Rogoway Law Blog

Santa Rosa’s Comprehensive Cannabis Ordinance

The City of Santa Rosa’s Comprehensive Cannabis Ordinance passed unanimously on December 19, 2017 and goes into effect this Friday, January 19, 2018. Ordinance Highlights The City will now permit both adult use and medical use cannabis businesses and will consider applications that include on-site cannabis consumption and special events. Santa Rosa will accept permit applications … Continued

Tax Cuts & Jobs Act – First Thoughts

Earlier today, the Conference Com. approved five hundred and three (503) pages of amendments to the Internal Revenue Code. This should soon become law, with many provisions effective in sixteen days. Most important to our business: 280E Congress made zero (0) changes to Section 280E. Cannabis companies are still forbidden to make common business deductions, forcing them … Continued

Important Environmental Requirements for California Cultivators

CalCannabis anticipates that it will start issuing state cannabis cultivation licenses — both temporary and annual — on January 1, 2018. Applications are not yet available, but will be soon. Before applying for a state cultivation license, there are two things you must do to ensure compliance with environmental regulations pertaining to water use and … Continued

Los Angeles Has Cannabis Laws (Finally)

LA City Council Passed Cannabis Ordinance & Regulations on Dec. 6, 2017* First, here’s the Ordinance (Sec. 104) and the implementing Regulations. These two docs regulate cannabis businesses in LA. We’re beginning to digest these and will post commentary soon. In the mean time, everyone should start thinking about the Zoning Ordinance (Sec 105). Zoning determines whether your … Continued

Prop. 65 and Cannabis Businesses in California

California Cannabis Businesses and Prop 65 November 26, 2017 WHAT IS PROP 65, AND WHY SHOULD CANNABIS BUSINESSES KNOW ABOUT IT?   WHAT IS PROP 65? California’s Proposition 65 is a law passed by voters in 1986. It requires businesses to provide a “clear and reasonable warning” when they expose consumers to chemicals known to … Continued

Mutual Benefit Corporations – Merger Transitions to For-Profit (Updated 12.4)

MBC Rubik’s Cube Solution The requirement for California cannabis companies to operate as a “collective or cooperative” (HS 11362.775) pushed cannabis businesses into non-profit mutual benefit corporations (“MBC”). These companies differ from normal corporations in crucial ways. Good news – the “collective or cooperative” requirement is disappearing and soon, cannabis businesses may operate out of any entity … Continued

October 31 Deadline Approaching! Apply for a Surface Water Right with the State Water Resources Control Board

Cannabis cultivators must identify their water source(s) as part of their CalCannabis application(s) to obtain a state license. The deadline to submit an application to the State Water Resources Control Board (“Water Board”) to obtain a surface water right for cannabis cultivation is October 31, 2017. This deadline was extended from the original July 1, 2017 deadline in the … Continued

California Department of Food and Agriculture Releases Proposed Cultivation and Tracking Regs

On April 28, 2017, the California Department of Food and Agriculture released proposed regulations to establish cannabis cultivation licensing and a track-and-trace program. The proposed regulations define the cannabis cultivation licensing process and triggers a 45-day public comment period. The last day to submit written comment to the Department is June 12, 2017. However, those who wish to … Continued

California Bureau of Marijuana Control Releases Proposed Text of Regulations

On April 28, 2017 the Bureau of Marijuana Control released its first set of proposed regulations. The release of regulations triggers the requirement for the Bureau to hold hearings at which the public can comment on the regulations. Those who wish to make oral comment on the proposed regulations may do so by attending one of the four scheduled hearings. … Continued

“Surge Strategy” on Hold: LA Considers Ending the “Whack-a-Mole” Game Against Marijuana Dispensaries

On April 17, the Los Angeles County Counsel presented to the Board of Supervisors a report addressing the dozens of illegal dispensaries in unincorporated Los Angeles County. The report relayed the Medical Marijuana Dispensary Enforcement Team’s (“MMDET”) recommended approach: a “surge strategy” aiming to close all such dispensaries. On April 19, however, the Board of … Continued

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