Background Under Section 26063 of the Business and Professions Code, The Medical and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), requires that the CDFA Cultivation Licensing Division, also known as CalCannabis:

• Forms standards that allow licensed cannabis growers to elect a county of origin for their cannabis; and
• Establishes a process that licensed cannabis growers can use to establish appellations.

The department has until January 1, 2021 to form the process of appellations of origin. In order to meet this statutory obligation and to fulfill MAUCRSA mandated responsibilities, the department has created what is now know as, the Cannabis Appellations Program (CAP).

Back in 2018, to kick start the gathering of input and feedback from industry stakeholders, the CDFA hosted six public participation sessions right across the state. During each session, the members of the public were given time to contribute their thoughts. And as CAP has continued to develop, the department has also kept lines open with industry experts and associates, throughout.

What is an appellation of origin? An appellation of origin is a description that both distinguishes and protects the place in which a product originated, as well as the process by which that product was made.

There are two major aims of the CDFA’s Cannabis Appellations Program:

• To promote cannabis products and local businesses within a particular region; and
• To improve overall consumer confidence, achieved via offering assurances related to a cannabis’ specific traits, quality and place of origin.

Once complete, the process should clearly outline all practices, standards and specific cannabis varieties produced by selective breeding in select areas of California.

What changes are being proposed? Within Title 3 of the California Code of Regulations, the CDFA has suggested the state amends Chapter 1 and adopts Chapter 2. These changes aim to establish a protocol for creating cannabis appellations of origin, as well as add clarity for cultivators on how they can use the county of origin to help promote their products.

Our Orange County marijuana business lawyers also encourage anyone within the cannabis community to share their comments on the proposed regulations. They can do so either:

• Via email to CDFA.CalCannabis_Appellations@cdfa.ca.gov;
• Verbally or in writing during the public hearing Tuesday, April14, 2020 from 1-3pm at 1220 N Street, Sacramento, CA, in the CDFA Auditorium; or
• By mail to the California Department of Food and Agriculture, Attn: Kristi Armstrong, CalCannabis Cultivation Licensing, Proposed Appellations Regulations, P.O. Box 942871, Sacramento, CA, 94271.

Implications Following concern surrounding product safety that emerged amid the vaping crisis last summer, consumers have rightfully become increasingly concerned about product quality. By establishing a process within the system that clearly signals to consumers where cannabis is grown, and how it was cultivated in any one particular area, will certainly bring an added level of consumer confidence. Initiatives such as these are big positives for licensed cannabis growers and sellers across the board. The Los Angeles CANNABIS LAW Group represents growers, dispensaries, ancillary companies, patients, doctors and those facing marijuana charges. Call us at 949-375-4734. Additional Resources: The Medical and Adult-Use Cannabis Regulation and Safety Act

Our Los Angeles marijuana lawyers know this is largely thanks to the fact that with legalization came a flood of state and local taxation. The drug is taxed at virtually every stage – from seed to sale – making it difficult if not impossible for patients to access the drug at lower costs as they once did. Marijuana is taxed largely the same whether it’s donated for medicinal use or sold for profit. The markup can be as much as 40 percent.

Patients who have relied on cannabis as a daily use medicinal said the prices have resulted in the plant being out of reach. Some point to this as yet another piece of the puzzle as to why the black market thrives. Low-income patients, veterans and others face buying illegal stock or else going without altogether. Some providers who were once paying $10-per-patient suddenly were suddenly paying $100-a-patient after Prop. 64.

SB-34, signed by Gov. Gavin Newsom earlier this year, is an attempt to rectify this problem.

This law will remove the cultivation, retail and excise taxes on cannabis that is donated via still-existing compassionate care programs. This means that some of the groups that significantly curbed or stopped entirely their charitable missions post-Prop. 64 are now considering kicking them back into gear in 2020. Those include groups who specifically banded together to help veterans, AIDS patients and those suffering from various cancers.

Patients would still need a doctor’s recommendation and/or diagnosis and proof of low income to qualify for free cannabis.

Still, some aren’t sure if it’s truly feasible, especially if they have to pay thousands or tens of thousands of dollars to become licensed distributors. Some licensed marijuana businesses are exploring adding the option to existing operations. Other small non-profits are exploring the legalities of partnering with groups of smaller marijuana farms to generate profits from other sales that could be rolled into cannabis relief for certain patients in need, such as veterans.

You might recall the original purpose of the Compassionate Use Act had been to secure access to medicinal cannabis for patients ailing from serious conditions like AIDS, cancer, PTSD, glaucoma and others. Significant costs associated with procuring the crop, however, was always a concern. It just happens to be at a premium now in California, and it’s still not something health insurance plans will cover, given the fact that marijuana remains a federally prohibited crop per the U.S. Controlled Substances Act.

Cannabis has been shown to alleviate some patients’ pain, and without the danger posed by powerfully addictive narcotics like opiates. It also helps spur appetite, a benefit some cancer patients have credited with saving their lives when their will to eat was all but decimated by heavy pharmaceuticals.

