How Will the USDA Hemp Rules Affect California?

In mid-October, California Governor Gavin Newsom approved a bill (SB-153) that dramatically changed California's hemp cultivation laws. The bill was clearly intended to bring California closer into harmony with the 2014 and 2018 Farm Bills, in anticipation for the state's ultimate submission of a statewide hemp production plan to the U.S. Department of Food and

canna law blog

Los Angeles Cannabis Retail Licensing May Get Derailed

Getting a cannabis license in Los Angeles has been notoriously difficult—and may be about to get worse as news dropped last week that a Los Angeles City Council member is recommending that the most recent phase of licensing applications essentially be suspended. For some background on LA's complicated licensing process, it has proceeded to date

canna law blog

California's New Housing Laws and Cannabis in Residential Leasing

Recently, Governor Newsom signed 18 bills aimed to combat the housing crisis in California, including the Tenant Protection Act of 2019. When I spoke at the California Association of Realtor's Legal Affairs conference a couple of weeks ago, I was asked whether cannabis activity could be considered grounds for "just cause" eviction under the new Tenant

canna law blog

Five Common Problems in California Cannabis M&A Transactions

Now that we’re about two years into California cannabis licensing, our California cannabis attorneys are seeing a huge uptick in mergers and acquisitions in the cannabis space. It’s critical for potential M&A transactions to understand California cannabis laws and regulations and ensure that any M&A contracts are drafted with the regulations in mind. This is

canna law blog

Terrible, No Good California Cannabis Distribution Contracts

Since January 2018, distributors have played an interesting role in California cannabis. From a regulation perspective, dealing with a distributor is not optional. However, from the business decision vantage point, they're not all that necessary. Still, some manufacturing and cultivation licensees opt to utilize distributors for sales and retail relationships with the distributor attempting to

canna law blog

California’s Right to Farm Laws, Pesticide Drift, Wine and Weed

California, like other states, has a Right to Farm Act that is intended to protect agricultural activity, and many counties have their own local right to farm ordinances as well. California’s Right to Farm Act provides: “No agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent

canna law blog

The Regulatory Twilight Zone: California Cannabis Transactions

For years now, I've seen and analyzed many different cannabis business relationships across the industry spectrum. Specifically, many proposed and draft agreements have come across my desk detailing the contractual relationships between a variety of parties in the cannabis industry for various purposes--from investors, ancillary services providers, and licensees to intellectual property holding companies, equipment

canna law blog

An Update on California's Proposed Hemp and CBD Laws

California's legislature introduced a potentially game-changing hemp-derived cannabidiol ("Hemp CBD") bill in January 2019: Assembly Bill 228 (“AB-228”). For those of you who aren't familiar with AB-228, see my posts here, here, here, and here. AB-228 would change California's anti-Hemp CBD policies, and the highlights of some of the more significant changes from the recent version are: Licensed cannabis companies

canna law blog

The Biggest Pitfalls of California Cannabis Leases in 2019

We've written many times about how commercial leases to cannabis tenants are their own beasts. Generic leases don't ever the job done. And, in California, as bad as some landlords want to rely solely on AIR and CAR forms, we generally caution landlords to have a customized lease arrangement when dealing with a cannabis tenant.

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