Drafting CA’s Permanent Cannabis Laws

cannabis

It’s been almost two years since cannabis was legalized for recreational use in California – and the business, economic and legal implications are profound.

Last Friday, California regulators published the first draft of permanent adult-use and medical cannabis laws.

This kicks off the process of hearings and public comment that will conclude at the end of 2018 with a final set of regulations governing the emerging industry.

Proposed laws fill the 315-page document, sent out by the Bureau of Cannabis Control, the Department of Food and Agriculture, and the Department of Public Health.

A few permanent regulations proposed in the document include:

  • Allowing licensed marijuana deliveries in any city or county in CA
  • Expanded restrictions on marijuana advertising which may appeal to children
  • Requiring marijuana event hosts to be more explicit about where:
    • licensed retailers will be set up
    • attendees can smoke or consume cannabis
    • sales will occur

Lori Ajax, chief of the Bureau of Cannabis Control, said, “The regulations we now propose include changes that make it easier for businesses to operate and strengthen public health and safety policies.” State agencies will hold ten public meetings around California through August to collect public comments on the proposed permanent laws. Comments may also be submitted by letter or email.

At our upcoming Recreational and Medical Marijuana Law and Business in California conference on November 1st-2nd, we’ll go in-depth on a variety of issues in this burgeoning industry for attorneys, investors and business operators. For those who serve clients in the cannabis industry and those attorneys who want to move into this space, our program will help you navigate the rules, regulations, and legal ramifications of legalized marijuana in California (and federal issues affecting the state’s cannabis industry as well). For investors and business people in the market (or thinking about entering the market) what do you need to know? What are the difficulties businesses face – from retail to growing and distribution? By the end of our conference you will be well-versed in most of the critical legal, business, and investment-related aspects of this rapidly expanding industry.

Dynamex Operations West v. Superior Court

Dynamex

Dynamex Operations West v. Superior Court is the newest development in the debate regarding workers being classified as independent contractors or employees.

We found this article Stinson Leonard Street LLP attorney Javier Torres posted on Lexology and wanted to pass it along:

The California Supreme Court recently issued its long-awaited decision in Dynamex Operations West v. Superior Court, which establishes a new standard for determining if a worker is properly classified as an employee or as an independent contractor. The court maintained that all workers are assumed to be employees, and that companies must prove that hired independent contractors are correctly classified under the new ABC standard:

“A. The worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract and in fact.

B. The worker performs work that is outside the usual course of the hiring entity’s business.

C. The worker is customarily engaged in an independently established trade, occupation or business of the same nature as that involved in the work performed.”

The Dynamex decision will have lasting effects on California companies using independent contractors.

Ian Samson and Paul Traina are our latest Featured Speakers!

Our latest Featured Speakers are Ian Samson and Paul Traina of Stalwart Law Group!

Ian Samson is an experienced litigator and trial lawyer who will speak at our upcoming Mastering the Deposition seminar in Los Angeles, on February 23rd, 2018.

Ian first spoke for us back in 2016 for Federal Court Boot Camp and has been a repeat speaker for both federal and superior court boot camps since. Seminar attendees rave about his insight, clear examples, and knowledgeability.

Ian represents clients in catastrophic injury matters, whistleblower litigation, class actions, professional liability cases, and commercial litigation. Innovative, tireless, and always willing to go the extra mile for his clients, he has gone toe-to-toe with some of the most highly-regarded law firms in the nation.

Equally comfortable arguing a specific point of law to a federal court judge as he is explaining the big picture to a state court jury, he uses every aspect of his experience to get the best possible result for his clients. Ian is a member of the Consumer Attorneys Association of Los Angeles, Consumer Attorneys of California, and Public Justice.

And Paul Traina, an experienced, fiercely competitive litigator and trial lawyer, will also speak at our upcoming Mastering the Deposition seminar.

Paul first spoke for us a while back at our Wage & Hour Class Action seminar, and has returned to speak at many of our litigation related seminars year after year, due to his great evaluations.

Paul has practiced law for the past 25 years. He spent his first five years representing automobile manufacturers and insurance companies, and the last twenty years representing consumers on a pure contingency basis. Paul has obtained verdicts and recoveries for his clients totaling over 3 billion dollars. He has, and continues to represent clients in matters involving catastrophic injuries, defective products, whistleblower litigation, class actions, professional liability cases, and business/commercial litigation.

