Since the 2005 Granholm v. Heald Supreme Court decision addressing the interstate direct shipment of wine, the number of states allowing out-of-state wineries to ship directly to consumers has increased from 31 states to 42. The experience for licensed wine retailers (for example: brick and mortar wine shops, California Type 85 or 20 licensees Read more…
Many local governments and state agencies in California are happy to assist citizens in their requests for public records, and answer questions about the process. But that doesn’t mean it’s always easy, and sometimes you face agencies, municipalities,or individual government employees who don’t know the law about open records, are lazy or lackadaisical Read more…
A couple years ago, we published blog post entitled, “Veterinary Medical Board Taboo: ‘Veterinary Technician.’” (https://simasgovlaw.com/media/blog/veterinary_technician/) In that, we discussed Business and Professions Code section 4893.5 which states: No person shall use the title “registered veterinary technician” or “veterinary technician,” or any other words, letters, or symbols, including, but not Read more…
As discussed in several of our previous blog posts, having a criminal conviction on your record can negatively impact your application for a professional license. Sometimes, the convictions are erroneous and can be corrected by contacting the Department of Justice or through petitioning for factual innocense. However, in the event the criminal Read more…
The California Department of Food and Agriculture (CDFA) is one of three agencies that will be overseeing California's regulation of medical marijuana and cannabis. CDFA's responsibility is to create the "Medical Cannabis Cultivation Program" (Program) for implementing the commercial medical cultivation regulations and develop and manage a cannabis track-and-trace system. To Read more…
The Bureau of Medical Cannabis Regulation (BMC), Department of Public Health (CDPH), Department of Food and Agriculture (CDFA) are all creating new regulations to clarify and define existing law regarding the use of cannabis and medical cannabis in the state of California. For your information, oversight of cannabis has been split Read more…
This blog is to discuss the grounds for license denial or discipline under the new Bureau of Medical Cannabis (“BMC”) draft regulations enacted pursuant to the Medical Cannabis Regulation and Safety Act (MCRSA). Purpose of Regulations Under MCRSA, the BMC (https://bmcr.ca.gov/) was created to license and regulate dispensaries, distributors, transporters, Read more…
Laws are enacted by the Legislature and are called “statutes.” However, the statutes enacted are often are not comprehensive; they do not specify exactly how the stated goals of the legislation are to be achieved, implemented, enforced, penalized, etc. Moreover, the Legislature often enacts statutes that allow or require a state Read more…
Teleworking can be a reasonable accommodation for an injury or disability. However, it is not mandated. And just because it is the preferred solution for the employee, does not obligate the employer to provide it. Nevertheless, if it is the ONLY solution that will permit you to come back and Read more…
The state Assembly for California is presently considering a measure to license athletic trainers. Assembly Bill 1510, introduced by Assemblyperson, Matthew Dababneh, would enact the Athletic Training Practice Act ("Act"). It would provide for the licensure and regulation of athletic trainers. Portions of the Act specifies the requirements for licensure, including education, Read more…