Cannabis litigation in the civil and criminal arenas has gone on for decades at both the State and Federal level. Regulatory enforcement actions, however, are still in their infancy in many legalized states with very little precedent for attorneys to look into. If there’s no case law to help interpret ambiguities, where should a lawyer look for guidance? My two cents:
(1) Read your jurisdiction’s enforcement guidelines–enforcement guidelines shed light on the severity of specific regulatory violations which can be critical in calculating client exposure.
(2) Statement of Reasons–California has a document called a “Statement of Reasons.” It provides context to why regulators drafted regulations the way they did, or made changes. Check to see if your jurisdiction released a similar guidance document as it can clear up regulatory ambiguities.
(3) Reach out to the licensing entity–Gov’t agencies that license and regulate your client can be an invaluable resource if you’re unable to resolve an interpretation issue.
DISCLAIMER: THIS INFORMATION IS STRICTLY EDUCATIONAL AND DOES NOT CONSTITUTE LEGAL ADVICE.