Perspectives

insights into california's cannabis industry

Hemp Industry New and Proposed Regulations
Land Use & Zoning
Lindsay Whyte

How Proposed and Current Regulations May Affect Your Hemp Business.

Federal Regulation of Hemp In 2014, US Congress passed the Farm Bill, which authorized states to implement pilot programs to study the cultivation of and market for industrial hemp. Within the Farm Bill, Congress defined industrial hemp as “Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than

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Disputes & Litigation
Ken Stratton

The Cannabis RICO Cases – Where Are They Now?

If you’ve been keeping up with cannabis litigation recently, you’ve probably noticed a growing number of cases brought against cannabis cultivators and dispensaries by angry neighbors alleging violations under the Racketeer Influenced and Corrupt Organizations Act (RICO), the federal anti-racketeering laws. This blog provides an update on the current status of these “cannabis RICO” cases, along with a prediction for

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Phantom Stock For Cannabis Businesses
Corporate & Transactional
Ken Stratton

Phantom Stock – Why Private Cannabis Companies Should Take Note

Privately held cannabis companies might want to give serious consideration to awarding their employees “phantom stock” rather than equity options. Working so close to Silicon Valley and its “option holder” millionaires, can make it easy for California entrepreneurs to forget the many challenges private companies face when awarding equity options to employees. Obviously, private companies lack a public market for

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Off Site Cannabis Consumption
Regulatory Compliance
Lindsay Whyte

“Off-Site” Cannabis Consumption: What You Need To Know

We have previously discussed in how the Medicinal and Adult Use of Cannabis Regulation and Safety Act (MAUCRSA) states that “a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness … if all of the following are met: Access to the area where cannabis consumption is allowed is restricted

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Cannabis Startup 101: Building a Strong Foundation for Your Cannabis Business
Corporate & Transactional
Hilary St. Jean

Cannabis Startup 101: Building a Strong Foundation for Your Cannabis Business

Starting a company is intimidating for most, if not all, early stage entrepreneurs. Often founders are product-focused and put legal concerns on the back burner in hopes that they can get up and running before incurring legal expenses.  Unfortunately, in the cannabis space especially, it’s important to have legal advice at the outset of the business to avoid later excess

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Copyright Protection for Cannabis Businesses
Intellectual Property
Josh Zetlin

Copyright Protection as an Alternative to Trademarks: A Guide for Cannabis Businesses

As most companies are well aware, a well-known brand (aka a trademark) represents one of a business’s most valuable assets.  Companies spend thousands of dollars and countless hours developing a distinctive visual look, crafting the perfect logo, and devising ways to make their product packaging stand out from the crowd of competitors.  It’s only natural for companies to vigorously protect

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Cross Border Cannabis Transactions
Corporate & Transactional
Ken Stratton

Three Important “Drafting Tips” When Negotiating Cross Border Cannabis Transactions

As the world continues to shrink, cross border transactions continue to become more common, even in the cannabis field where more countries are legalizing both medicinal and recreational use of cannabis. Today, there are at least thirty countries that allow the cultivation, manufacturing and use of medicinal cannabis (Argentina, Australia, Chile, Czech Republic, Denmark, Germany, Israel, Thailand, etc.). A handful

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Assembly Bill 1793 – What it Means For Those With Prior California Cannabis Convictions
New and Pending Legislation
Blair Gue

Assembly Bill 1793 – What it Means For Those With Prior California Cannabis Convictions

Governor Jerry Brown recently signed a number of cannabis bills that were passed within the last year into law. Assembly Bill 1793 should be of particular interest to those with California State cannabis convictions in their past. AB 1793 allows those with prior California cannabis convictions to have those convictions automatically dismissed or redesignated, depending on the type of prior

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Tilray's implications for “medicinal” cannabis companies
Corporate & Transactional
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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