Perspectives

insights into california's cannabis industry

Federal Trademark Registration for CBD Brands
Intellectual Property
Josh Zetlin

Federal Trademark Registrations for Hemp-derived CBD Brands Following The 2018 Farm Bill

The United States Patent and Trademark Office (“USPTO”) has long refused to register trademarks and service marks for goods and/or services that violated federal law, regardless of the legality of the activities under state law. (See generally Trademark Manual of Examining Procedure (TMEP) §907.) As many cannabis and hemp brands know, this restriction made securing federal trademark protection a challenging

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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
Ken Stratton

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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The City of Los Angeles’ Social Equity Program Eligibility Verification Process Opens Today
New and Pending Legislation
Blair Gue

Los Angeles’ Social Equity Program Eligibility Verification Process Opens Today (May 28, 2019)

The City of Los Angeles’ Social Equity Program (SEP) Eligibility Verification Process opens today and will be open for 60 (sixty) days. Potential Social Equity Applicants MUST complete the SEP Applicant Eligibility Verification Process in order to be eligible to apply for SEP Priority Processing for Phase III Storefront Retail and Delivery licenses. All those that become verified during the SEP

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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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Amendment to Senate Bill 7: Cannabis Regulation and Tax Act of Illinois
New and Pending Legislation
Blair Gue

What’s Next For Illinois State Senate’s Cannabis Regulation and Tax Act?

On May 6, 2019, the Illinois Cannabis Regulation and Tax Act was filed in the Illinois state Senate as an amendment to Senate Bill 7. The Act is 523 pages long and proposes to legalize adult-use cannabis in Illinois by January 1, 2020 with licensure of adult-use cannabis businesses starting May 2020. The Act proposes to tackle everything from personal

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Is it legal to sell CBD products in the United States?
New and Pending Legislation
Lindsay Whyte

Federal Regulation of Hemp: Next Steps From The FDA

On December 20, 2018, the Agricultural Improvement Act of 2018 was signed into law, which removed hemp from the Controlled Substances Act and ensured that hemp is no longer an illegal substance under federal law. You can find more information on the Agricultural Improvement Act of 2018 here. FDA’s Potential Regulatory Pathways for Hemp-Based CBD On April 2, 2019, the

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LLCs & Corporations: Formation & Entity Structure Considerations
Corporate & Transactional
Hilary St. Jean

Formation & Entity Structure: Important Considerations for Startups

Decisions, decisions! Businesses often wonder where to start in connection with pulling together corporate paperwork for initial operations, including as to how they should structure their businesses and what entity type to choose. Many new entrepreneurs don’t have a broad understanding of how different types of entities operate and why it’s important to consider a variety of factors when choosing

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Could Illinois be the Next State to Legalize Recreational Cannabis / Marijuana?
New and Pending Legislation
Blair Gue

Could Illinois be the Next State to Legalize Recreational Cannabis?

As many States in the Country move toward the legalization of cannabis, it looks like Illinois could be the next State to legalize recreational cannabis use. Recently, Heather Steans, a Democratic member of the Illinois Senate representing the 7th district, stated that she hopes to file a detailed and comprehensive recreational cannabis Bill by the end of April or very

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The Growing Value of Domain Names in the Cannabis Industry
Intellectual Property
Josh Zetlin

The Growing Value of Domain Names in the Cannabis Industry

Domain names represent one of the most important, yet often overlooked, components of any cannabis company’s branding efforts. At a basic level, domain names allow consumers to find websites through easy-to-recall names (e.g. “www.rogowaylaw.com”) rather than the all-numeric IP addresses (such as “192.0.34.65”) assigned to each computer on the Internet. Each domain name is made up of a series of

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3 Important Learnings from the 2019 California Cannabis Control Summit
New and Pending Legislation
Rogoway Law Group

3 Important Learnings from the 2019 California Cannabis Control Summit

The 2019 California Cannabis Control Summit, a gathering of municipal officials from across the state, focused on the various regulatory and enforcement challenges brought forth in the first year of California’s cannabis legalization through the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). This year’s summit, held in Sacramento, brought together a wide array of municipal officials – mayors

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