Free Wildfires Helping Handbook – Updated

Here are resources for those affected by the current California fires. We will update this list as new information becomes available:

In 2017 Morrison & Foerster created the free 2017 Northern California Wildfires Helping Handbook.  The Handbook provides general and practical information for people, small businesses, and other organizations affected by the fires, and covers many issues including FEMA, consumer fraud, housing, employment, SBA loan assistance, and insurance.  There is also a chapter on Lawyer Referral Services and Legal Aid if you find you need further information or assistance.

This handbook is current through October 20, 2017, and a Spanish version is here. Check back in at www.mofo.com/norcal-fires for updates. You can download a copy of the handbook: 2017 northern-ca-fires-helping-handbook. There is also the 2017-2018 Southern California Helping Handbook, also in Spanish.

The firm is part of the Bay Area Resilience Collaborative, which provides free legal information to California fire survivors.  Information on other free or low-cost legal aid and resources can be found here:

• State Bar of California
• LawHelpCA.org
• OneJustice
• Bay Area Legal Aid
• CA Governor’s Office of Business and Economic Development (for business owners)

For general information about the fires:

• Cal Fire – Statewide Fire Map
• CA Governor’s Office of Emergency Services
• SFGate – California Fire Tracker
• 2018 Statewide Incidents
• Replacing Lost Documents

Juneteenth 2018: The Fact Sheet

In honor of Juneteenth, celebrating the end of slavery in the United States, the Congressional Research Service has issued an updated Juneteenth: Fact Sheet, with an extensive summary of its history, legislation, and samples of Congressional speeches and Presidential proclamations and remarks.  The CRC guide also includes a table of states—including California–that recognize Juneteenth as a State Holiday.

The recognition in CA is through adoption of Government Code §6719 [effective 2004] which designated the 3rd Saturday in June “Juneteenth National Freedom Day: A day of observance.” Juneteenth is not currently a Federal Holiday.

The Emancipation Proclamation, signed by President Lincoln on January 1, 1863, is available for viewing digitally, 155 years later, as a treasure of the National Archives.

As knowledge is power and its own celebration, the San Francisco Law Library also offers free access to all of its professional legal information databases, including the digital library found on HeinOnline, Slavery in America and the World: History, Culture & Law, which collects every statute once in force in the American colonies and states, all reported state and federal cases on slavery, early Congressional debates, along with historical and contemporary articles on the battle for civil rights and emancipation.

---

And this weekend, on Saturday, June 16th, there will be a Juneteenth Celebration in the Fillmore!

New Cannabis Regulations

The first major challenge to cannabis cultivation regulations has just hit California, so you might be curious to check out the regulations for yourself. Luckily, the new California cannabis regulations and the California Code of Regulations Statement of Reasons are available at the San Francisco Law Library.

The vast array of California regulations for the new cannabis retail sales can be daunting to explore, and finding the basis of how these regulations came about is also no easy task. So why not stop by the library and let your trusty SFLL librarians assist you with your cannabis research questions, or any other California Code of Regulations research you need to do? To get you started, take a look below at our Reference Sheet for Cannabis Regulations which lists which volumes you may want to take a look at first when you start with the regs or annotated codes.

For more on cannabis law, visit the Bureau of Cannabis Control’s website, and take a look at our Cannabis Law LibGuide.

---

Reference Sheet for Cannabis Regulations

From BARCLAYS CALIFORNIA CODE OF REGULATIONS

Register 2017, No. 49, dated December 8, 2017:

• Volume 4, Title 3, Division 8 (“Cannabis Cultivation”): Pages 429-459
• Volume 21A, Title 16, Division 42 (“Bureau of Cannabis Control”): Pages 555-601
• Volume 22, Title 17, Division 1, Chapter 13 (“Manufactured Cannabis Safety”): Pages 248.20 – 248.44

Register 2017, No. 52, dated December 29, 2017:

• Volume 23, Title 18 Public Revenues, State Board of Equalization, Business Tax: Chapter 8.7, Cannabis Tax Regulation, §§3700-3701, pp. 205-206

Register 2018, No. 1, dated January 5, 2018:

• Volume 24, Title 18 Public Revenues, Division 4, Office of Tax Appeals, p.521-540 (see page 3 of the Digest of New Regulations for specifics for this new agency)
  • From the Digest:  “The Office of Tax Appeals (OTA) has adopted emergency regulations concerning appeals from actions taken by the Franchise Tax Board (FTB) or the California Department of Tax and Fee Administration (CDTFA). The OTA is an independent body created by the Taxpayer Transparency and Fairness Act of 2017. Its mission is to provide a fair, objective and timely process for appeals by California taxpayers. As of January 1, 2018, the OTA has sole jurisdiction over tax appeals arising from actions taken by the FTB and the CDTFA.”

Also see the 2018 pocket part for WEST’S ANNOTATED CALIFORNIA CODES in the last volume containing the Index for Business & Professions Code (v.5D), Food & Agriculture Code (v.31D) and the Health & Safety Code (v.41I)

• The entry “cannabis” will refer you to “Drugs and Medicine” and within that to “Marijuana”

---

Related links:

• California Code of Regulations (from Westlaw)
• The Cannifornian

Coming soon to California…REAL ID

California will offer REAL ID cards beginning January 22, 2018. Do you need a REAL ID card? Here are the answers to common questions about REAL ID.

What is REAL ID?

The REAL ID Act of 2005 requires state-issued driver’s licenses and personal ID cards to meet certain standards in order to be accepted by a federal agency. This includes domestic air travel and entry to military bases and many federal facilities. The DMV will offer federally compliant REAL ID cards beginning January 22, 2018.

How does it affect me?

TSA will begin requiring REAL ID-compliant driver’s licenses or other acceptable form of identification on October 1, 2020. Other TSA-approved forms of ID such as U.S. passports will still be accepted. See TSA’s website for a complete list of accepted forms of ID.

According to the DMV, you will not need a REAL ID to do the following:

• Drive
• Apply for or receive federal benefits (Veterans Affairs, Social Security Administration, etc.)
• Enter a federal facility that does not require ID (i.e. a post office)
• Visit a hospital or receive life-saving services

(DMV, REAL ID Act.)

You will also not need a REAL ID to vote, register to vote, “participate in law enforcement proceedings,” or access “constitutionally protected activities (including a defendant’s access to court proceedings).” Department of Homeland Security, Real ID Frequently Asked Questions for the Public.

How do I apply for a REAL ID?

Beginning January 22, 2018, the DMV will offer REAL ID driver’s licenses and ID cards. The following steps are required by the DMV:

• Make an appointment to visit a [DMV] field office on or after January 22, 2018.
• Provide proof of identity, such as a U.S. birth certificate, U.S. passport, employment authorization document, permanent resident card or foreign passport with an approved form I-94.
• Show a California residency document.
• Present proof of your Social Security number.

(DMV, Real ID Act.)

I heard that the State of California was not in compliance with the REAL ID Act. What does that mean?

California is not in compliance with REAL ID. It was granted an extension by the Department of Homeland Security, and therefore California driver’s licenses and IDs may be used for domestic air travel until October 1, 2020.

What if I hold a driver’s license or ID from a state other than California?

Information on state compliance is available on the Department of Homeland Security website, https://www.dhs.gov/real-id.

Where can I find more information on REAL ID?

• Are you ready for REAL ID? DMV video
• DMV REAL ID information
• REAL ID and Air Travel TSA Fact Sheet
• Department of Homeland Security REAL ID FAQs
• REAL ID Act (PDF document)