In-depth Insights by Lawyers in CA, OR, ME

Federal Trademark Registration for CBD Brands

Federal Trademark Registrations for Hemp-derived CBD Brands Following The 2018 Farm Bill

The United States Patent and Trademark Office (“USPTO”) has long refused to register trademarks and service marks for goods and/or services that violated federal law, regardless of the legality of the activities under state law. (See generally Trademark Manual of Examining Procedure (TMEP) §907.) As many cannabis and hemp brands know, this restriction made securing federal trademark protection a challenging

Josh Zetlin June 12, 2019

Section 26065 of MAUCRSA (Cal. Bus. & Prof. Code § 26065), which provides simply that employees “engaged in the cultivation of cannabis under this division shall be subject to Wage Order No. 4-2001 of the Industrial Welfare Commission.

Cannabis Cultivator Beware: A Wage & Hour Trap for the Unwary

Sometimes California’s cannabis laws can be surprising, even to the experts. Our firm came across one example of this recently: Section 26065 of MAUCRSA (Cal. Bus. & Prof. Code § 26065), which provides simply that employees “engaged in the cultivation of cannabis under this division shall be subject to Wage Order No. 4-2001 of the Industrial Welfare Commission.” A Brief

Rogoway Law Group June 6, 2019

The City of Los Angeles’ Social Equity Program Eligibility Verification Process Opens Today

Los Angeles’ Social Equity Program Eligibility Verification Process Opens Today (May 28, 2019)

The City of Los Angeles’ Social Equity Program (SEP) Eligibility Verification Process opens today and will be open for 60 (sixty) days. Potential Social Equity Applicants MUST complete the SEP Applicant Eligibility Verification Process in order to be eligible to apply for SEP Priority Processing for Phase III Storefront Retail and Delivery licenses. All those that become verified during the SEP

Rogoway Law Group May 28, 2019

Here is what you should do when facing an IRS Audit.

I’m being audited by the IRS. What do I do?

Receiving a letter from the IRS, any letter, can be a fear inducing experience. But receiving a letter informing that you are under audit and requesting – nicely at first – that you produce all books and records for the year(s) under review can be particularly devastating. It’s possible that you contemplated an audit for items of tax that you

Rogoway Law Group May 21, 2019

Is it legal to sell CBD products in the United States?

Federal Regulation of Hemp: Next Steps From The FDA

On December 20, 2018, the Agricultural Improvement Act of 2018 was signed into law, which removed hemp from the Controlled Substances Act and ensured that hemp is no longer an illegal substance under federal law. You can find more information on the Agricultural Improvement Act of 2018 here. FDA’s Potential Regulatory Pathways for Hemp-Based CBD On April 2, 2019, the

Rogoway Law Group May 13, 2019

LLCs & Corporations: Formation & Entity Structure Considerations

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

Rogoway Law Group May 3, 2019

The Growing Value of Domain Names in the Cannabis Industry

Domain names represent one of the most important, yet often overlooked, components of any cannabis company’s branding efforts. At a basic level, domain names allow consumers to find websites through easy-to-recall names (e.g. “www.rogowaylaw.com”) rather than the all-numeric IP addresses (such as “192.0.34.65”) assigned to each computer on the Internet. Each domain name is made up of a series of

Josh Zetlin April 25, 2019

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

Rogoway Law Group April 23, 2019

City of Pomona's Merit-Based, Four-Phase Application for Commercial Cannabis Business Permits

City of Pomona’s Four-Phase Application for Commercial Cannabis Business Permits

On April 1, 2019, the Pomona City Council met and adopted Ordinance 4257, which makes it possible for the City to permit commercial cannabis businesses within City limits. While there are still a number of things for the City to decide, including: how many permits will be issued for each type of commercial cannabis use, when permit applications will be

Rogoway Law Group April 17, 2019

Capitalization Basics for Cannabis Startups

Startup founders often become swept up in the day-to-day on early product development and business development or other matters and may forget to pay adequate attention to initial company ownership and equity rights matters. It is nonetheless essential to document all equity issuances intended in real time, including documenting founders’ capitalization as soon as possible after entity formation. A

Rogoway Law Group April 15, 2019

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