Cannabis Law Perspectives

Legal insights into california's cannabis industry

SB 34 Allows Donations of Cannabis and Cannabis Goods to Qualified Medicinal Patients
Regulatory Compliance
Blair Gue

SB 34 Allows Donations of Cannabis and Cannabis Goods to Qualified Medicinal Patients

The Bureau of Cannabis Control (“Bureau”) regulations prohibit licensed cannabis retailers from providing free cannabis goods to any person or allowing individuals who are not employed by the retailer to provide free cannabis goods to any person on the licensed premises. However, the regulations provide an exception to this prohibition for specified Medical Retailer licensees, Medical Retailer Non-storefront licensees, and

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New Cannabis Tax Rates in California
Regulatory Compliance
Blair Gue

Cannabis Tax Rates and the Proliferation of the Illicit Cannabis Market

It’s no secret that one of the issues plaguing cannabis industry operators across the country is the extremely high tax rates imposed on industry operators. However, operators aren’t the only people being hit by the effects of cannabis taxes – customers ultimately feel the weight of the taxes imposed every time they purchase products from a licensed cannabis retailer. While

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Cannabis cafes have popped up and are proving popular in West Hollywood and San Francisco but are not yet permissible in California on a widespread basis.
Permitting And Licensing
Hilary St. Jean

Why Cannabis Cafes Are Calling

In today’s California cannabis-friendly environment, consumers long for social atmospheres to legally catch up with the obvious state of affairs that cannabis is a popular consumable for both medical and recreational reasons. Cannabis cafes have popped up in California and are proving popular in places like West Hollywood and San Francisco but are not yet permissible under local laws in

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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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