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

Will Cannabis Companies Slowly Become Life Science Companies? : A Perspective from a “Life Science – Cannabis” Attorney

People from the cannabis field will often ask me how practicing “cannabis law” compares to my time spent practicing “FDA” (a/k/a life science) law at two publicly traded biotechs and a global medical device manufacturer. Given the many similarities between the two industries, cannabis and life science, but with one industry firmly established on the national scene and the other

Rogoway Law Group December 19, 2018

Anticipating Due Diligence for Cannabis Industry Transactions

Due diligence plays an important role in many types of cannabis industry transactions. Due diligence involves a third-party conducting a thorough review of certain documents and records related to a business. As a best practice, cannabis companies should remain aware of the various times when third parties may conduct due diligence with respect to their business. Often investors participating in

Hilary St. Jean December 17, 2018

Hemp Industry New and Proposed Regulations

How Proposed and Current Regulations May Affect Your Hemp Business.

Federal Regulation of Hemp In 2014, US Congress passed the Farm Bill, which authorized states to implement pilot programs to study the cultivation of and market for industrial hemp. Within the Farm Bill, Congress defined industrial hemp as “Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than

Rogoway Law Group December 4, 2018

The Cannabis RICO Cases – Where Are They Now?

If you’ve been keeping up with cannabis litigation recently, you’ve probably noticed a growing number of cases brought against cannabis cultivators and dispensaries by angry neighbors alleging violations under the Racketeer Influenced and Corrupt Organizations Act (RICO), the federal anti-racketeering laws. This blog provides an update on the current status of these “cannabis RICO” cases, along with a prediction for

Rogoway Law Group November 27, 2018

Phantom Stock – Why Private Cannabis Companies Should Take Note

Privately held cannabis companies might want to give serious consideration to awarding their employees “phantom stock” rather than equity options. Working so close to Silicon Valley and its “option holder” millionaires, can make it easy for California entrepreneurs to forget the many challenges private companies face when awarding equity options to employees. Obviously, private companies lack a public market for

Rogoway Law Group November 21, 2018

“Off-Site” Cannabis Consumption: What You Need To Know

We have previously discussed in how the Medicinal and Adult Use of Cannabis Regulation and Safety Act (MAUCRSA) states that “a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness … if all of the following are met: Access to the area where cannabis consumption is allowed is restricted

Rogoway Law Group November 21, 2018

Cannabis Startup 101: Building a Strong Foundation for Your Cannabis Business

Starting a company is intimidating for most, if not all, early stage entrepreneurs. Often founders are product-focused and put legal concerns on the back burner in hopes that they can get up and running before incurring legal expenses. Unfortunately, in the cannabis space especially, it’s important to have legal advice at the outset of the business to avoid later excess

Hilary St. Jean November 1, 2018

Copyright Protection for Cannabis Businesses

Copyright Protection as an Alternative to Trademarks: A Guide for Cannabis Businesses

As most companies are well aware, a well-known brand (aka a trademark) represents one of a business’s most valuable assets. Companies spend thousands of dollars and countless hours developing a distinctive visual look, crafting the perfect logo, and devising ways to make their product packaging stand out from the crowd of competitors. It’s only natural for companies to vigorously protect

Josh Zetlin October 31, 2018

Three Important “Drafting Tips” When Negotiating Cross Border Cannabis Transactions

As the world continues to shrink, cross border transactions continue to become more common, even in the cannabis field where more countries are legalizing both medicinal and recreational use of cannabis. Today, there are at least thirty countries that allow the cultivation, manufacturing and use of medicinal cannabis (Argentina, Australia, Chile, Czech Republic, Denmark, Germany, Israel, Thailand, etc.). A handful

Rogoway Law Group October 30, 2018

Assembly Bill 1793 – What it Means For Those With Prior California Cannabis Convictions

Governor Jerry Brown recently signed a number of cannabis bills that were passed within the last year into law. Assembly Bill 1793 should be of particular interest to those with California State cannabis convictions in their past. AB 1793 allows those with prior California cannabis convictions to have those convictions automatically dismissed or redesignated, depending on the type of prior

Rogoway Law Group October 24, 2018

Legal Insights