Cannabis Law Perspectives

Legal insights into california's cannabis industry

4 recent events at the national level point to growing support to allow states to determine their own legal cannabis regimes.
New and Pending Legislation
Joe Rogoway

Trump Agrees to Support Federalism and Cannabis Industry!

On Friday, April 13, news broke that President Trump will not challenge states that have legalized cannabis according to Colorado (GOP) Sen. Cory Gardner. This development came about during a private conversation between the President and Sen. Gardner where the President promised that the Department of Justice would not crack down on state-legal cannabis industry operators. This news came as

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Tax Cuts and Jobs Act for Cannabis Businesses
Taxation
Joe Rogoway

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 to pay tax on a

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Cannabis Business Laws in Los Angeles, Califonia
Cannabis Law
Joe Rogoway

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 business can operate at a

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Prop. 65 And Cannabis Businesses In California
Disputes & Litigation
Joe Rogoway

What is Prop. 65 and Why Should Cannabis Businesses in California Care About it?

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 cause cancer, birth defects, or other reproductive harm. Violating Prop 65’s warning requirement can lead to penalties as high as $2,500 per day. The Office of Environmental Health Hazard Assessment adopted

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Attorney General Watch: Marijuana and the “Task Force on Crime Reduction”

AG Jeff Sessions created a Task Force on Crime Reduction. One of its subcommittees has a charge related to cannabis: “Task Force subcommittees will also undertake a review of existing policies in the areas of charging, sentencing, and marijuana to ensure consistency with the Department’s overall strategy on reducing violent crime and with Administration goals and priorities.” Task Force members

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2017 Guide to CA Cannabis Legislation: 5 More Cannabis-Related Bills

This is the fourth issue in our 2017 CA Cannabis Legislation Guide, an overview of California lawmaking during 2017. We will cover at least 46 pending items that may shape California cannabis legislation and how California regulates cannabis. Today, we will address AB 1143, AB 1527, AB 1627, SB 175, and SB 311, five of the twelve pending bills directed at cannabis licensing and regulation. California Cannabis Legislation:

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2017 Guide to CA Cannabis Legislation: Two More Cannabis-Related Bills
New and Pending Legislation
Joe Rogoway

2017 Guide to CA Cannabis Legislation: Two More Cannabis-Related Bills

This is the third issue in our 2017 CA Cannabis Legislation Guide, an overview of California lawmaking during 2017. We will cover at least 46 pending items that may shape California cannabis legislation and how California regulates cannabis. Today, we will address AB 729, and AB 948: two of the twelve pending bills directed at cannabis licensing and regulation. California Cannabis Legislation: Overview of Legislative Calendar The

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LA’s Measure M – What’s Next

LA Voters Adopted Measure M What’s Next City Council will conduct public hearings about commercialization of cannabis and medical cannabis Existing dispensaries operating in compliance with City law will get “priority” in application process Unauthorized cannabis activity still faces criminal penalties, civil fines, and disconnection of water and power Taxes Start on 1/1/18: $100 for each $1,000 gross receipts of cannabis

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LA’s MEASURE M PASSED BIG!

Will Los Angeles Catch Up to San Francisco and Santa Rosa? San Francisco has regulations for medical cannabis businesses – we know how much it costs to apply for a dispensary permit ($8,459) and how many medical cannabis dispensaries are allowed to be open 24-hours per day (two, see subsection (e)). Santa Rosa is another city with developed regulations; it’s paved a path

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