Paul is a frequent guest lecturer at Loyola Law School’s Trial Advocacy Class. He has lectured around the country about class actions, conflicts of interest, opening and closing arguments, and direct and cross examinations of both lay and expert witnesses. Paul is a member of the Consumer Attorneys Association of Los Angeles and Consumer Attorneys of California.

The New Pot Com.

As most everyone in California knows, beginning January 1, recreational marijuana is available for purchase by anyone 21 years or older.

According to The Recorder, a study from the University of California Agricultural Issues Center at UC Davis, estimated the state’s recreational marijuana sales could reach $5 billion a year, though other studies are estimating $100,000 million for the first year. Either way – it is going to be a huge economic boom. We’re calling it the new Pot Com.

Companies are also prepping for the inevitable regulations that will come with legalized marijuana and marijuana is about to become big business. That comes with large legal departments and legal services provided by attorneys at all sizes of firms and in a variety of legal specialties, as we have said before.

You can get the latest story from The Recorder here.

Also, if you are interested in learning more about the legal aspects of the cannabis industry, be sure to check out our recorded seminar Marijuana Law and Practice 101 held in California in 2017.

California Bar Exam Results July 2017

California Bar Exam Results

Nearly half of all prospective lawyers who took the California Bar Exam in July passed this year. 49.6% of test-takers passed the exam, up from 43% last year, which was the lowest pass rate in about 30 years, according to The Recorder. 62% of first-time applicants and 28% of repeat applicants passed the exam.

In total, 8,545 people took the exam and 63.2% were first-time applicants. The July 2017 exam was the first time the test has been administered in a two-day format. Exams are held in February and July each year.

A pass list from the exam was published on the CA Bar’s website yesterday. More detailed statistics about examination results will be available in approximately three weeks. If you’d like more information about the passage rates and statistics of this year’s exam, please CLICK HERE to see the published results from the California Bar.

Congratulations to the 4,236 applicants who passed the exam this year!!

 

Cannabis Regulation in California

January 1st will mark the first day of legal adult use of recreational cannabis in California.  With an Instagram account and new website the Bureau of Cannabis Control in California will re-focus its purpose from regulating the medical industry to regulating the legal market for adult use.  Read more from The Recorder here.

With changing laws and regulations in California, and across the nation, it is more important than ever to stay up to date on the expanding area of law.  Recently, we held a cannabis law program in California which focused on advising clients in the new legal marijuana industry.  This program is currently available as an audio program.  You can find more information or purchase that here.

The State Bar leaves it up to the Supreme Court to decide on reducing the score on bar exam

A few days ago we posted a blog about the possibility of the California State Bar lowering the minimum passing score on the California Bar Exam.  Now it looks like they have shifted the decision to the California Supreme Court to handle.

The California State Bar committee, which includes deans from several law schools in the state, have offered the justices a range of choices on the topic from leaving the score as is – 144 – to lowering it to 139.

A Bar commissioned study came to the conclusion that the score could be lowered to 141 and still ensure that those who have passed will have the minimum standards of competency to practice law. This is still a hotly issued debate and the California Supreme Court has not made any comment on the topic.

Read the full story from The Recorder here.

 

California Bar Committee Endorses Lowering Exam Pass Score

Currently the score for a “pass” on the California State Bar exam is 144 but a California State Bar committee, which included deans from many California law schools, recommended that it be lowered to 135.  The Law School Counsel, which includes many California law school officials and California State Bar Examiners, also endorsed lowering the score.

135 is the most common cut score in other states.  Many deans feel that the higher pass score in California puts California test takers at a disadvantage compared to students in other states, while others argue that the higher pass score produces top-notch attorneys who are more likely to adhere to ethical guidelines.

You can read more from The Recorder here.

Commission Confirms Three Calif. State Appeals Judges

Three California State Appellate judges were appointed to the bench by Gov. Jerry Brown and confirmed  February 9th.  San Diego Superior Court Judge Willilam Dato and Riverside County Superior Court Judge Richard Fields were approved to and are now on the Fourth District Court of Appeals.  Judge Kathleen Meehan of Fresno County Superior Court was appointed to the Fifth District Court of Appeals.  Read more here from The Recorder.