Legal Insights

Perspectives on Cannabis, Hemp, Beverage and Psychedelic Law

Cannabis Beverage Packaging Regulations
New and Pending Legislation
Rogoway Law Group

AB 1646 Would Update Packaging Requirements for Cannabis Beverage Products

What problem does AB 1646 address? When California legalized adult-use cannabis in 2016, the cannabis beverage sector was a negligible part of the cannabis industry. Initial cannabis packaging laws and regulations were formulated without taking into account the specific requirements of cannabis beverage manufacturers and consumers. And even though the cannabis beverage sector is one of the fastest-growing sectors of

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New and Pending Legislation
Blair Gue

NY’s State Sponsored Cannabis Education Programs: A Model for States with Legal Cannabis Regimes

As more and more states move to legalize medical and/or recreational cannabis use and business, the education of the masses is usually left on the back-burner as governments push toward permitting and licensing businesses rather than conducting community outreach and providing cannabis education programs to the public. While states like California and Washington have educational components on their state licensing

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Trademark Opposition for Cannabis and Beverage Businesses
Intellectual Property
Josh Zetlin

Trademark Opposition Proceedings for Cannabis and Beverage Businesses

Trademarks represent important corporate assets of all consumer-facing companies, especially those in highly regulated industries, like the cannabis or beverage industries.  The intellectual property comprising a company’s brand sets a business apart from its competitors and can even help overcome the stigma traditionally associated with many highly regulated industries. An important aspect of creating, owning and utilizing these important intellectual

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New and Pending Legislation
Blair Gue

US House of Representatives Passes Cannabis Decriminalization Bill, the MORE Act

On Friday, April 1, 2022, the United States House of Representatives passed H.R. 3617, the Marijuana Opportunity Reinvestment and Expungement Act (the “MORE Act”). The MORE Act would, among other things, remove cannabis from the schedule of controlled substances outlined in the federal Controlled Substances Act, provide for the regulation of cannabis sales, eliminate criminal penalties for the possession, manufacturing,

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New California Cannabis Business Resources from the Department of Cannabis Control (DCC)
Regulatory Compliance
Blair Gue

7 Cannabis Business Resources Available Through DCC’s CannaConnect

The California Department of Cannabis Control (“DCC”) just announced the release of its newest resource for California commercial cannabis businesses, CannaConnect. Described as a webpage that will be updated frequently, CannaConnect acts as a “cannabis compliance hub” for licensees and those wishing to learn more about operating a licensed commercial cannabis business in California. So, what kind of resources does

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The Importance of Commercial Contracts in Cannabis
Corporate & Transactional
Hilary St. Jean

The Importance of Commercial Contracts in the Cannabis Industry

In today’s volatile marketplace amid the pandemic and a generally competitive cannabis industry with supply, demand and tax issues, it is more crucial than ever to set clear expectations between commercial operators.  We often encounter clients that need to chase payment for their purchase orders or that have another dispute over a payment or performance issue in the commercial context.

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California State Cannabis Enforcement Actions and Discipline
Enforcement Actions & Discipline
Joe Rogoway

Your Guide to California State Cannabis Enforcement Actions and Discipline

The original post was published on May 7, 2020. It has since been updated by Firm Partner Blair Gue to reflect the changes in the regulatory bodies governing California’s cannabis industry. You can access the archived original post here. The below is a brief description of the process involved in an administrative enforcement action brought by the Department of Cannabis

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Are Baseless Claims of Terpene Drift a Valid Legal Concern for Cannabis Cultivators?
Disputes & Litigation
Josh Zetlin

Are Claims of Terpene Drift and Taint a Legal Concern for Cannabis Cultivators?

Cannabis Terpenes in Wine? Recently, the cannabis industry has been beset by claims from vineyards and other agricultural interests that “terpene drift” and “terpene taint” from cannabis risks harming grapes and affecting the taste of wine. This often represents a clash between legacy agriculture (vineyards) and new upstarts (cannabis cultivators) in regions traditionally associated with wine. However, despite the vocal

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Los Angeles County is to start the development and implementation of an equitable commercial cannabis licensing program.
New and Pending Legislation
Blair Gue

Los Angeles County to Create and Implement a Commercial Cannabis Licensing Program

According to a press release from the Los Angeles County Department of Consumer and Business Affairs (“DCBA”), “on February 15, 2022, the County of Los Angeles Board of Supervisors passed a motion directing the Department of Consumer and Business Affairs’ Office of Cannabis Management to start the development and implementation of an equitable commercial cannabis licensing program” for the unincorporated

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