Perspectives

insights into california's cannabis industry

What Tilray's IPO means for “medicinal” cannabis companies?
Business
Ken Stratton

What the Heck Happened Last Week at Tilray? And its implications for “medicinal” cannabis companies.

What Tilray’s IPO means for “medicinal” cannabis companies? Tilray, Inc. describes itself as “a global pioneer in the research, cultivation, production, and distribution of medical cannabis and cannabinoids.” However, last week’s events make a pretty good case that Tilray (Nasdaq: TLRY) is not a pharmaceutical company after all despite being branded as one by companies like Yahoo Finance. This is very good

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Jana Adams administers a tincture high in CBD to her daughter, Brooke, who has Dravet Syndrome.
Cannabis Law
Lindsay Whyte

How a California Kindergartner Was Allowed to Take Her Cannabis Medicine to School

The Case Brooke Adams is a five-year-old girl diagnosed with Dravet Syndrome, a rare and severe form of epilepsy. Brooke currently uses medicinal cannabis-derived CBD oil to significantly reduce the frequency of seizures and medicinal cannabis-derived THC oil as an emergency medication to quickly stop seizures once they start. Brooke obtains both oils pursuant to a valid recommendation from a

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Los Angeles Cannabis Licenses: Phase II Eligibility Information
Business
Blair Gue

Los Angeles Cannabis Licenses: Phase II Eligibility Information

The City of Los Angeles anticipates opening up Phase II of its cannabis licensing process on August 1, 2018. To prepare potential applicants for the application process, the City released a set of guidelines that applicants can use to help establish eligibility for licensure. The document issued by the City is called Guidelines to Establish Eligibility Pursuant to LAMC Section

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California Consumer Privacy Act and the Cannabis Privacy Bill
Business
Charlie Lucero

New Compliance Challenges: California Consumer Privacy Act and the Cannabis Privacy Bill

Co-Author: Ken Stratton On June 28, 2018, California adopted a comprehensive consumer privacy act, the California Consumer Privacy Act of 2018 (the “CCPA”). Legislators rushed the CCPA through the legislative process with unpreceded speed to stave off a proposed, and more stringent, ballot initiative sponsored by a San Francisco developer. The law, which is similar in scope to the European

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On-Site Security Guard Requirements for Cannabis Retailers
Cannabis Law
Ken Stratton

New Local Cannabis Laws Proposed for San Francisco Raise Some Concerns

Co-Authored By: Charlie Lucero By now it’s well known that the City of San Francisco is considering two new cannabis laws: the first would be a local cannabis industry tax and the second would establish a new 9-member Cannabis Commission to oversee the industry within city limits. Last week, our attorneys attended a meeting sponsored by the San Francisco California

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Business
Josh Zetlin

FDA Approves Epidiolex: First Therapeutic Drug Made From Plant-Derived CBD

Co-Author: Ken Stratton This week the U.S. Food and Drug Administration (FDA) approved Epidiolex as a treatment for seizures associated with two rare and severe forms of epilepsy: Lennox-Gastaut syndrome and Dravet syndrome. Epidiolex, developed by GW Pharmaceuticals plc (Nasdaq: GWPH), a UK-based pharmaceutical company with U.S. operations, is the first FDA-approved drug made from a purified substance derived from

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Insurance coverage for cannabis businesses in California
Business
Rogoway Law Group

Selecting the Right Insurance for Your Cannabis Business

California cannabis licensees face a lot of risks, from business competition to regulatory uncertainty, to unforeseen disasters and lawsuits of all types. Cannabis companies can act to protect themselves from certain risk by obtaining specific types of insurance. State-Mandated Insurance Requirements for Cannabis Businesses While the state’s governing statute for commercial cannabis activity, MAUCRSA, does not require cannabis companies to

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Labor Peace Agreements for Cannabis Businesses in California
Cannabis Law
Ken Stratton

Labor Peace Agreements for Cannabis Businesses in California: Why Some Say the Law is “Siding Union”

Those thinking about operating a cannabis business in California may be surprised to learn they might need to enter into a legally binding “labor peace agreement” with a union in order to receive a license to operate. Cal. Bus. & Prof. Code § 26051.5(a)(5)(A); 16 CCR § 5002 (Bureau of Cannabis Control); 17 CCR § 40128(b)(2)(Dept. of Public Health); 3 CCR § 8102(x)(CalCannabis).  Recently

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Business
Ken Stratton

Converting Mutual Benefit Corporations into For-Profit Corporations

Over the past few months, many cannabis collectives organized as non-profit mutual benefit corporations under prior law, such as the 2004 Medical Marijuana Program Act, have asked us to help them convert into for-profit general share corporations (C Corps.). This isn’t surprising because the laws have changed and because cannabis operators wanting to attract new-money investors are learning fast that

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