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

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

Los Angeles Department of Cannabis Regulation Recommends Major Changes to its Phase III Storefront Cannabis Retail Licensing Process

Major Changes Recommended for Los Angeles’ Phase III Storefront Cannabis Retail Licensing Process

On February 8, 2019, the Los Angeles Department of Cannabis Regulation (“the DCR”) issued a report to the City’s Rules, Elections, Intergovernmental Relations Committee (the “Committee”) recommending a number of amendments to the City’s cannabis program that it believes will make the licensing process more efficient, transparent and equitable. The ten-page report signals a significant shift in DCR policy and

Rogoway Law Group February 12, 2019

California recently tasked CalCannabis with developing a process for licensed cannabis cultivators to establish state cannabis appellations - the CalCannabis Appellations Project.

What the CalCannabis Appellations Project means for California Cannabis Cultivators, Manufacturers & Retailers.

Tequila from Mexico, Roquefort cheese from France…cannabis from Humboldt?! Consumers around the world place great importance on the place of origin for many agricultural products, foodstuffs, wine and spirit drinks, handicrafts, and industrial products. This trend holds true in the cannabis industry. Many in cannabis companies recognize the importance of promoting the geographic origin, otherwise known in trademark lingo as

Josh Zetlin February 11, 2019

Cannabis Tax Requirements for California Cannabis Businesses

CDTFA’s Cannabis Tax Requirements for California Businesses

Please Note: Some rates mentioned in this post are no longer effective as of 2020. Changes to California cannabis tax rates are discussed in our post here. ___ It is important for all commercial cannabis business operators to be well-versed in the tax requirements they will be subject to. The California Department of Tax and Fee Administration (CDTFA) has made

Rogoway Law Group January 22, 2019

FDA Regulation of Hemp Post Agricultural Improvement Act of 2018

On December 20, 2018, the Agricultural Improvement Act (“AIA”) of 2018 was signed into law. Among the changes made within the AIA was the long-awaited legalization of industrial hemp. The AIA removes hemp (defined as cannabis and derivatives of cannabis with less than 0.3% THC on a dry weight basis) from the Controlled Substances Act (“CSA”). This removal of hemp

Rogoway Law Group January 17, 2019

“Gram Shop” Laws For Cannabis Businesses in California

“Gram Shop” Laws – What They Are and Why We Need Them in California

Consumer product companies typically reduce their product liability risk by focusing on product design, safety testing, and quality control. If a product is well made (for example, if it is not defective or adulterated), then its seller generally knows no one is likely going to sue for injury or harm arising out of the product’s use. However, this is

Rogoway Law Group January 9, 2019

Bureau of Cannabis Control California's Proposed Regulations for Cannabis Businesses

Bureau of Cannabis Control’s Newly Proposed Regulations

The Bureau of Cannabis Control recently announced the release of final proposed cannabis regulations which were submitted December 3, 2018 to the California Office of Administrative Law (OAL) and are currently under review by OAL. The proposed changes will not be in effect until they are approved by OAL but we expect them to go into effect, as drafted, upon

Hilary St. Jean January 8, 2019

A Wage & Hour Primer for HR Managers of California Cannabis Businesses

A Wage & Hour Primer for HR Managers of Cannabis Businesses

We are offering the following observations so that HR managers in the cannabis field can better understand some of the rules that govern wage and hour requirements here in California. These rules are important because failure to follow them can expose employers (the operating cannabis companies) and sometimes their executives to significant civil fines and penalties and, in the case

Rogoway Law Group December 20, 2018

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