Cannabis Law Perspectives

Legal insights into california's cannabis industry

Here is what you should do when facing an IRS Audit.
Taxation
Rogoway Law Group

I’m being audited by the IRS. What do I do?

Receiving a letter from the IRS, any letter, can be a fear inducing experience. But receiving a letter informing that you are under audit and requesting – nicely at first – that you produce all books and records for the year(s) under review can be particularly devastating. It’s possible that you contemplated an audit for items of tax that you

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Amendment to Senate Bill 7: Cannabis Regulation and Tax Act of Illinois
New and Pending Legislation
Blair Gue

What’s Next For Illinois State Senate’s Cannabis Regulation and Tax Act?

On May 6, 2019, the Illinois Cannabis Regulation and Tax Act was filed in the Illinois state Senate as an amendment to Senate Bill 7. The Act is 523 pages long and proposes to legalize adult-use cannabis in Illinois by January 1, 2020 with licensure of adult-use cannabis businesses starting May 2020. The Act proposes to tackle everything from personal

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Is it legal to sell CBD products in the United States?
New and Pending Legislation
Lindsay Whyte

Federal Regulation of Hemp: Next Steps From The FDA

On December 20, 2018, the Agricultural Improvement Act of 2018 was signed into law, which removed hemp from the Controlled Substances Act and ensured that hemp is no longer an illegal substance under federal law. You can find more information on the Agricultural Improvement Act of 2018 here. FDA’s Potential Regulatory Pathways for Hemp-Based CBD On April 2, 2019, the

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LLCs & Corporations: Formation & Entity Structure Considerations
Corporate & Transactional
Hilary St. Jean

Formation & Entity Structure: Important Considerations for Startups

Decisions, decisions! Businesses often wonder where to start in connection with pulling together corporate paperwork for initial operations, including as to how they should structure their businesses and what entity type to choose. Many new entrepreneurs don’t have a broad understanding of how different types of entities operate and why it’s important to consider a variety of factors when choosing

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Could Illinois be the Next State to Legalize Recreational Cannabis / Marijuana?
New and Pending Legislation
Blair Gue

Could Illinois be the Next State to Legalize Recreational Cannabis?

As many States in the Country move toward the legalization of cannabis, it looks like Illinois could be the next State to legalize recreational cannabis use. Recently, Heather Steans, a Democratic member of the Illinois Senate representing the 7th district, stated that she hopes to file a detailed and comprehensive recreational cannabis Bill by the end of April or very

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The Growing Value of Domain Names in the Cannabis Industry
Intellectual Property
Josh Zetlin

The Growing Value of Domain Names in the Cannabis Industry

Domain names represent one of the most important, yet often overlooked, components of any cannabis company’s branding efforts. At a basic level, domain names allow consumers to find websites through easy-to-recall names (e.g. “www.rogowaylaw.com”) rather than the all-numeric IP addresses (such as “192.0.34.65”) assigned to each computer on the Internet. Each domain name is made up of a series of

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3 Important Learnings from the 2019 California Cannabis Control Summit
New and Pending Legislation
Rogoway Law Group

3 Important Learnings from the 2019 California Cannabis Control Summit

The 2019 California Cannabis Control Summit, a gathering of municipal officials from across the state, focused on the various regulatory and enforcement challenges brought forth in the first year of California’s cannabis legalization through the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). This year’s summit, held in Sacramento, brought together a wide array of municipal officials – mayors

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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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