Cannabis Law Perspectives

Legal insights into california's cannabis industry

SB-153, A Bill Regulating Hemp Cultivation in California, Heads To The Governor's Desk for Signature
New and Pending Legislation
Rogoway Law Group

SB-153, A Bill Regulating Hemp Cultivation in California, Heads To The Governor’s Desk for Signature

SB-153, a bill regulating production of industrial hemp, is officially engrossed and enrolled, which means it is headed for Governor Gavin Newsom’s desk for signature.   After being signed into law, SB-153 will govern hemp cultivation and testing in California. Key Provisions of SB-153 Include: Set registration requirements for hemp production. Revise the provisions regulating the cultivation and testing of hemp

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Senator McConnell Prods FDA Regarding Hemp-Derived CBD Regulation
New and Pending Legislation
Rogoway Law Group

Senator McConnell Prods FDA Regarding Regulation of Hemp-Derived CBD and Derivative Products

On September 17, Senate Majority Leader Mitch McConnell submitted language into a congressional spending report which will force the FDA to reveal their policy on hemp-derived CBD enforcement sooner rather than later.  If approved by the Senate, the amended spending report could provide clarity for industry stakeholders and banks on the sidelines who eagerly await participation in the hemp-derived CBD

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New and Pending Legislation
Rogoway Law Group

[UPDATE] What’s Next After Senate Appropriations Committee Holds AB 228 on Suspense?

We have been closely tracking the introduction and movement of AB 228, a crucial bill that would legalize the retail sale of food, beverages, and cosmetics containing industrial hemp-based CBD and other derivatives, in Sacramento. Like others in the industry, we were fairly optimistic that California’s legislature would pass AB 228 in September 2019, legalizing the sale of hemp-derived CBD products and

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[BREAKING] California Senate Appropriations Committee to Vote on Assembly Bill 228.
New and Pending Legislation
Rogoway Law Group

[BREAKING] California Senate Appropriations Committee to Vote on Assembly Bill 228

The Current Status of Assembly Bill 228 (“AB-228”) AB-228, the long-awaited bill that would legalize the manufacture and sale of food, beverages, and cosmetics containing hemp, is finally being voted on this Friday (August 30, 2019) by the California Senate Appropriations Committee.  Currently, the bill is in the Appropriations Committee’s suspense file. Possible Outcomes of Friday’s Vote on Assembly Bill

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What AB-228 Means for Industrial Hemp Product Manufacturers & Re
Regulatory Compliance
Rogoway Law Group

If AB-228 – Food, Beverages, and Cosmetics: Industrial Hemp Products – Passes, Then What?

AB-228 – Food, Beverage, and Cosmetic Adulterants: Industrial Hemp Products – has generated substantial buzz ever since Assembly Member Cecilia M. Aguiar-Curry introduced it back in January 2019. And rightfully so; if AB-228 passes, it will likely open the door to increased shelf space in major grocery stores and retail outlets for food, beverage and cosmetic products containing industrial hemp.   Specifically,

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Best of Sonoma County 2019
Corporate & Transactional
Rogoway Law Group

Hilary St. Jean, Our Senior Corporate Transactional Attorney, Recognized as Best Attorney in Sonoma County.

Today, the Press Democrat announced Hilary St. Jean–Senior Corporate Transactional Attorney at Rogoway Law Group–as the winner of the Best Attorney, as part of the publication’s Best of Sonoma County awards. The Sonoma County Real Life 2019: Best of Sonoma County awards give the readers of the Press Democrat–the daily with the largest circulation in the California North Bay–a chance

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Commercial Cannabis Permitting and Regulation: The City of Sonoma
New and Pending Legislation
Rogoway Law Group

The Recent History of Permitting and Regulating Commercial Cannabis Activities in the City of Sonoma

In Spring 2018, the City of Sonoma began discussing commercial cannabis regulation with its citizens at two Town Hall Meetings. In June 2018, after a Special City Council meeting on May 30, staff began to develop permanent cannabis regulations for the City of Sonoma. At the time, the proposed permanent cannabis regulations included:  Allowing the outdoor personal cultivation of three

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U.S. Supreme Court through its decision in Lamps Plus, Inc. v. Varela confirms that arbitration agreements should be taken seriously.
Disputes & Litigation
Rogoway Law Group

Lamps Plus, Inc. v. Varela Confirms (Yet Again) That Arbitration Agreements Should Be Taken Seriously

Recently the U.S. Supreme Court rendered its decision in Lamps Plus, Inc. v. Varela, 587 U.S. ____ (2019), reported at 2019 WL 1780275, a case with at least three striking lessons: Lesson #1 Because arbitration agreements are formed by contract through mutual consent, parties negotiating arbitration agreements should pay very careful attention to the specific words used in the contract.

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Section 26065 of MAUCRSA (Cal. Bus. & Prof. Code § 26065), which provides simply that employees “engaged in the cultivation of cannabis under this division shall be subject to Wage Order No. 4-2001 of the Industrial Welfare Commission.
Labor & Employment
Rogoway Law Group

Cannabis Cultivator Beware: A Wage & Hour Trap for the Unwary

Sometimes California’s cannabis laws can be surprising, even to the experts. Our firm came across one example of this recently: Section 26065 of MAUCRSA (Cal. Bus. & Prof. Code § 26065), which provides simply that employees “engaged in the cultivation of cannabis under this division shall be subject to Wage Order No. 4-2001 of the Industrial Welfare Commission.” A Brief

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Here is what you should do when facing an IRS Audit.
Taxation
Rogoway Law Group

I’m being audited by the IRS. What do I do?

Receiving a letter from the IRS, any letter, can be a fear inducing experience. But receiving a letter informing that you are under audit and requesting – nicely at first – that you produce all books and records for the year(s) under review can be particularly devastating. It’s possible that you contemplated an audit for items of tax that you

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