Cannabis Law Perspectives

Legal insights into california's cannabis industry

Distressed Buyouts - How to Facilitate a Win-Win in a Losing Situation
Corporate & Transactional
Hilary St. Jean

Distressed Buyouts- How to Facilitate a Win-Win in a Losing Situation

Many businesses are suffering through the current pandemic as well as the related and unrelated unstable economic conditions. At Rogoway Law we are witness to many companies tightening belts, reducing their workforce, and coming up with ways to continue through these challenging circumstances. For companies, it’s important to know when to cut losses. It’s never an easy decision but it

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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

Legal Cannabis Farms Use Less Water and Produce More Value Than Any Other Agricultural Activity in California. It’s Time to Stop Scapegoating Them.

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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The Sausalito City Council voted to place the Citizen’s Initiative Petition to Repeal Existing Regulations and Authorize One Storefront Retail and One Delivery Only Cannabis Retail Business to Operate in the City of Sausalito on the City’s next general election ballot.
Local Ordinances
Blair Gue

City of Sausalito – Commercial Cannabis Initiative to be Placed on 2022 General Election Ballot

After a somewhat contentious City Council meeting on July 27, 2021, the Sausalito City Council voted to place the Citizen’s Initiative Petition to Repeal Existing Regulations and Authorize One Storefront Retail and One Delivery Only Cannabis Retail Business to Operate in the City of Sausalito on the City’s next general election ballot. According to the City Attorney the general election

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Corporate & Transactional
Hilary St. Jean

Getting Acquisition Ready

Even if your company is not preparing for an acquisition, the company should always be acquisition ready. What that essentially means is: (1) the company should always be mindful of de-risking and mindful of its corporate affairs: the company should be clean and clear from a corporate legal perspective and risk perspective; and (2) the company should have a business

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Mendocino County Marijuana Regulations
Local Ordinances
Blair Gue

Mendocino County’s Cannabis Cultivation Ordinance On Hold Due to a Voter Referendum

The County of Mendocino recently adopted a comprehensive cannabis “expansion” ordinance that made sweeping changes to, among other things, the County’s commercial cannabis cultivation regulations. Mendocino County’s cannabis cultivation ordinance (the Commercial Cannabis Activity Land Use Development Ordinance, Chapter 22.18 of the Mendocino County Code) was set to go into effect on July 23, 2021 but is now on hold

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Corporate Governance Set Up For Business Ventures
Corporate & Transactional
Hilary St. Jean

Employees, Officers and Directors, Oh My!
The Importance of Selecting Proper Governance for Your Business Venture.

Putting together the best team for your business is anything but simple. Starting day one you want to find the right partners, if any, to embark on a long-term journey. This doesn’t stop at seeking the right co-founder(s), if any, to join you in your endeavor. It continues into setting up the governance and control of your business in terms

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California's three state cannabis licensing authorities have consolidated to form the Department of Cannabis Control (DCC).
New and Pending Legislation
Alexandra Burk

California Cannabis Licensing Authorities Consolidate With Passing of AB 141, Creating the Department of Cannabis Control (DCC)

Yesterday, California’s three state cannabis licensing authorities – the Bureau of Cannabis Control (BCC), CDFA’s CalCannabis Cultivation Licensing, and CDPH’s Manufactured Cannabis Safety Branch – consolidated to form the Department of Cannabis Control (the “DCC” or “Department”). The formation of the DCC and the consolidation of the three agencies is a consequence of Governor Newsom signing Assembly Bill (AB) 141.

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Mendocino County's Ordinance 4491 or Cannabis Facilities Ordinance will bring the county in line with California State law and regulations.
Local Ordinances
Blair Gue

Mendocino County’s Cannabis Facilities Ordinance (Ordinance 4491) Brings County In Line With State Law and Regulations.

In June of 2021, the County of Mendocino adopted Ordinance 4491, which amended Chapter 6.36 and Chapter 20.243 of the Mendocino County Code. Commonly known as the “Cannabis Facilities Ordinance”, Ordinance 4491 made changes to the rules and regulations governing commercial cannabis business uses unrelated to cannabis cultivation, in Mendocino County.  How Does Mendocino County’s Cannabis Facilities Ordinance Affect Cannabis

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Cannabis Businesses Should Secure Federal Trademarks to Protect Their Intellectual Property.
Intellectual Property
Josh Zetlin

How Cannabis Companies Can Protect Their Intellectual Property In The Event Of Federal Legalization

On July 1, 2021, when the State of Virginia’s and the State of Connecticut’s cannabis legalization took effect , 18 states across the nation had legalized adult-use cannabis. With positive momentum on states legalizing recreational cannabis, as well as clear and repeated assertions from Senate Majority Leader Chuck Schumer (D-NY), it’s not farfetched to assume that nationwide legalization is on

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Mendocino County Commercial Cannabis Cultivation Permit
Permitting And Licensing
Blair Gue

Mendocino County – Commercial Cannabis Permitting Updates for Cultivators

Mendocino County’s Phase Three Cultivation Ordinance In June of 2021, Mendocino County adopted, among other things, amendments to its commercial cannabis cultivation regulations. Commonly known as the “22.18 amendments” and the “phase three cultivation ordinance”, the new regulations involve sweeping changes to the way cannabis cultivators obtain permits along with many other changes that work to streamline the County’s permitting

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