Any non-profit or marijuana business considering this kind of operation should consult with an experienced Los Angeles marijuana attorney.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, ancillary companies, patients, doctors and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

California Attempts To Revive Compassionate Cannabis Programs, Dec. 20, 2019, Kaiser Health News

Workplace cannabis lawyers know this contradicts some of the many arguments employers, Chambers of Commerce and other business advocacy groups have made as medicinal and marijuana is becoming increasingly state-legal. Their position was that because marijuana has the potential to impair one’s cognitive and motor function, legalization may cause more an uptick in people using it at work, which in turn would result in higher on-the-job accidents and injuries.

Now, we’re seeing that in fact the opposite is true.

Cannabis Law and Workplace Injuries

Last year, a study published by the International Journal of Drug Policy, found that workplace injuries fell nationally overall between 1992 and 2015 – but most notably in states states where employees also would have had access to medical marijuana.

States like California that had legal cannabis laws saw workplace deaths tumble by 19.5 percent among workers 25 to 44. The more time passed in these states, the more state marijuana laws became settled, the more deaths fell. Where a state had a medical marijuana law in place for at least five years, deadly workplace accidents plummeted to nearly 34 percent.

This would indicate, despite earlier concern, that medical marijuana meant job sites were safer – not more dangerous – when medical marijuana was available to workers. Although marijuana impairment isn’t considered safe for people to use while they’re working (especially when jobs require potentially dangerous takes that require one remain alert and responsive at all times), it is less addictive and there is virtually no risk of overdose. Such issues are commonplace with alcohol and certain prescription medications which, some workers may use to self-medicate if they’re already injured.

A Different Motive for Insisting Workers Steer Clear of Cannabis

In states that have passed marijuana legalization laws, employers – citing federal law as well as concern for workplace safety – have fought vigorously to retain the right to discriminate against applicants and employees who admitted or tested positive for cannabis.

Although it’s true an increasing number of employers in California are choosing to overlook the marijuana use of prospective and existing employees (marijuana use being so pervasive that to eliminate someone on that basis would limit the pool of qualified candidates and workers from which to choose), many still hold tight to their right to make the call solely on that basis.

Some who do so may not even use it systematically (though must apply it equitably or face a workplace discrimination lawsuit), having the power to do so gives companies the upper hand. It can create an excuse to fire someone when there is no other just cause, be grounds to turn down a candidate for which the company had no other justified reason and it might give the company ammunition in the event of a work injury claim.

However, now that data exists showing how much potential impact these laws have in reducing workplace injuries (which saves companies loads of money in terms of workers’ compensation insurance and other liabilities), we may see more employers’ tone shift.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, ancillary companies, patients, doctors and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Workplace Deaths Fell 34% After Medical Cannabis Legalization, May 29, 2019, Dr. Emily Earlenbaugh, Leafly

This has led to all sorts of injustices. Historically, it’s been military policy to exclude from entrance any individual who previously used marijuana as a civilian. In recent years, waivers for “past misconduct” have risen, and are expected to continue rising. Just last year, for instance, the Military Times reported a Vietnam War veteran and head of a military school in Florida was terminated for using medical marijuana extract to treat cancer.

Now, Congressional leaders have filed twin bills in the House and Senate to change federal law that would allow U.S. veterans who abide by state medical marijuana laws to avoid federal intervention and would allow doctors with the Department of Veterans Affairs to issue medical marijuana recommendations to their patients. The Veterans Medical Marijuana Safe Harbor Act, sponsored by U.S. Senate Democrats from California and Hawaii, notes that the drug is legal in 33 states and that medical marijuana can be used to treat chronic pain without the use of dangerous and highly addictive opiates. The sponsor of the House version of the bill said in a statement, “it’s past time to end the anti-science, anti-health cannabis prohibition laws that prevent veterans from accessing health care.”

Our Los Angeles medical marijuana lawyers also believe that veterans and their doctors should be allowed to make health care decisions that are informed – without political interference.

This legislation, if passed, would also require the VA to initiate a study of the impact of medical marijuana on veterans suffering from pain, and the relationship between treatment programs involving medical marijuana to treat the chronic pain of veterans in states where it’s legal, how many veterans have access to those programs The proposal would allocate $15 million to support this research.

These measures are virtually identical to the legislation proposed last year in the Senate, but this year, it adds protection for medical marijuana policies of Native American tribes as well as in states where the drug is legal.

Sponsors note that states like California that allow medical marijuana have nearly 25 percent fewer opiod overdoses compared to those states with tight restrictions that do not allow medical marijuana. The provisions in the law that would shield veteran patients and their physicians would sunset after a period of five years, after which it would require renewal.

As longtime Los Angeles medical marijuana attorneys, we know veterans have increasingly been turning to marijuana as medicine to treat some of the conditions most common among combat soldiers.

Republican-controlled House and Senate majorities in recent years have blocked legislation that would lift or at least loosen federal restrictions on marijuana, considered a Schedule I narcotic under the Controlled Substances Act. Increasing evidence indicates overwhelming support for medical marijuana at all ends of the political spectrum.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Lawmakers File Bills To Legalize Medical Marijuana For Military Veterans, Feb. 13, 2019, By Tom Angell, Marijuana Moment

More Blog Entries:

Cannabis Copyright in California: Protecting Your Budding Brand, Feb. 12, 2019, California Veterans Marijuana Attorney Blog