Cannabis Law Perspectives

Legal insights into california's cannabis industry

California Cannabis Appellations Program Proposed Regulations
Intellectual Property
Alexandra Burk

California Cannabis Appellations: The CDFA’s Proposed Regulations are Finally Here

It’s no secret that California’s temperate climate makes our state ideal for growing high quality agricultural produce. This also holds true for the cannabis industry, where cultivators in regions such as Humboldt and Mendocino county have reputations for the unique terpenes and flavonoids of the cannabis grown in these regions. In our previous post, we covered what the “appellation of

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Governor Newsom’s Budget Proposal: California Cannabis Licensing Agency Consolidation & Other Changes Relevant to Cannabis Businesses.
New and Pending Legislation
Blair Gue

Governor Newsom’s Budget Proposal: California Cannabis Licensing Agency Consolidation & Other Upcoming Changes

On January 10, 2020, the Bureau of Cannabis Control announced that Governor Newsom’s budget proposal includes a few items that will drastically change the way California commercial cannabis businesses obtain licenses and communicate with the state.  Governor Newsom today announced in his budget proposal plans to consolidate the three #cannabis licensing authorities into a single Department of Cannabis Control by

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How to Craft a Winning Illinois Department of Agriculture Cannabis Craft Grower Application
Permitting And Licensing
Blair Gue

Crafting a Winning Illinois Department of Agriculture Cannabis Craft Grower Application

As the State of Illinois’ Department of Agriculture prepares to to accept applications from craft growers, infusers, and transporters, applicants are scrambling to get the various application requirements prepared for submission. The Illinois Department of Agriculture will begin accepting applications on February 14, 2020 and will cease accepting applications on March 16, 2020 at 5:00 pm central time. Preparing the

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Cannabis businesses will be required to display their unique QR Code certificate under the Bureau of Cannabis Control's newly proposed emergency regulations.
New and Pending Legislation
Alexandra Burk

Bureau’s Proposed Emergency Cannabis Regulations Make QR Code Certificates Mandatory

In response to the recent cases of Vaping-Associated Pulmonary Injury in California (a.k.a “Vapegate”), the Bureau of Cannabis Control (Bureau) has proposed emergency cannabis regulations in an effort to help consumers identify fraudulent cannabis retailers selling unregulated and potentially dangerous cannabis products. Under these regulations proposed on January 23, 2020, all cannabis retail businesses will be required to post their

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The City Council of the City of Pomona approved the City’s cannabis overlay zone map on its first reading.
Permitting And Licensing
Blair Gue

City of Pomona Update! Cannabis Permitting Coming in 2020.

In April of 2019, the Pomona City Council adopted Ordinance 4257, which made it possible for the City to issue permits for commercial cannabis businesses within City limits. Since April, the City has been working to put together an application packet, zoning regulations, and other requirements for commercial cannabis businesses. On November 4, 2019, the Pomona City Council approved the

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20 Things to Do in 2020- New Year’s Resolutions for Cannabis Businesses!
Corporate & Transactional
Hilary St. Jean

20 Things to Do in 2020- New Year’s Resolutions for Cannabis Businesses!

1. Reconsider Corporate Structure: Is the entity type right for your business? Are investors indicating different preference (e.g. a corporation instead of a limited liability company)? Consider changing things up this New Year, subject to compliance considerations and limitations around permits and licenses, to align with general preferences and limitations on liability for cannabis businesses. 2. Ensure Written Policies and

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Licensee Timely Notification to California Cannabis Industry Regulators
Regulatory Compliance
Hilary St. Jean

Tick Tock: Licensee Timely Notification to Regulators

Managing all of the notifications required under applicable law to regulators for licensed cannabis companies can be challenging.  Many companies aren’t aware of required timelines or events requiring notification in order to appropriately notify the applicable regulatory bodies governing their licenses.  Keep in mind that any and all of the following events can trigger required notifications to regulators (this is

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How California cannabis companies can earn more money in 2020.
Corporate & Transactional
Hilary St. Jean

Clean the Slate: Ways to Make Money in 2020

As we get ready to ring in the New Year, we know cannabis businesses would like to hear their cash registers ringing as well. California cannabis companies have struggled recently with over-valuations, over-promised performance forecasts and under-delivery on revenues and forecasts. Investors have struggled to fully comprehend why their investments have not panned out as expected in the emerging legal

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Sonoma County's Draft Industrial Hemp Ordinance
Local Ordinances
Rogoway Law Group

Sonoma County’s Draft Industrial Hemp Ordinance: Thoughts and Takeaways

Sonoma County has released a draft industrial hemp ordinance, which, if passed, will lift the moratorium on hemp cultivation in the county. This is great news for the County. With wine grapes only fetching, on average, $3,000 per ton, the increasing popularity of plant-based milks (e.g., almond milk) and resulting dip in dairy sales, and the continued decline of local

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Trademark Infringement in the Cannabis Industry
Intellectual Property
Josh Zetlin

Trademark Infringement in the Cannabis Industry – What is it and What Can You Do About It?

As the cannabis industry grows and evolves, building a recognizable brand will become increasingly important. Strong and well-respected brand identities will help cannabis companies distinguish themselves from their competitors.  Because of this, trademarks (the intellectual property constituting a brand and its related goodwill) will undoubtedly become some of the most valuable assets owned by successful cannabis companies.   As trademarks gain

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