LEX CANNA

New California Cannabis Regulations Create Uncertainty For Corporate Owners

On October 19, 2018 California’s three state cannabis licensing authorities published proposed changes to the forthcoming state rules governing the cannabis industry.  While there are numerous revisions that will impact operators, one provision of the changes stands out for investors in the cannabis space. Previous iterations of the cannabis regulations required limited disclosure of merely […]

Is the De Minimis Rule dead in California?

On July 26, 2018, the California Supreme Court unanimously held in Troester v. Starbucks Corporation that California’s wage and hour statutes and regulations have not adopted the federal de minimis doctrine.  The de minimis doctrine is based on the Latin phrase de minimis non curat lex, which means “the law does not concern itself with […]

Peter Kiel Joins DP&F Land Use and Water Law Groups

Peter Kiel, an expert in California water law, has joined the Napa and Santa Rosa offices of Dickenson, Peatman & Fogarty as a Partner.  Peter comes from a boutique water and energy firm in Sacramento where he worked on the full array of legal issues related to surface water and groundwater, including water rights, the […]

California Supreme Court Redefines Independent Contractor Analysis

On April 30, 2018, the California Supreme Court issued its ruling in Dynamex Operations West, Inc. v. Superior Court, completely overhauling (but not overruling) the independent contractor standard previously set forth in the seminal case of S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal. 3d 341. All businesses using independent […]

Can CA Hold Weedmaps Accountable for Unlicensed Cannabis Advertisements?

Have you heard of the “Yelp” of cannabis? If not, here it is: Weedmaps. Weedmaps is a consumer-facing digital platform that allows businesses—including those without a license to conduct cannabis business—to advertise regarding their products, services and location. The Controversy Weedmaps enables licensed and unlicensed cannabis retailers to advertise. When businesses with cannabis licenses advertise, […]

Breathing Room? Feds May Not Target Cannabis for Prosecution, After All

Back in January, when U.S. Attorney General Jeff Sessions announced that he was rescinding the Obama-era “Cole Memo,” much speculation ensued about the practical effects, if any, of the move. To some, it suggested that Mr. Sessions was launching “a new war on marijuana legalization.” Others saw opportunity because it might force Congress to take […]

Federal Enforcement Update: Can Again Kicked Down the Road

As we explained in our previous post, the Rohrabacher-Blumenauer Amendment protects against federal enforcement of the Controlled Substances Act with respect to medical cannabis in states that have legalized it. The Amendment has been included in spending bills since fiscal year 2015. That means every Congressional debate over a new spending bill has been a […]

Federal Enforcement: Where Do We Stand?

While turmoil swirls in Washington, and with California’s state-legal cannabis industry just getting started, here is a check-in on the prospect of enforcement of the federal laws against cannabis. Cole Memo In January, Attorney General Jeff Sessions announced that he was rescinding the “Cole Memorandum.” That memorandum provided guidance to federal prosecutors with respect to […]

CDTFA CANNABIS TAX ANNOUNCEMENTS

The California Department of Tax and Fee Administration (“CDTFA”) recently released new tax guidance concerning cannabis. In one release, CDTFA provided an explanation concerning the excise tax and its application to products that were in retailers’ inventories as of January 1, 2018. Retailers must collect the 15% excise tax from their customers and pay the […]

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