Legal Insights

LLCs & Corporations: Formation & Entity Structure Considerations
Hilary St. Jean

Formation & Entity Structure: Important Considerations for Startups

Decisions, decisions! Businesses often wonder where to start in connection with pulling together corporate paperwork for initial operations, including as to how they should structure their businesses and what entity type to choose. Many new entrepreneurs don’t have a broad understanding of how different types of entities operate and why it’s important to consider a variety of factors when choosing

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3 Important Learnings from the 2019 California Cannabis Control Summit
Rogoway Law Group

3 Important Learnings from the 2019 California Cannabis Control Summit

The 2019 California Cannabis Control Summit, a gathering of municipal officials from across the state, focused on the various regulatory and enforcement challenges brought forth in the first year of California’s cannabis legalization through the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). This year’s summit, held in Sacramento, brought together a wide array of municipal officials – mayors

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Did the Agriculture Improvement Act of 2018 (the “Farm Bill”) legalize CBD?
Josh Zetlin

So, did the Agriculture Improvement Act of 2018 (the “Farm Bill”) legalize CBD?

For years most only associated cannabis with THC, the most famous – and psychoactive – of the approximately 113 phytocannabinoid chemical compounds in the cannabis plant.  Lately, however, cannabidiol, otherwise known as CBD, has grabbed much of the attention from its psychoactive counterpart. These days it seems like new CBD-infused products hit our shelves every day. People can now buy

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Here is What Senate Bill 67 Means for Cannabis Businesses with Expiring Temporary State Licenses
Rogoway Law Group

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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Cannabis Cultivation in Protected Watersheds
Rogoway Law Group

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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This blog grapples with a common misunderstanding about hemp and hemp-derived CBD in the United States, specifically the belief that everyone is now freely permitted to cultivate and sell hemp and products containing hemp-derived CBD.
Rogoway Law Group

Hemp in the U.S. – Not Quite a Genie Unleashed

This blog grapples with a common misunderstanding about hemp and hemp-derived CBD in the United States, specifically the belief that everyone is now freely permitted to cultivate and sell hemp and products containing hemp-derived CBD. In truth, the hemp genie remains confined by some very significant regulations and restrictions, some of which we summarize below and some of which we

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The latest CDPH Regulations regarding Cannabinoid - THC & CBD - Content Labeling
Rogoway Law Group

The Latest Approved CDPH Regulations (2019) for THC & CBD Content Labeling

In December 2017, California’s three cannabis licensing authorities – the Bureau of Cannabis Control (“BCC”), the California Department of Public Health (“CDPH”), and the California Department of Food & Agriculture (“CDFA”) – adopted emergency cannabis regulations designed to “clarify and make specific licensing and enforcement criteria for commercial cannabis businesses under the Medicinal and Adult-Use Regulation and Safety Act” (“MAUCRSA”).

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FDA's Hemp Regulations Post AIA
Rogoway Law Group

FDA Regulation of Hemp Post Agricultural Improvement Act of 2018

On December 20, 2018, the Agricultural Improvement Act (“AIA”) of 2018 was signed into law. Among the changes made within the AIA was the long-awaited legalization of industrial hemp. The AIA removes hemp (defined as cannabis and derivatives of cannabis with less than 0.3% THC on a dry weight basis) from the Controlled Substances Act (“CSA”). This removal of hemp

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“Gram Shop” Laws For Cannabis Businesses in California
Rogoway Law Group

“Gram Shop” Laws – What They Are and Why We Need Them in California

Consumer product companies typically reduce their product liability risk by focusing on product design, safety testing, and quality control. If a product is well made (for example, if it is not defective or adulterated), then its seller generally knows no one is likely going to sue for injury or harm arising out of the product’s use.   However, this is

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Bureau of Cannabis Control California's Proposed Regulations for Cannabis Businesses
Hilary St. Jean

Bureau of Cannabis Control’s Newly Proposed Regulations

The Bureau of Cannabis Control recently announced the release of final proposed cannabis regulations which were submitted December 3, 2018 to the California Office of Administrative Law (OAL) and are currently under review by OAL.  The proposed changes will not be in effect until they are approved by OAL but we expect them to go into effect, as drafted, upon

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