Perspectives

insights into california's cannabis industry

City of Los Angeles: Update on Department of Cannabis Regulations (DCR) Recommendations
Permitting And Licensing
Blair Gue

City of Los Angeles: Update on Department of Cannabis Regulations (DCR) Recommendations

On February 12, 2019, we discussed the Los Angeles Department of Cannabis Regulations (“DCR”) recommendations to the City’s Rules, Elections, and Intergovernmental Relations Committee (the “Committee”) regarding Phase III of the cannabis business licensing process. This is a brief update to that original post. On February 15, 2019, Kat Packer presented the DCR’s recommendations to the Committee. After hearing from

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The latest CDPH Regulations regarding Cannabinoid - THC & CBD - Content Labeling
Regulatory Compliance
Lindsay Whyte

The Latest Approved CDPH Regulations (2019) for THC & CBD Content Labeling

In December 2017, California’s three cannabis licensing authorities – the Bureau of Cannabis Control (“BCC”), the California Department of Public Health (“CDPH”), and the California Department of Food & Agriculture (“CDFA”) – adopted emergency cannabis regulations designed to “clarify and make specific licensing and enforcement criteria for commercial cannabis businesses under the Medicinal and Adult-Use Regulation and Safety Act” (“MAUCRSA”).

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Los Angeles Department of Cannabis Regulation Recommends Major Changes to its Phase III Storefront Cannabis Retail Licensing Process
Permitting And Licensing
Blair Gue

Major Changes Recommended for Los Angeles’ Phase III Storefront Cannabis Retail Licensing Process

On February 8, 2019, the Los Angeles Department of Cannabis Regulation (“the DCR”) issued a report to the City’s Rules, Elections, Intergovernmental Relations Committee (the “Committee”) recommending a number of amendments to the City’s cannabis program that it believes will make the licensing process more efficient, transparent and equitable. The ten-page report signals a significant shift in DCR policy and

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California recently tasked CalCannabis with developing a process for licensed cannabis cultivators to establish state cannabis appellations - the CalCannabis Appellations Project.
Intellectual Property
Josh Zetlin

What the CalCannabis Appellations Project means for California Cannabis Cultivators, Manufacturers & Retailers.

Tequila from Mexico, Roquefort cheese from France…cannabis from Humboldt?!  Consumers around the world place great importance on the place of origin for many agricultural products, foodstuffs, wine and spirit drinks, handicrafts, and industrial products.  This trend holds true in the cannabis industry. Many in cannabis companies recognize the importance of promoting the geographic origin, otherwise known in trademark lingo as

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Cannabis Tax Requirements for California Cannabis Businesses
Taxation
Lindsay Whyte

CDTFA’s Cannabis Tax Requirements for California Businesses

It is important for all commercial cannabis business operators to be well-versed in the tax requirements they will be subject to. The California Department of Tax and Fee Administration (CDTFA) has made clear that each commercial cannabis business that sells cannabis or cannabis products must register with the CDTFA for a seller’s permit, and must regularly file sales and use

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FDA's Hemp Regulations Post AIA
Compliance
Lindsay Whyte

FDA Regulation of Hemp Post Agricultural Improvement Act of 2018

On December 20, 2018, the Agricultural Improvement Act (“AIA”) of 2018 was signed into law. Among the changes made within the AIA was the long-awaited legalization of industrial hemp. The AIA removes hemp (defined as cannabis and derivatives of cannabis with less than 0.3% THC on a dry weight basis) from the Controlled Substances Act (“CSA”). This removal of hemp

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“Gram Shop” Laws For Cannabis Businesses in California
Compliance
Ken Stratton

“Gram Shop” Laws – What They Are and Why We Need Them in California

Consumer product companies typically reduce their product liability risk by focusing on product design, safety testing, and quality control. If a product is well made (for example, if it is not defective or adulterated), then its seller generally knows no one is likely going to sue for injury or harm arising out of the product’s use.   However, this is

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Bureau of Cannabis Control California's Proposed Regulations for Cannabis Businesses
Regulatory Compliance
Hilary St. Jean

Bureau of Cannabis Control’s Newly Proposed Regulations

The Bureau of Cannabis Control recently announced the release of final proposed cannabis regulations which were submitted December 3, 2018 to the California Office of Administrative Law (OAL) and are currently under review by OAL.  The proposed changes will not be in effect until they are approved by OAL but we expect them to go into effect, as drafted, upon

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A Wage & Hour Primer for HR Managers of California Cannabis Businesses
Labor & Employment
Ken Stratton

A Wage & Hour Primer for HR Managers of Cannabis Businesses

We are offering the following observations so that HR managers in the cannabis field can better understand some of the rules that govern wage and hour requirements here in California. These rules are important because failure to follow them can expose employers (the operating cannabis companies) and sometimes their executives to significant civil fines and penalties and, in the case

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Will “Cannabis” Companies Slowly Become “Life Science” Companies?
Corporate & Transactional
Ken Stratton

Will Cannabis Companies Slowly Become Life Science Companies? : A Perspective from a “Life Science – Cannabis” Attorney

People from the cannabis field will often ask me how practicing “cannabis law” compares to my time spent practicing “FDA” (a/k/a life science) law at two publicly traded biotechs and a global medical device manufacturer. Given the many similarities between the two industries, cannabis and life science, but with one industry firmly established on the national scene and the other

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