payment plans

California Cannabis Tax Payment Plans

Recently, numerous clients have come to us about issues with cannabis payment plans and the California Department of Tax and Fee Administration (“CDTFA“). Recall, there was a time in California (not that long ago) where certain cannabis companies threatened to just not pay their taxes because they believed the tax rate was too high. In

DCC inspections

California Cannabis: Get Ready for DCC Inspections

California’s Department of Cannabis Control (DCC) is the state’s primary cannabis regulatory authority. DCC’s predecessor agencies often gave several days’ advance notice before an inspection. Since its formation, DCC has taken a vastly different – and more aggressive – approach to cannabis inspections. Our California cannabis team is now seeing drop-in, no notice DCC inspections

CAURD applicants

What is a Labor Peace Agreement and Why Do CAURD Applicants Need One?

Conditional Adult Use Retail Dispensary (“CAURD”) license applicants and those applicants seeking unconditional licenses in New York must comply with the New York State mandate and enter into, maintain and comply with a Labor Peace Agreement (“LPA”) with a bona-fide labor union. However, an LPA is not required to apply for a CAURD license, but

new york cannabis licensing

New York Cannabis Licensing: THE Timing Update

The Office of Cannabis Management (OCM) provided an update on when New York’s adult-use cannabis market (in full) should start accepting New York cannabis license applications: the middle of 2023. As reported by NY Cannabis Insider, OCM Executive Director Chris Alexander responded to a question about growing and processing cannabis and provided this licensing timeline:

Proposition 65 cannabis

NEW Proposition 65 Cannabis Regulations

Proposition 65 cannabis regulations are no joke, and they continue to change. For better or worse, the Safe Drinking Water and Toxic Enforcement Act of 1986 (a/k/a Prop. 65) has long plagued California businesses. Cannabis businesses are no exception (see here and here). Prop. 65 requires businesses to provide “a clear and reasonable warning before they cause

alter ego liability

Cannabis Candy Co. Suit Spotlights Alter Ego Liability Theory

Published in Law360 on August 30, 2022. © Copyright 2022, Portfolio Media, Inc., publisher of Law360. Reprinted here with permission. A recently filed cannabis case in Oregon, Drops LLC v. La Mota LLC, demonstrates pleading of two forms of the alter ego theory of liability. Most lawyers and business owners know that one of the

illegality defense cannabis litigation

Cannabis Litigation: The Illegality Defense and Damages

Around this time last year, my colleague, Jesse Mondry, wrote about a District of Colorado case, entitled Sensoria, LLC et al. v. Kaweske, et al. , which involved a group of plaintiffs who sought to recover their investment in a cannabis business, Clover Top Holdings. The underlying set of facts involve an all-too-familiar cannabis investment

fda ftc cbd

The FTC, CBD, Consumer Safety and Refunds

I’m guilty of dunking on the Federal Trade Commission (FTC) in the past for not doing more to protect cannabis consumers, despite the current federal illegality of cannabis. That may be changing, at least with respect to CBD consumers. Before diving into this latest development, I should mention that historically, cannabis is treated differently from

Cannabis Law Section

Hilary Bricken to Present at Michigan State Bar Cannabis Law Section Conference

REGISTER HERE We’re excited to announce that our own Hilary Bricken will present for the Michigan State Bar’s Cannabis Law Section, in Cooperation with the Institute of Continuing Legal Education. Hilary’s presentation is titled: “The Current State and Future of Cannabis and Psychedelics.” It begins the morning of October 1 at 9:15 a.m. Here is