Legal Insights

Phantom Stock For Cannabis Businesses
Rogoway Law Group

Phantom Stock – Why Private Cannabis Companies Should Take Note

Privately held cannabis companies might want to give serious consideration to awarding their employees “phantom stock” rather than equity options. Working so close to Silicon Valley and its “option holder” millionaires, can make it easy for California entrepreneurs to forget the many challenges private companies face when awarding equity options to employees. Obviously, private companies lack a public market for

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Off Site Cannabis Consumption
Rogoway Law Group

“Off-Site” Cannabis Consumption: What You Need To Know

We have previously discussed in how the Medicinal and Adult Use of Cannabis Regulation and Safety Act (MAUCRSA) states that “a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness … if all of the following are met: Access to the area where cannabis consumption is allowed is restricted

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Cannabis Startup 101: Building a Strong Foundation for Your Cannabis Business
Rogoway Law Group

Cannabis Startup 101: Building a Strong Foundation for Your Cannabis Business

Starting a company is intimidating for most, if not all, early stage entrepreneurs. Often founders are product-focused and put legal concerns on the back burner in hopes that they can get up and running before incurring legal expenses.  Unfortunately, in the cannabis space especially, it’s important to have legal advice at the outset of the business to avoid later excess

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Copyright Protection for Cannabis Businesses
Josh Zetlin

Copyright Protection as an Alternative to Trademarks: A Guide for Cannabis Businesses

As most companies are well aware, a well-known brand (aka a trademark) represents one of a business’s most valuable assets.  Companies spend thousands of dollars and countless hours developing a distinctive visual look, crafting the perfect logo, and devising ways to make their product packaging stand out from the crowd of competitors.  It’s only natural for companies to vigorously protect

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Cross Border Cannabis Transactions
Rogoway Law Group

Three Important “Drafting Tips” When Negotiating Cross Border Cannabis Transactions

As the world continues to shrink, cross border transactions continue to become more common, even in the cannabis field where more countries are legalizing both medicinal and recreational use of cannabis. Today, there are at least thirty countries that allow the cultivation, manufacturing and use of medicinal cannabis (Argentina, Australia, Chile, Czech Republic, Denmark, Germany, Israel, Thailand, etc.). A handful

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Tilray's implications for “medicinal” cannabis companies
Rogoway Law Group

What the Heck Happened Last Week at Tilray? And its implications for “medicinal” cannabis companies.

What Tilray’s IPO means for “medicinal” cannabis companies? Tilray, Inc. describes itself as “a global pioneer in the research, cultivation, production, and distribution of medical cannabis and cannabinoids.” However, last week’s events make a pretty good case that Tilray (Nasdaq: TLRY) is not a pharmaceutical company after all despite being branded as one by companies like Yahoo Finance. This is very good

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Los Angeles Cannabis Licenses: Phase II Eligibility Information
Rogoway Law Group

Los Angeles Cannabis Licenses: Phase II Eligibility Information

The City of Los Angeles anticipates opening up Phase II of its cannabis licensing process on August 1, 2018. To prepare potential applicants for the application process, the City released a set of guidelines that applicants can use to help establish eligibility for licensure. The document issued by the City is called Guidelines to Establish Eligibility Pursuant to LAMC Section

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Insurance coverage for cannabis businesses in California
Rogoway Law Group

Selecting the Right Insurance for Your Cannabis Business

California cannabis licensees face a lot of risks, from business competition to regulatory uncertainty, to unforeseen disasters and lawsuits of all types. Cannabis companies can act to protect themselves from certain risk by obtaining specific types of insurance. State-Mandated Insurance Requirements for Cannabis Businesses While the state’s governing statute for commercial cannabis activity, MAUCRSA, does not require cannabis companies to

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Rogoway Law Group

Converting Mutual Benefit Corporations into For-Profit Corporations

Over the past few months, many cannabis collectives organized as non-profit mutual benefit corporations under prior law, such as the 2004 Medical Marijuana Program Act, have asked us to help them convert into for-profit general share corporations (C Corps.). This isn’t surprising because the laws have changed and because cannabis operators wanting to attract new-money investors are learning fast that

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