Rogoway Law Blog

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 … Continued

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 … Continued

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

Authors: Ken Stratton and Josh Zetlin 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 … Continued

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 … Continued

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 … Continued

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 … Continued

BCC’s On-Site Security Guard Requirement for Cannabis Retailers: A Discussion

As the cannabis community is well aware by now, the regulations released by the various agencies regulating commercial cannabis businesses are vast and detailed. While the regulations are publicly available on the CalCannabis, Office of Manufactured Cannabis Safety, and Bureau of Cannabis Control websites, some of the operating requirements for cannabis operators are still somewhat … Continued

On-Site Cannabis Consumption at Cannabis Retail Premises

Though the Bureau of Cannabis Control’s Regulations do not mention any restriction of on-site cannabis consumption, the text of the Medicinal and Adult Use of Cannabis Regulation and Safety Act (MAUCRSA) does. MAUCRSA states that “a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of … Continued

San Francisco Is On Deck for Permanent Cannabis Business Permits

The San Francisco Office of Cannabis is getting ready to release Part 1 of its Permanent Cannabis Business Permit Application. While this is an exciting time for cannabis business operators in San Francisco, there are limits to who can apply for a Permanent Cannabis Business Permit. The following individuals/businesses are eligible to apply for Permanent … Continued

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