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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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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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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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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Sonoma County's Draft Industrial Hemp Ordinance
Local Ordinances
Charlie Lucero

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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Key Takeaways from USDA's Interim Final Rule For Hemp Production
Regulatory Compliance
Charlie Lucero

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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