ARTICLE
29 October 2019

Higher Laws — What's New On The Legislative Front For Cannabis Businesses

SS
Seyfarth Shaw LLP

Contributor

With more than 975 lawyers across 17 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity. Whether navigating complex litigation, negotiating transformational deals, or advising on cross-border projects, our attorneys achieve exceptional legal outcomes. Our drive for excellence leads us to seek out better ways to work with our clients and each other. We have been first-to-market on many legal service delivery innovations-and we continue to break new ground with our clients every day. This long history of excellence and innovation has created a culture with a sense of purpose and belonging for all. In turn, our culture drives our commitment to the growth of our clients, the diversity of our people, and the resilience of our workforce.
It is widely known that California's Governor Gavin Newsom has signed into law (and also rejected) a flurry of bills in recent weeks.
United States Food, Drugs, Healthcare, Life Sciences

It is widely known that California's Governor Gavin Newsom has signed into law (and also rejected) a flurry of bills in recent weeks. But what has been done in the cannabis space? So glad you asked, because, indeed, Newsom has signed several bills impacting the cannabis industry, reflecting a focus on encouraging minority participation, encouraging union membership, and clarifying select existing regulations.

How is this accomplished?

For starters, Senate Bill (SB) 595, which provides some relief from licensing fees for needs-based applicants, is meant to facilitate minority owned businesses.

Assembly Bill (AB) 1529, an urgency statute co-sponsored by the California Cannabis Industry Association, modifies the labeling requirements on vaporizer cartridges. It facilitates compliance with the requirements by making some practical modifications to the labeling specifications.

AB 1291, which requires a labor peace agreement for all businesses with 20 or more employees, is designed to facilitate union protections for cannabis industry workers, as well as protections from strikes and other disruption for businesses. The new law provides "teeth," imposing strict timelines under threat of loss of marijuana business license. "Unions were a big part of the legalization push in California and several other states, giving them leverage to push for peace agreement requirements," Seyfarth Shaw attorney Jinouth Vasquez Santos is quoted as saying in Law 360. It will be interesting to see how, in light of AB 5's near prohibition of independent contractors in California, businesses might try to avoid hiring "employees."

AB 858 clarifies requirements for "specialty cottage" growers.

Finally, SB 34 allows retailers to provide free products to qualifying medical patients, a practice that was common until the 2018 regulations went into effect.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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