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
Since the Tax Court’s decision in CHAMP v. Commissioner, cannabis businesses have rarely snagged a tax victory. The Tax Court’s decisions in Patients Mutual v. Commissioner and Alternative Healthcare Advocates v. Commissioner, issued in November and December 2018, respectively, adds to the pile of crushing losses for cannabis business owners. What is §280E and what how does it apply to cannabis
On February 12, 2019, we discussed the Los Angeles Department of Cannabis Regulations (“DCR”) recommendations to the City’s Rules, Elections, and Intergovernmental Relations Committee (the “Committee”) regarding Phase III of the cannabis business licensing process. This is a brief update to that original post. On February 15, 2019, Kat Packer presented the DCR’s recommendations to the Committee. After hearing from
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”).
On February 8, 2019, the Los Angeles Department of Cannabis Regulation (“the DCR”) issued a report to the City’s Rules, Elections, Intergovernmental Relations Committee (the “Committee”) recommending a number of amendments to the City’s cannabis program that it believes will make the licensing process more efficient, transparent and equitable. The ten-page report signals a significant shift in DCR policy and
Please Note: Some rates mentioned in this post are no longer effective as of 2020. Changes to California cannabis tax rates are discussed in our post here. ___ It is important for all commercial cannabis business operators to be well-versed in the tax requirements they will be subject to. The California Department of Tax and Fee Administration (CDTFA) has made
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
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
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
We are offering the following observations so that HR managers in the cannabis field can better understand some of the rules that govern wage and hour requirements here in California. These rules are important because failure to follow them can expose employers (the operating cannabis companies) and sometimes their executives to significant civil fines and penalties and, in the case
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