Photo of Daniel Dersham

Located in Harris Bricken's San Francisco office, Daniel's practice focuses on commercial and real estate disputes. His success in Federal and State trials, arbitrations, and mediations has made him a sought-after legal adviser not only for cannabis corporate clients, but also for individual owners and landlords seeking representation on a variety of real estate issues and disputes, such as leasing, land use, and regulatory compliance.

cannabis marijuana hazardous waste prosecutionLast month, the U.S. Attorney for the Southern District of California indicted a San Diego cannabis manufacturer for dumping hazardous waste in violation of federal law. The defendants are alleged to have arranged for an unlicensed garbage hauler to unlawfully dump at various locations twenty-eight 55-gallon barrels of waste ethanol used in volatile extraction of

RICO california litigationIn what appears to be a first, a veteran commercial cannabis cultivator in Santa Barbara County has sued another cannabis cultivator for, among many other claims, violating the federal Racketeer Influenced and Corrupt Organizations Act (RICO). According to the complaint, the defendants defrauded the plaintiff as one of many business partners, investors, and otherwise unsophisticated

California cannabis cooperative
California cannabis cooperatives are still going strong.

Our firm’s cannabis practice group represents licensed cannabis cultivators of all sizes, ranging from the small artisanal grower to the medium/large farm with a country farmhouse to the mega farm jumbo operation. Common problems permeate cannabis cultivation operations of any size in this

California cannabis has a problem: roughly 80% of jurisdictions in the state prohibit cannabis stores of any kind, despite voters approving full legalization with Prop 64 (the Adult Use of Marijuana Act, now the Medicinal and Adult Use Cannabis Regulation and Safety Act, or MAUCRSA) in 2016 by nearly 60%. The result has been “cannabis

cannabis california retailIn 2016, California voters approved Prop 64, the Adult Use of Marijuana Act, by nearly 2 million votes. In addition to legalizing adult use and possession of cannabis, the law creates a statewide regulatory regime for commercial cannabis activity, but also provides discretion to local jurisdictions to prohibit or restrict such businesses. Almost 18 months

sonoma county cannabis RICOFor a while, criminal conspiracy lawsuits against cannabis operations looked like a potentially promising strategy for cannabis prohibitionists to try and use litigation to reverse the trend of legalization. The idea is to use the Racketeer Influenced and Corrupt Organizations Act (“RICO”), a federal statute intended to combat organized crime–and which allows private rights of

hemp cbd vape californiaLast week, the 2018 Farm Bill became law. Included in that law is a milestone provision that removes hemp from the Controlled Substances Act (CSA), and another that prohibits states from preventing transportation or shipment of hemp or hemp products across state lines– even if a state has itself outlawed hemp or hemp products.

california cannabis licensing rulesThis past Friday, California’s three agencies charged with writing and enforcing cannabis regulations—the Bureau of Cannabis Control (BCC), the Department of Public Health (DPH), and the Department of Food and Agriculture (DFA)—made public their respective proposed final regulations, which are currently pending a 30-day review by the Office of Administrative Law before becoming