Legal Insights

Rogoway Law Group

Important Environmental Requirements for California Cultivators

CalCannabis anticipates that it will start issuing state cannabis cultivation licenses — both temporary and annual — on January 1, 2018. Applications are not yet available, but will be soon. Before applying for a state cultivation license, there are two things you must do to ensure compliance with environmental regulations pertaining to water use and discharge: all cultivators — regardless

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Cannabis Business Laws in Los Angeles, Califonia
Joe Rogoway

Los Angeles Has Cannabis Laws (Finally)

LA City Council Passed Cannabis Ordinance & Regulations on Dec. 6, 2017* First, here’s the Ordinance (Sec. 104) and the implementing Regulations. These two docs regulate cannabis businesses in LA. We’re beginning to digest these and will post commentary soon. In the mean time, everyone should start thinking about the Zoning Ordinance (Sec 105). Zoning determines whether your business can operate at a

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Prop. 65 And Cannabis Businesses In California
Joe Rogoway

What is Prop. 65 and Why Should Cannabis Businesses in California Care About it?

California’s Proposition 65 is a law passed by voters in 1986. It requires businesses to provide a “clear and reasonable warning” when they expose consumers to chemicals known to cause cancer, birth defects, or other reproductive harm. Violating Prop 65’s warning requirement can lead to penalties as high as $2,500 per day. The Office of Environmental Health Hazard Assessment adopted

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Rogoway Law Group

October 31 Deadline Approaching! Apply for a Surface Water Right with the State Water Resources Control Board

Cannabis cultivators must identify their water source(s) as part of their CalCannabis application(s) to obtain a state license. The deadline to submit an application to the State Water Resources Control Board (“Water Board”) to obtain a surface water right for cannabis cultivation is October 31, 2017. This deadline was extended from the original July 1, 2017 deadline in the Medicinal and Adult-Use Cannabis Regulation

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Rogoway Law Group

California Department of Food and Agriculture Releases Proposed Cultivation and Tracking Regs

On April 28, 2017, the California Department of Food and Agriculture released proposed regulations to establish cannabis cultivation licensing and a track-and-trace program. The proposed regulations define the cannabis cultivation licensing process and triggers a 45-day public comment period. The last day to submit written comment to the Department is June 12, 2017. However, those who wish to be heard can also attend

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Rogoway Law Group

California Bureau of Marijuana Control Releases Proposed Text of Regulations

On April 28, 2017 the Bureau of Marijuana Control released its first set of proposed regulations. The release of regulations triggers the requirement for the Bureau to hold hearings at which the public can comment on the regulations. Those who wish to make oral comment on the proposed regulations may do so by attending one of the four scheduled hearings. Hearing details are listed below: June

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2017 Guide to CA Cannabis Legislation: Two More Cannabis-Related Bills
Joe Rogoway

2017 Guide to CA Cannabis Legislation: Two More Cannabis-Related Bills

This is the third issue in our 2017 CA Cannabis Legislation Guide, an overview of California lawmaking during 2017. We will cover at least 46 pending items that may shape California cannabis legislation and how California regulates cannabis. Today, we will address AB 729, and AB 948: two of the twelve pending bills directed at cannabis licensing and regulation. California Cannabis Legislation: Overview of Legislative Calendar The

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Measure A Passed- Get Ready for Permitting

Sonoma County voters overwhelmingly approved Measure A, which authorizes up to a 10% tax on gross receipts for all segments of the commercial cannabis industry. While the actual imposed rate remains to be determined, the passage of this measure means the County no longer has any reason to delay issuing permits to operators. We have received confirmation that permits will

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Cannabis Compliance: No. 1 Thing to Focus On, Given Uncertainty with Feds
Rogoway Law Group

Cannabis Compliance: No. 1 Thing to Focus On, Given Uncertainty with Feds

What California Cannabis Industry Players Should Take Away from Recent Statements by Trump Administration? Amid a lot of noise about cannabis laws, there are actual developments. First, the Trump Administration signaled its tolerance for medical cannabis but predicted “greater enforcement” against recreational cannabis. Then, Attorney General Sessions criticized arguments in favor of legalization commonly advanced in states like Colorado (where recreational

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2017 California Legislative Guide for the Cannabis Industry
Joe Rogoway

2017 California Legislative Guide for the Cannabis Industry

This is the first posting in a series intended to provide an overview and ongoing updates of California lawmaking during 2017. Over coming days and weeks, we give an overview of the 46 different items currently pending in Sacramento, including legislation, budget bills, joint resolutions, and the Governor’s budget proposal, each of which may affect how cannabis is regulated in

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