Legal Insights

“Surge Strategy” on Hold: LA Considers Ending the “Whack-a-Mole” Game Against Marijuana Dispensaries

On April 17, the Los Angeles County Counsel presented to the Board of Supervisors a report addressing the dozens of illegal dispensaries in unincorporated Los Angeles County. The report relayed the Medical Marijuana Dispensary Enforcement Team’s (“MMDET”) recommended approach: a “surge strategy” aiming to close all such dispensaries. On April 19, however, the Board of Supervisors opted not to fund

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Governor Proposes Bill to Remove Restrictions on Vertical Integration in the Medical Cannabis Industry

As part of the 2017-2018 budget process, the Governor has unveiled “budget trailer bill legislation”: the “Medicinal and Adult-Use Cannabis Regulation and Safety Act.” This legislation would merge the state’s regulatory scheme for medicinal and recreational cannabis. Most notably, it would remove restrictions on vertical integration in the medical cannabis industry. The “Medical and Adult-Use Cannabis Regulation and Safety Act” would Consolidate California’s Medical

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Rogoway Law Group

Cannabis Business NEW BUSINESS BAN – San Diego County | Rogoway Law

On March 14, 2017, the San Diego County Board of Supervisors voted 3-2 to ban all new cannabis businesses within county lines and set sunset dates for current operators. The ban applies to both medical and recreational cannabis businesses. Medical cannabis dispensaries already operating with county permits must close by 2022 while those currently in the permitting process must close

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Oregon Case Study: Might CA Benefit from Interim Cannabis Legislation?

Recreational cannabis legalization in California takes effect as early as January 1, 2018. Meanwhile, state and local governments are working to create a regulatory framework for this new market. What lessons might California learn from other states that have made a similar transition? OREGON’S EXPERIENCE: THE “EARLY START” PROGRAM One example is Oregon. Under its “Early Start” program, Oregon allowed existing

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Lake and Mendocino County Updates

Amid the developments in Sonoma County and the City of Los Angeles, two other Counties are close to entering the permitting phase. Mendocino County Mendocino County is set for a first reading of its cultivation ordinance on March 21 (barring any additional delays or lawsuits). The most recent draft language can be found here. In brief, this ordinance would allow

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Measure A Passed- Get Ready for Permitting

Sonoma County voters overwhelmingly approved Measure A, which authorizes up to a 10% tax on gross receipts for all segments of the commercial cannabis industry. While the actual imposed rate remains to be determined, the passage of this measure means the County no longer has any reason to delay issuing permits to operators. We have received confirmation that permits will

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Congress on Cannabis: What Might 2017 Hold?

To date, two key factors guiding federal cannabis enforcement have been the Department of Justice’s “Cole Memo” (Cole memo) and the Rohrabacher-Farr amendment. While the appointment of Jeff Sessions to head the Department was not an encouraging sign, there is still federal interest in cannabis reform, especially among the group of lawmakers again proposing the “Respect State Marijuana Laws Act.” COLE MEMO The Cole

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Los Angeles Set to Vote on Moving Forward with Comprehensive Cannabis Regulation.
Rogoway Law Group

Los Angeles Set to Vote on Moving Forward with Comprehensive Cannabis Regulation

On March 7, 2017, Los Angeles City residents will vote on whether the city should repeal and replace Proposition D or amend it to allow for the regulation of cannabis businesses within city limits. The City implemented Proposition D in 2014 with the intent of limiting the number of dispensaries within city limits to 135, Proposition M (“CETRA”) The City Council created Proposition

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Cannabis Compliance: No. 1 Thing to Focus On, Given Uncertainty with Feds
Rogoway Law Group

Cannabis Compliance: No. 1 Thing to Focus On, Given Uncertainty with Feds

What California Cannabis Industry Players Should Take Away from Recent Statements by Trump Administration? Amid a lot of noise about cannabis laws, there are actual developments. First, the Trump Administration signaled its tolerance for medical cannabis but predicted “greater enforcement” against recreational cannabis. Then, Attorney General Sessions criticized arguments in favor of legalization commonly advanced in states like Colorado (where recreational

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Cannabis Trademarks
Rogoway Law Group

What You Should Know About Cannabis Trademarks

Even though California law is set to recognize cannabis as a lawful, for-profit consumer product starting in 2018, existing law provides very little assurance to entrepreneurs that they will be able to establish protectable cannabis trademarks. This legal update explains (1) the current deficiency in California law, (2) the basic long-term strategies aspiring cannabis companies should consider, and (3) the

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