California’s New Medical Marijuana Legislation: Cue the Bad Lawsuits

We’ve written extensively of late about both California’s Medical Marijuana Regulation and Safety Act (MMRSA) and about the nationwide uptick in cannabis-related litigation (see herehere andhere), so it comes as no surprise that there is already a lawsuit challenging the state constitutionality of California’s new marijuana legislation.

As I explain more fully below, this is not a good case for the cannabis industry. Not at all.

Passage of the MMRSA signals California’s shift away from a loosely regulated, ambiguous grey marijuana market to a robust, state law regulated medical marijuana regime. For us as lawyers, that’s a great thing. And it’s a great thing for marijuana business owners too, since a solid state law regulatory scheme that meets the Federal Department of Justice’s requirement of “robust regulation” goes a long way towards keeping the Feds away.

But not everyone is celebrating California’s adoption of the MMRSA. Tight regulation inevitably means bad...

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