Cannabis Law Perspectives

Legal insights into california's cannabis industry

Regulatory Compliance
Alexandra Burk

Requesting Relief From Cannabis Compliance Requirements Due to Wildfires

2020 Wildfires in California With lives lost, property destroyed, and millions facing power cuts, unbreathable air quality and dystopian orange skies, the 2020 California wildfires are on track to being the worst in recent history. Combined, the fires that have raged across California this year have burned more than 3 million acres, an area 26 times larger than what burned

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Bureau of Cannabis Control Releases New Branded Merchandise Guidelines
Regulatory Compliance
Blair Gue

Bureau of Cannabis Control Releases New Branded Merchandise FAQ Sheet

The Bureau of Cannabis Control recently released a new FAQ sheet about branded merchandise, and it contains important information for licensees to incorporate into their compliance review processes. For those who may not know, “branded merchandise” includes “clothing, hats, pencils, keychains, mugs, water bottles, beverage glasses, notepads, lanyards, or cannabis accessories with the name or logo of a state licensed

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Permitting And Licensing
Alexandra Burk

Additional Commercial Cannabis Licensees Are Now Eligible For 60-day Fee Deferrals

Businesses with BCC, CDFA, and CDPH cannabis licenses expiring during the time period referenced above (May 14, 2020 through June 30, 2020) are immediately eligible to have their licensing fees deferred. However, fee deferral is not automatic. In order to request a fee deferral, licensees must submit the necessary forms to the applicable licensing agency in the way prescribed by the applicable agency.

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Force Majeure Clauses: Pandemic-Proofing Cannabis & Hemp Industry Contracts in California
Corporate & Transactional
Josh Zetlin

Force Majeure Clauses: Pandemic-Proofing Cannabis & Hemp Industry Contracts in California

Due to government-issued shutdowns, quarantines, and employee wellness concerns,  industries worldwide are facing severe declines in productivity. While the world waits for a COVID-19 vaccine, as cannabis and hemp industry operators, you might have a lot of questions about whether or not your business is obligated to perform under its contracts in this time of crisis. Something called a “force

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San Francisco Office of Cannabis Takes Action to Keep San Francisco Cannabis Business Permit Applications Moving Forward Amidst COVID-19
Local Ordinances
Blair Gue

San Francisco’s Office of Cannabis Takes New Action to Keep Permit Applications Moving Forward Amidst COVID-19

On June 3, 2020, the San Francisco Office of Cannabis announced that it is adopting a temporary regulation to require applicants for Cannabis Business Permits to conduct required Community Outreach Meetings via virtual platforms. Specifically, applicants holding Community Outreach Meetings between June 3, 2020 and September 30, 2020 will be required to hold “Virtual Community Meetings” rather than in-person meetings

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CDFA's OCal Program - proposed regulations and public comment period for organic cannabis cultivation in California.
New and Pending Legislation
Blair Gue

CDFA’s OCal Program: Proposed Regulations and Public Comment Period

CalCannabis Cultivation Licensing, a division of the California Department of Food and Agriculture (CDFA), has released proposed regulations for the OCal Program. OCal is the proposed  statewide “organic” certification program for cannabis and cannabis products.   Once in effect, the OCal Program will ensure that cannabis and non-manufactured cannabis products bearing the OCal seal have been certified as consistent with predefined

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California's State Cannabis Licensees Are Now Eligible For 60-day Fee Deferrals
Permitting And Licensing
Blair Gue

California’s State Cannabis Licensees Are Now Eligible For 60-day Fee Deferrals

Businesses with BCC, CDFA, and CDPH cannabis licenses expiring during the time period referenced above (May 14, 2020 through June 30, 2020) are immediately eligible to have their licensing fees deferred. However, fee deferral is not automatic. In order to request a fee deferral, licensees must submit the necessary forms to the applicable licensing agency in the way prescribed by the applicable agency.

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California State Cannabis Enforcement Actions and Discipline
Enforcement Actions & Discipline
Joe Rogoway

Your Guide to California State Cannabis Enforcement Actions and Discipline

California state regulators have signaled that they will be increasing their focus on enforcement actions against both licensed and unlicensed cannabis industry operators. This heightened focus on enforcement and disciplinary actions can be an existential crisis for businesses in the crosshairs of California’s cannabis licensing authorities (Bureau of Cannabis Control (BCC); CalCannabis Cultivation Licensing, CDFA; Manufactured Cannabis Safety Branch, CDPH)

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USPTO Trademark Extensions due to COVID-19 Present an Opportunity for Cannabis and Hemp Companies.
Intellectual Property
Josh Zetlin

USPTO Trademark Extensions due to COVID-19 Present an Opportunity for Cannabis and Hemp Companies

As the COVID-19 pandemic sends shockwaves through society and impacts all businesses–including those in the cannabis and hemp industries–in countless ways, trademarks often take a back seat to more pressing concerns. Recognizing that trademarks nonetheless remain crucial assets of many businesses, the federal government recently took action in a way that stands to affect trademark matters for many cannabis and hemp

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Cannabis Business Operations During The COVID-19 Pandemic
Regulatory Compliance
Blair Gue

Changing Cannabis Business Operations During the COVID-19 Pandemic

As most are aware, in California cannabis has been deemed an essential medicine and therefore, cannabis licensees may continue to operate notwithstanding statewide stay at home orders so long as such operations comply with local and state rules and regulations. Any licensee that continues to operate must adopt social distancing and anti-congregating measures and must follow the CDC’s Interim Guidance for

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