Legal Insights

Perspectives on Cannabis, Hemp, Beverage and Psychedelic Law

Lake County’s Revised Cannabis Ordinance Needs a Different Approach.
Permitting And Licensing
Joe Rogoway

Lake County’s Revised Cannabis Ordinance Needs a Different Approach

Recently, a new draft MAUCRSA implementation cannabis ordinance (“Draft Cannabis Ordinance” or “Draft Ordinance”) was released by the County of Lake, California (the “County” or “Lake County”). Though the Draft Cannabis Ordinance is merely the first step in what will likely be a lengthy effort by Lake County staff, stakeholders, and the Lake County community at large to draft cannabis

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What Senate Bill 1148 (SB 1148) Provides: Statutory CEQA Exemption for State Cannabis Licenses
New and Pending Legislation
Joe Rogoway

SB 1148 Should be Amended to Include Local Cannabis Permitting Programs in the Statutory CEQA Exemption

What Senate Bill 1148 Provides: Statutory CEQA Exemption for State Cannabis Licenses Senate Bill 1148 (“SB 1148”), a pending bill in the California State Senate, would provide that the California Environmental Quality Act (“CEQA”) would NOT apply to the issuance of a state cannabis license if the local jurisdiction has filed a notice of exemption or a notice of determination

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California State Cannabis Enforcement Actions and Discipline
Enforcement Actions & Discipline
Joe Rogoway

Your Guide to California State Cannabis Enforcement Actions and Discipline

The original post was published on May 7, 2020. It has since been updated by Firm Partner Blair Gue to reflect the changes in the regulatory bodies governing California’s cannabis industry. You can access the archived original post here. The below is a brief description of the process involved in an administrative enforcement action brought by the Department of Cannabis

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California’s Legal Cannabis Farms Use Less Water and Produce More Value Than Any Other Agricultural Activity.
Regulatory Compliance
Joe Rogoway

It’s Time to Stop Scapegoating Legal Cannabis Farms.

California’s commercial cannabis laws, as established through the Medicinal and Adult Use Cannabis Regulation and Safety Act (MAUCRSA), have always contained the acutely problematic provisions of so-called local control as well as the express exclusion of cannabis from the California Environmental Quality Act (CEQA) exemptions endowed to all other agricultural crops. This has created an unworkable dynamic for California’s legal

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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
Local Ordinances
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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