Perspectives

insights into california's cannabis industry

City of Pomona's Merit-Based, Four-Phase Application for Commercial Cannabis Business Permits
Permitting And Licensing
Blair Gue

City of Pomona’s Four-Phase Application for Commercial Cannabis Business Permits

On April 1, 2019, the Pomona City Council met and adopted Ordinance 4257, which makes it possible for the City to permit commercial cannabis businesses within City limits. While there are still a number of things for the City to decide, including: how many permits will be issued for each type of commercial cannabis use, when permit applications will be

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Capitalization Basics for Cannabis Startups
Corporate & Transactional
Hilary St. Jean

Capitalization Basics for Cannabis Startups

Startup founders often become swept up in the day-to-day on early product development and business development or other matters and may forget to pay adequate attention to initial company ownership and equity rights matters. It is nonetheless essential to document all equity issuances intended in real time, including documenting founders’ capitalization as soon as possible after entity formation.   A

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Did the Agriculture Improvement Act of 2018 (the “Farm Bill”) legalize CBD?
Regulatory Compliance
Josh Zetlin

So, did the Agriculture Improvement Act of 2018 (the “Farm Bill”) legalize CBD?

For years most only associated cannabis with THC, the most famous – and psychoactive – of the approximately 113 phytocannabinoid chemical compounds in the cannabis plant.  Lately, however, cannabidiol, otherwise known as CBD, has grabbed much of the attention from its psychoactive counterpart. These days it seems like new CBD-infused products hit our shelves every day. People can now buy

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Mediation and Other Forms of Alternative Dispute Resolution for Cannabis Businesses
Disputes & Litigation
Ken Stratton

Mediation and Other Forms of Alternative Dispute Resolution: A Perspective for Cannabis Businesses

Recently I attended an informative program on mediation hosted by the San Francisco Bar Association (the “BASF”). In this blog, I share a handful of the panelists’ excellent observations and offer up a few thoughts of my own about the value of well-managed alternative dispute resolution, especially mediation, to cannabis operators. What is Alternative Dispute Resolution (“ADR”)? As you probably

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Copyrights represent a key type of intellectual property for many cannabis businesses.
Intellectual Property
Josh Zetlin

Understanding Copyright Registration and Enforcement for Cannabis Brands

What Qualifies for a Copyright? Copyright is a form of intellectual property that grants the creator of an original work the exclusive right to determine whether, and under what conditions, this original work may be used by others. Under US law, copyright protection exists “in original works of authorship fixed in any tangible medium of expression, now known or later

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The Bureau of Cannabis Control’s Equity Grant Administered Under The California Cannabis Equity Act of 2018
New and Pending Legislation
Lindsay Whyte

All You Need to Know About The Bureau of Cannabis Control’s Equity Grants in California

The California Cannabis Equity Act of 2018 At the beginning of March 2019, the Bureau of Cannabis Control (“BCC” or the “Bureau”) announced that between March 1, 2019 and April 1, 2019, it is accepting applications for grant funding authorized by the California Cannabis Equity Act of 2018 (Senate Bill 1294). The intent of the Cannabis Equity Act is to

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Financing Considerations for Startups and Early Stage Cannabis Businesses
Corporate & Transactional
Hilary St. Jean

Cannabis Startup 101: Financing Considerations for Early Stage Businesses

There are many considerations that come into play with financing early stage businesses, including how to budget appropriately for the business to be successful and how to structure capital raises, among other concerns. Budgeting With Risks In Mind Early stage companies – whether in the cannabis space or otherwise – often need more frequent infusions of capital than established businesses

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Here is What Senate Bill 67 Means for Cannabis Businesses with Expiring Temporary State Licenses
Permitting And Licensing
Lindsay Whyte

Senate Bill 67 and What it Means for Businesses with Expiring Temporary Cannabis Licenses

How Temporary Cannabis State Licenses Came About As part of the enactment of the legal California cannabis regime, the three state licensing agencies (the Bureau of Cannabis Control, the CA Department of Public Health, and the CA Department of Food and Agriculture) were granted authority to issue Temporary State Licenses during 2018, which allowed cannabis businesses to operate while they

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LA's two-part Phase III licensing process for Type 10 cannabis storefront dispensary applicants.
Permitting And Licensing
Blair Gue

Los Angeles: Another Phase III Cannabis Business Licensing Update

On March 8, 2019, the Los Angeles City Council met and adopted the recent recommendations from the Rules, Elections, and Intergovernmental Relations Committee (“Committee”) regarding updates to the Department of Cannabis Regulation’s (“DCR”) licensing process. By adopting the recommendations, City Council requested that the City Attorney, with the help of the DCR, prepare and present an ordinance that makes a

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Cannabis Cultivation in Protected Watersheds
Land Use & Zoning
Lindsay Whyte

What Commercial Cannabis Cultivators Need To Know About Regulations Surrounding Cultivation in Protected California Watersheds

It is essential for cannabis cultivators to be aware that their right to cultivate cannabis is NOT solely determined by their compliance with local regulations and submittal of a complete application to CalCannabis. Within the CalCannabis Regulations is a provision – Section 8216 – that allows for CalCannabis, in connection with the California Department of Fish and Wildlife (“DFW”) and

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