Legal Insights

Copyrights represent a key type of intellectual property for many cannabis businesses.
Josh Zetlin

Understanding Copyright Registration and Enforcement for Cannabis Brands

What Qualifies for a Copyright? Copyright is a form of intellectual property that grants the creator of an original work the exclusive right to determine whether, and under what conditions, this original work may be used by others. Under US law, copyright protection exists “in original works of authorship fixed in any tangible medium of expression, now known or later

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Financing Considerations for Startups and Early Stage Cannabis Businesses
Rogoway Law Group

Cannabis Startup 101: Financing Considerations for Early Stage Businesses

There are many considerations that come into play with financing early stage businesses, including how to budget appropriately for the business to be successful and how to structure capital raises, among other concerns. Budgeting With Risks In Mind Early stage companies – whether in the cannabis space or otherwise – often need more frequent infusions of capital than established businesses

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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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LA's two-part Phase III licensing process for Type 10 cannabis storefront dispensary applicants.
Rogoway Law Group

Los Angeles: Another Phase III Cannabis Business Licensing Update

On March 8, 2019, the Los Angeles City Council met and adopted the recent recommendations from the Rules, Elections, and Intergovernmental Relations Committee (“Committee”) regarding updates to the Department of Cannabis Regulation’s (“DCR”) licensing process. By adopting the recommendations, City Council requested that the City Attorney, with the help of the DCR, prepare and present an ordinance that makes a

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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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Finance 101 for Cannabis Startups: Budgets, Forecasts, and Foibles
Rogoway Law Group

Finance 101 for Cannabis Startups: Budgets, Forecasts, and Foibles

It’s no mystery that startups struggle to manage their budgets and company financials.  More often than not, early-stage companies have inaccurate financial forecasts; the fiscal runway isn’t long enough, and the budget falls short. The task of creating a projection at the start of a company is generally difficult for many reasons, including that the estimates used in the forecast

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Incorporating your cannabis business as a C Corp in light of the Tax Cuts and Jobs Act of 2017 (TCJA).
Rogoway Law Group

Double Taxation No More? Why C Corporations are Making a Comeback!

One of the perennial questions faced by taxpayers when forming a business is whether to incorporate it as a C Corporation or to form a flow-through entity such as an LLC, partnership, or S corporation. For most small business owners, the choice thus far has been a simple one: unless non-tax related considerations weighed heavily in favor of a C

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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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City of Los Angeles: Update on Department of Cannabis Regulations (DCR) Recommendations
Rogoway Law Group

City of Los Angeles: Update on Department of Cannabis Regulations (DCR) Recommendations

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

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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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