Cannabis Law Perspectives

Legal insights into california's cannabis industry

Trademark Infringement in the Cannabis Industry
Intellectual Property
Josh Zetlin

Trademark Infringement in the Cannabis Industry – What is it and What Can You Do About It?

As the cannabis industry grows and evolves, building a recognizable brand will become increasingly important. Strong and well-respected brand identities will help cannabis companies distinguish themselves from their competitors.  Because of this, trademarks (the intellectual property constituting a brand and its related goodwill) will undoubtedly become some of the most valuable assets owned by successful cannabis companies.   As trademarks gain

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Fast Funds For Cannabis Companies: Promissory Note Financings
Corporate & Transactional
Hilary St. Jean

Fast Funds for Cannabis Companies: Promissory Note Financings

Many cannabis companies are finding themselves strapped for cash and in need of emergency funding or interim financings between larger equity raises. Often these fast funds come in the form of loans from either existing investors or family and friends. These loans, more often than not, tend to take the form of a promissory note. Promissory notes are instruments that

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Labor Peace Agreement Requirement for Cannabis Operations in California as required by AB 1291
Labor & Employment
Ken Stratton

Getting “Real” About Labor Peace Agreements: Assembly Bill No. 1291 And Its Implications

Earlier this month, Governor Newsom signed into law Assembly Bill No. 1291 (“A.B. 1291”), which amends Section 26051.5 of California’s Business & Professions Code to strengthen California’s pro-union requirements for cannabis companies. Specifically, the new law, which will go into effect on January 1, 2020, rewrites the express union organizing commitments cannabis companies must make as part of their state

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Key Takeaways from USDA's Interim Final Rule For Hemp Production
Regulatory Compliance
Charlie Lucero

Key Takeaways from USDA’s Interim Final Rules For Hemp Production

This morning, the U.S. Department of Agriculture (“USDA”) released a draft of its interim final hemp rules. The interim rules for hemp production are effective immediately upon publication in the Federal Register, however the published version may include “changes” from the draft Interim Rules. The published USDA interim rules for hemp production will be effective for two years after publication

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California Wildfires: Maintaining Compliant Cannabis Operations During Natural Disasters
Regulatory Compliance
Alexandra Burk

Maintaining Compliant Cannabis Operations During Natural Disasters

Wildfire Season in California With lives lost, property destroyed, and over half a million people facing power cuts, calling California wildfires disruptive would be an understatement. As of October 13, CAL FIRE  reported 4,878 fires and over 46,996 acres burned for 2019. At least two people have been confirmed dead in wildfires in Southern California, officials say. Multiple fires are

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Reporting Requirements for THC Concentration in Industrial Hemp
New and Pending Legislation
Charlie Lucero

Opinion: California Should Adopt A Round Down Policy for Industrial Hemp THC Concentration Reporting

Current Reporting Requirements for THC Concentration in California Presently, in California, the law is silent on critical areas regarding THC reporting requirements for industrial hemp. As defined in the 2018 Farm Bill and SB-153, industrial hemp consists of Cannabis sativa cultivars that contain a THC concentration of no more than 0.3%. Under federal and state law, industrial hemp includes both

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24 Hour Notification Requirements for Bureau of Cannabis Control Licensees
Regulatory Compliance
Alexandra Burk

24 Hour Notification Requirements for Bureau of Cannabis Control Licensees

The Bureau of Cannabis Control (“BCC” or “Bureau”)–one of the three main regulatory bodies governing the commercial cannabis industry in California–is responsible for licensing retailers, distributors, testing laboratories, microbusinesses, and temporary cannabis events. The Bureau of Cannabis Control licensees must abide by various regulations, including notification requirements that require licensees to contact the Bureau in the event of a triggering

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

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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Temporary Cannabis Event License in California
Local Ordinances
Alexandra Burk

4 Essential Considerations for Securing a Temporary Cannabis Event License in California

Events that include retail sales and on-site consumption of cannabis aren’t just fun and games; these events also present an enormous financial opportunity for our clients. However, given the lengthy and extensive application process, we have compiled a list of the top 4 things to keep in mind for ensuring success in applying for a Temporary Cannabis Event license from

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