Cannabis Law Perspectives

Legal insights into california's cannabis industry

Mediation and Other Forms of Alternative Dispute Resolution for Cannabis Businesses
Disputes & Litigation
Ken Stratton

Mediation and Other Forms of Alternative Dispute Resolution: A Perspective for Cannabis Businesses

Recently I attended an informative program on mediation hosted by the San Francisco Bar Association (the “BASF”). In this blog, I share a handful of the panelists’ excellent observations and offer up a few thoughts of my own about the value of well-managed alternative dispute resolution, especially mediation, to cannabis operators. What is Alternative Dispute Resolution (“ADR”)? As you probably

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Copyrights represent a key type of intellectual property for many cannabis businesses.
Intellectual Property
Josh Zetlin

Understanding Copyright Registration and Enforcement for Cannabis Brands

What Qualifies for a Copyright? Copyright is a form of intellectual property that grants the creator of an original work the exclusive right to determine whether, and under what conditions, this original work may be used by others. Under US law, copyright protection exists “in original works of authorship fixed in any tangible medium of expression, now known or later

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The Bureau of Cannabis Control’s Equity Grant Administered Under The California Cannabis Equity Act of 2018
New and Pending Legislation
Lindsay Whyte

All You Need to Know About The Bureau of Cannabis Control’s Equity Grants in California

The California Cannabis Equity Act of 2018 At the beginning of March 2019, the Bureau of Cannabis Control (“BCC” or the “Bureau”) announced that between March 1, 2019 and April 1, 2019, it is accepting applications for grant funding authorized by the California Cannabis Equity Act of 2018 (Senate Bill 1294). The intent of the Cannabis Equity Act is to

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Financing Considerations for Startups and Early Stage Cannabis Businesses
Corporate & Transactional
Hilary St. Jean

Cannabis Startup 101: Financing Considerations for Early Stage Businesses

There are many considerations that come into play with financing early stage businesses, including how to budget appropriately for the business to be successful and how to structure capital raises, among other concerns. Budgeting With Risks In Mind Early stage companies – whether in the cannabis space or otherwise – often need more frequent infusions of capital than established businesses

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Here is What Senate Bill 67 Means for Cannabis Businesses with Expiring Temporary State Licenses
Permitting And Licensing
Lindsay Whyte

Senate Bill 67 and What it Means for Businesses with Expiring Temporary Cannabis Licenses

How Temporary Cannabis State Licenses Came About As part of the enactment of the legal California cannabis regime, the three state licensing agencies (the Bureau of Cannabis Control, the CA Department of Public Health, and the CA Department of Food and Agriculture) were granted authority to issue Temporary State Licenses during 2018, which allowed cannabis businesses to operate while they

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LA's two-part Phase III licensing process for Type 10 cannabis storefront dispensary applicants.
Permitting And Licensing
Blair Gue

Los Angeles: Another Phase III Cannabis Business Licensing Update

On March 8, 2019, the Los Angeles City Council met and adopted the recent recommendations from the Rules, Elections, and Intergovernmental Relations Committee (“Committee”) regarding updates to the Department of Cannabis Regulation’s (“DCR”) licensing process. By adopting the recommendations, City Council requested that the City Attorney, with the help of the DCR, prepare and present an ordinance that makes a

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Cannabis Cultivation in Protected Watersheds
Land Use & Zoning
Lindsay Whyte

What Commercial Cannabis Cultivators Need To Know About Regulations Surrounding Cultivation in Protected California Watersheds

It is essential for cannabis cultivators to be aware that their right to cultivate cannabis is NOT solely determined by their compliance with local regulations and submittal of a complete application to CalCannabis. Within the CalCannabis Regulations is a provision – Section 8216 – that allows for CalCannabis, in connection with the California Department of Fish and Wildlife (“DFW”) and

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Qualified Opportunity Zone (QOZ) Investing for Cannabis Businesses
Taxation
Rogoway Law Group

The Tax Code Giveth and The Tax Code Taketh Away: The Perils of Qualified Opportunity Zone (QOZ) Investing

The Tax Cuts and Jobs Act of 2017 (TCJA) added a community revitalization program to the tax code by providing incentives to taxpayers who invest capital gains in economically distressed areas. The program is designed to unlock billions of dollars in capital gains for investment in these areas, referred to as “Qualified Opportunity Zones.” Taxpayers who realize capital gains by

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Finance 101 for Cannabis Startups: Budgets, Forecasts, and Foibles
Corporate & Transactional
Hilary St. Jean

Finance 101 for Cannabis Startups: Budgets, Forecasts, and Foibles

It’s no mystery that startups struggle to manage their budgets and company financials.  More often than not, early-stage companies have inaccurate financial forecasts; the fiscal runway isn’t long enough, and the budget falls short. The task of creating a projection at the start of a company is generally difficult for many reasons, including that the estimates used in the forecast

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Incorporating your cannabis business as a C Corp in light of the Tax Cuts and Jobs Act of 2017 (TCJA).
Corporate & Transactional
Rogoway Law Group

Double Taxation No More? Why C Corporations are Making a Comeback!

One of the perennial questions faced by taxpayers when forming a business is whether to incorporate it as a C Corporation or to form a flow-through entity such as an LLC, partnership, or S corporation. For most small business owners, the choice thus far has been a simple one: unless non-tax related considerations weighed heavily in favor of a C

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