In-depth Insights by Lawyers in CA, OR, ME

Here is What Senate Bill 67 Means for Cannabis Businesses with Expiring Temporary State Licenses

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

Rogoway Law Group March 21, 2019

LA's two-part Phase III licensing process for Type 10 cannabis storefront dispensary applicants.

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

Rogoway Law Group March 20, 2019

Cannabis Cultivation in Protected Watersheds

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

Rogoway Law Group March 12, 2019

Qualified Opportunity Zone (QOZ) Investing for Cannabis Businesses

The Tax Code Giveth and The Tax Code Taketh Away: The Perils of Qualified Opportunity Zone (QOZ) Investing

The Tax Cuts and Jobs Act of 2017 (TCJA) added a community revitalization program to the tax code by providing incentives to taxpayers who invest capital gains in economically distressed areas. The program is designed to unlock billions of dollars in capital gains for investment in these areas, referred to as “Qualified Opportunity Zones.” Taxpayers who realize capital gains by

Rogoway Law Group March 11, 2019

Finance 101 for Cannabis Startups: Budgets, Forecasts, and Foibles

It’s no mystery that startups struggle to manage their budgets and company financials. More often than not, early-stage companies have inaccurate financial forecasts; the fiscal runway isn’t long enough, and the budget falls short. The task of creating a projection at the start of a company is generally difficult for many reasons, including that the estimates used in the forecast

Rogoway Law Group March 8, 2019

Incorporating your cannabis business as a C Corp in light of the Tax Cuts and Jobs Act of 2017 (TCJA).

Double Taxation No More? Why C Corporations are Making a Comeback!

One of the perennial questions faced by taxpayers when forming a business is whether to incorporate it as a C Corporation or to form a flow-through entity such as an LLC, partnership, or S corporation. For most small business owners, the choice thus far has been a simple one: unless non-tax related considerations weighed heavily in favor of a C

Rogoway Law Group March 7, 2019

This blog grapples with a common misunderstanding about hemp and hemp-derived CBD in the United States, specifically the belief that everyone is now freely permitted to cultivate and sell hemp and products containing hemp-derived CBD.

Hemp in the U.S. – Not Quite a Genie Unleashed

This blog grapples with a common misunderstanding about hemp and hemp-derived CBD in the United States, specifically the belief that everyone is now freely permitted to cultivate and sell hemp and products containing hemp-derived CBD. In truth, the hemp genie remains confined by some very significant regulations and restrictions, some of which we summarize below and some of which we

Rogoway Law Group March 6, 2019

Tax Court Deals Another Blow to Cannabis Businesses – Planning for §280E After the Alternative Healthcare Decision

Since the Tax Court’s decision in CHAMP v. Commissioner, cannabis businesses have rarely snagged a tax victory. The Tax Court’s decisions in Patients Mutual v. Commissioner and Alternative Healthcare Advocates v. Commissioner, issued in November and December 2018, respectively, adds to the pile of crushing losses for cannabis business owners. What is §280E and what how does it apply to cannabis

Rogoway Law Group March 1, 2019

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

Rogoway Law Group February 21, 2019

The latest CDPH Regulations regarding Cannabinoid - THC & CBD - Content Labeling

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”).

Rogoway Law Group February 19, 2019

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