Cannabis Law Perspectives

Legal insights into california's cannabis industry

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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Fast Funds For Cannabis Companies: Promissory Note Financings
Corporate & Transactional
Hilary St. Jean

Fast Funds for Cannabis Companies: Promissory Note Financings

Many cannabis companies are finding themselves strapped for cash and in need of emergency funding or interim financings between larger equity raises. Often these fast funds come in the form of loans from either existing investors or family and friends. These loans, more often than not, tend to take the form of a promissory note. Promissory notes are instruments that

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Labor Peace Agreement Requirement for Cannabis Operations in California as required by AB 1291
Labor & Employment
Ken Stratton

Getting “Real” About Labor Peace Agreements: Assembly Bill No. 1291 And Its Implications

Earlier this month, Governor Newsom signed into law Assembly Bill No. 1291 (“A.B. 1291”), which amends Section 26051.5 of California’s Business & Professions Code to strengthen California’s pro-union requirements for cannabis companies. Specifically, the new law, which will go into effect on January 1, 2020, rewrites the express union organizing commitments cannabis companies must make as part of their state

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Key Takeaways from USDA's Interim Final Rule For Hemp Production
Regulatory Compliance
Rogoway Law Group

Key Takeaways from USDA’s Interim Final Rules For Hemp Production

This morning, the U.S. Department of Agriculture (“USDA”) released a draft of its interim final hemp rules. The interim rules for hemp production are effective immediately upon publication in the Federal Register, however the published version may include “changes” from the draft Interim Rules. The published USDA interim rules for hemp production will be effective for two years after publication

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California Wildfires: Maintaining Compliant Cannabis Operations During Natural Disasters
Regulatory Compliance
Alexandra Burk

Maintaining Compliant Cannabis Operations During Natural Disasters

Wildfire Season in California With lives lost, property destroyed, and over half a million people facing power cuts, calling California wildfires disruptive would be an understatement. As of October 13, CAL FIRE  reported 4,878 fires and over 46,996 acres burned for 2019. At least two people have been confirmed dead in wildfires in Southern California, officials say. Multiple fires are

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Reporting Requirements for THC Concentration in Industrial Hemp
New and Pending Legislation
Rogoway Law Group

Opinion: California Should Adopt A Round Down Policy for Industrial Hemp THC Concentration Reporting

Current Reporting Requirements for THC Concentration in California Presently, in California, the law is silent on critical areas regarding THC reporting requirements for industrial hemp. As defined in the 2018 Farm Bill and SB-153, industrial hemp consists of Cannabis sativa cultivars that contain a THC concentration of no more than 0.3%. Under federal and state law, industrial hemp includes both

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