Anthony Law Group

If DCC suspends, reviews, or revokes your California provisional cannabis business licenseor denies your annual application and cancels your provisionalfight back. Revocation or cancellation without PRIOR notice AND an administrative appeal hearing is unconstitutional. The courts are consistently checking this governmental abuse of powerthat’s their job. When you push back through the courts, DCC will cut a deal and restore your provisional license. And we can maintain the jurisdiction of the court through the issuance of the annual license so that they don’t try it again. https://mjbizdaily.com/more-california-marijuana-companies/

BCC's Tamara Colson is up at 10:00 am. All are welcome (even lawyers--jk). I'm on Monday at 11:15 am with Hannah Nelson and Pamela Epstein discussing Local Issues; CEQA; Due Process... and again Wednesday at 11:15 am with Lauren A. Vazquez and Ariel Clark discussing Social Equity Issues...

While this case is settled, neither party admitted any issues of fact or law. So the question of whether provisional licensees get notice and administrative appeal hearing before revocation ("due process") remains officially unanswered. BCC says, no they don't because the Business & Professions Code says so. (Section 26050.2.) James Anthony and other advocates say, of course they do because both the US and the California Constitutions say that the government cannot take you...r property without due process of law--and a provisional license is property under the circumstances. 4 years into the process, the licensing agencies (BCC, CDFA, DPH) have processed less than 20% of the applications into "annual" (permanent) licenses--1,600--which the government admits are property). The other 8,000+ active operating licenses are "provisional"--even though they represent billions and billions of dollars worth of vibrant operating businesses, almost the entire California industry. The agencies are paper tigers. Any provisional revocation is subject to judicial review by an independent court: a judge who does not work for the governor like the agencies, and was not created by the legislature like the agencies (courts are created by the constitution). So be ready to go to court if your provisional is revoked. And get organized to talk with the legislature about due process--separate from SB 59 which is only about keeping the provisionals going at all (which would be good so you have something to get some due process for!) https://mjbizdaily.com/california-marijuana-testing-lab-//

Political Survival Priorities for California Cannabis: 1) Pass SB 59 and extend the 8,000 existing provisional licenses. The legislature doesn't really get it and the governor is distracted--don't confuse them, just tell them to extend the provisionals by passing SB 59, or it all falls apart. 2) Come up with a (preferably administrative) industry-wide CEQA compliance plan with the DCC (once formed through consolidation). CEQA is the sleeping tiger that is the next survival th...reat to legal cannabis. 3) Handle the "due process for provisionals" case-by-case through the courts (we're winning--the current case settled today, and more are coming through) or through the legislature in a separate bill. Do not sabotage SB 59 with this issue--it will take care of itself, but first you have to even have a provisional, then we will get you due process. The government will not just give us anything--we have to be strategic. https://mjbizdaily.com/california-provisional-marijuana-li/

The issue of property rights in, and due process of law for, California "provisional" cannabis licenses is not going away--not until the courts or the legislature fixes it. The Constitutions of both the state and the US guarantee due process to protect property from government deprivation. The cannot just take your license without a hearing. https://mjbizdaily.com/california-judge-rules-shuttered-ca/

This article gives you a good overview of the history of cannabis robberies in Oakland and some recent details. Just so you have a clear picture of what Oakland is like when it is fully out of control. Especially look at the link to the OPD videos. https://oaklandside.org//roaming-in-caravans-swarms-of-bu/

I don't see this court ruling "upholding" the state reg allowing delivery throughout the state as any kind of victory for universal safe licensed retail access.... Because it also "upholds" the right of local government to pass bans on delivery and prohibit it under local law. It's a great day for the underground market though. Way to go California on making cannabis legalization about as dysfunctional as possible. Oh well, lifetime employment for lawyers and local government lobbyists (hey that's me!) helping to make it work as well as can be. For now.

REGARDING PEOPLE ROBBING OAKLAND CANNABIS BUSINESSES THE LAST TWO NIGHTS: "They're smart, they're professional and they're organized," said James Anthony, an attorney who represents the cannabis industry. He said roving carloads of burglars targeting marijuana businesses most likely thought they could take advantage of Election Day, believing police would be focused elsewhere. But Anthony said dispensaries had been warned days ago about such tactics, and police were on high ...alert. "Hopefully, they will realize that it's not like the good-old-days when you just broke in and took whatever you want and left, and nobody bothered you and there was no resistance and no police response," Anthony said. "That's done. It's over." https://www.ktvu.com//opd-investigate-multiple-shootings-s

Oakland cannabis businesses have the right to defend themselves, their physical safety, their life savings, their employees' livelihoods, their neighbors' physical safety, and their communities. They will not be victimized.

OAKLAND VOTERS: your local progressive city council champion at large Rebecca Kaplan is under attack by large corporations (Uber and Lyft and other Republican Party supporters) because she wants them to pay their share of Oakland business tax. The Mayor is also out to get her. All of that slick junk mail that you get everyday--over $370,000 worth so far--is paid for by them. Rebecca has been a staunch ally of the cannabis movement for many years. Please support your locally elected progressive champion from these out-of-town attacks by tax-dodging corporate elites. They'll be insufferable if they win. Please make whatever contribution you can--small ones add up and now is the time to chip in a little--and VOTE!