large cultivation license

California Will Allow Large Cultivation Licenses

On January 1, 2023, California’s Department of Cannabis Control (DCC) will begin accepting applications for large cultivation licenses for the first time ever. California law authorized large cultivation licenses years ago. But, the law caveat was that applicants could not apply for large cultivation licenses until 2023. And on June 17, the DCC announced it

los angeles cannabis retail license lottery

More on the LA Cannabis Retail License Lottery

We have more details for you regarding the Los Angeles cannabis retail license lottery, following last week’s post on the topic. We combed the Department of Cannabis Regulation’s (“DCR”) website and came up with answers to the three most important questions about the retail lottery. 1. When will the retail lottery occur? DCR anticipates that

cannabis litigation

Affirmative Defenses to Breach of Cannabis Contract Claims

In almost every cannabis litigation webinar we’ve done, and in many of our past posts discussing breach of cannabis contracts (the general breakdown of this claim is here), we’ve stressed the importance of memorializing good cannabis business agreements – in writing – to save yourself from potential or protracted litigation down the line. Still, even

los angeles cannabis retail license lottery

LA Cannabis Licensing: Retail Round Two is Here!

After many delays, controversies, and changes to the regulations, Los Angeles is getting closer to opening its second (and last) round of retail licensing. Based on the timeline laid out by the LA Cannabis Regulations, Retail Round Two will open either around the end of 2022 or sometime in early 2023. This round will be

California cannabis claims

California Cannabis Claims: Conversion

We’re back with the newest part in our series on common California cannabis claims. Today, we’ll be covering one we often see in the context of buyer v. seller disputes: conversion. How does California define a conversion claim? The technical definition of conversion is “the wrongful exercise of dominion over the personal property of another.”

independent contractor exceptions

California Cannabis Workers: Independent Contractor Exceptions

California deems nearly all kinds of workers employees. There are, however, some important circumstances where workers may be classified as contractors. In my first post of this series, “Classifying California Cannabis Workers,” I explained the basics of employee versus independent contractor classification. Today, I look at some of the key independent contractor exceptions for California

right entity for a cannabis business

Choosing the Right Entity for a Cannabis Business: Corporations

One of the most important decisions a new cannabis business can make is the form of entity it will use. In fact, one of the first questions businesses ask is whether the right entity for a cannabis business is a limited liability company (LLC), corporation, or something else. Like basically every other legal analysis, the

fire season is coming

Fire Season is Coming, Again

Last summer, I wrote a post called “Fire Season is Coming.” Given the massive expected California droughts, it’s pretty safe to assume that fire season is coming, again. Today, I want to recap some of the issues that we’re likely to see in the coming months. As we learned in prior fire seasons, the cannabis

california cannabis workers

Classifying California Cannabis Workers

California is one of the trickiest states in the U.S. for employers, and especially for cannabis employers. The numerous, byzantine requirements here simply don’t exist in many other states. Classifying California cannabis workers is one of the biggest challenges for local industry. Cannabis companies often think they can get around employment law requirements by calling

state cannabis regulation

Ten Recommendations for State Cannabis Regulation

Unfazed by the federal leadership vacuum on cannabis, states continue to roll out cannabis proposals and programs. A total of 34 states considered cannabis reform proposals in 2021. Another 32 proposals (some of them pre-filed in 2021) are up for discussion here in 2022. These proposals range from limited decriminalization measures to comprehensive, adult use