legal cannabis differs from any other commodity. One of the more interesting and consequential differences is the degree of autonomy and control that states tend to give local jurisdictions (cities and counties) with respect to commercial cannabis activity. Local jurisdictions are often allowed to tax cannabis sales, for example; to license marijuana

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Canna Law Blog

ICYMI: Los Angeles Amends Local Commercial Cannabis Regulations

It’s no secret that the City of Los Angeles has struggled with implementing its commercial cannabis program under the Medicinal and Adult-Use Cannabis Act (“MAUCRSA“). The licensing of existing medical marijuana dispensaries (“EMMDs”) under Measure M has been a slow and opaque process, but Los Angeles is committed to the success of its cannabis program