Dale Schafer Law News – 5/19/22 – Law Office of Dale Schafer

#cannabisbanking – “The letter doesn’t specifically endorse the Secure and Fair Enforcement (SAFE) Banking Act—which is a major component of a debate playing out in a bicameral conference committee where lawmakers are seeking to attach the legislation’s language to a large-scale manufacturing bill. But it does say that the “lack of safe banking and financial services for the cannabis industry and for those indirectly involved in cannabis marketplaces has become a dire public safety issue.”
“Virtually all our member states and territories have been negatively impacted by the lack of available financial and banking services for cannabis businesses and those working with the cannabis industry,” it says.”

#californiacannabis – “The Woodland City Council conducted a public hearing Tuesday to determine whether to amend the city’s zoning code to allow for cannabis retail use….
The city currently allows up to six commercial cannabis conditional use permits in the industrial districts for cannabis manufacturing, distribution and testing, according to the report. Proposed amendments will establish standards for the review and approval of retail cannabis uses….
Additionally, the council adopted a resolution to update regulatory permit fees related to cannabis businesses….
Proposed renewal fees for dispensaries would include a $19,621 annual fee — the highest out of all the cannabis uses permitted in the city…..
The council voted 3-1 to adopt the resolution updating the city’s regulatory permit fees related to cannabis businesses and directing city staff to return to the council with a proposed ballot measure for the Nov. 8 election to establish a cannabis business tax in Woodland.”

#cannabisindustry – “Failure to include marijuana-specific language to leases may result in one or both of the parties being locked into a lease that inadvertently violates state marijuana law and may result in regulatory enforcement actions or criminal charges against a party….
Landlord’s right of entry clauses are formulaic and usually require the landlord to provide reasonable notice, for the entry to occur during a reasonable time of day, and only to occur under reasonable conditions. In the context of a marijuana business tenant, these terms and conditions may conflict with state marijuana regulatory rules regarding a non-marijuana licensee’s unauthorized access to restricted marijuana licensed premises….
Another critical component to a marijuana commercial lease is the ability for landlord and tenant to modify the lease to the minimum extent necessary in the event a regulatory authority identifies any issues with the lease that may result in lease rejection. Despite the parties’ best efforts, this may happen, and they would need to have a provision in place to address this issue without having to resort to termination of the lease.”

Please don’t forget that if your Distribution vehicles are required to have Motor Carrier Permits, they are still technically held to the same standards.
#cannabisdistribution – “At worst, if a driver fails just one drug test, that can be grounds for termination under DOT regulations. At best, they are temporarily taken off the road and required to complete an evaluation with a substance misuse professional who determines their rehabilitation process, which can sometimes take months.
As of January 2020, employers are also required to list commercial drivers who fail a drug test in the FMCSA’s Drug & Alcohol Clearinghouse. These violations remain searchable for five years. Potential employers are also required to check the Clearinghouse to see if a commercial driver had any previous violations, which would prevent them from being hired.”

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