Legally-Blunt

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Legally-Blunt is a Manzuri Law Publication that focuses on cutting-edge legal issues and is part of our educational mission.

Two Important Pieces of CA Legislation Explained: CDFA’s Appellations Program and BCC’s Rules for Denial of Licensure Based on Prior Convictions

Posted by An-Chi Tsou | Oct 29, 2020 | 0 Comments

In response to their statutory mandates, California cannabis regulators have worked this year on draft regulations for the cannabis appellations program and implementation of AB 2138 (Chiu) regarding the rules for denial of licensure based on prior convictions. Under SB 67, the California Department of Food and Agriculture (CDFA) must finalize their standards on the appellations of origin program by January 1, 2021. AB 2138 went into effect on July 1 of this year and the Bureau of Cannabis Control released their first draft on AB 2138 implementation in mid-October. Read below to learn the details of both of these important pieces of legislation.

Cannabis Business Partnerships: Breaking Up is Hard to Do!

Posted by Meital Manzuri, Esq. | Oct 29, 2020 | 0 Comments

We are receiving more and more calls from individuals who are not getting along with their business partners, want to legally separate from them, and want our help in doing so. Generally, unless a buyout provision is included in the corporate paperwork, a forced separation from a partner or investor can be difficult and messy to effectuate and leaves a party susceptible to costly litigation with uncertain results. However, especially in the climate of social equity, when an investor has engaged in certain bad acts (as further described below), a party likely has a legal claim for separation.

Manzuri Law Featured in Los Angeles and San Francisco Daily Journal

Posted by Guest Author | Oct 20, 2020 | 0 Comments

Shane Nelson's Los Angeles & San Francisco Daily Journal article “A New Path,” profiles Manzuri Law in the October 19, 2020 issue. The article discusses how the firm is able to stay on top of the shifting regulatory landscape, and also mentions how founding partner Meital Manzuri is at the forefront of cannabis law related matters.

Newsom Decides on 2020 Cannabis Bills

Posted by An-Chi Tsou | Sep 30, 2020 | 0 Comments

Regardless of how tumultuous a year is, statutory deadlines remain the same, and thus we have reached the end of another legislative session. Governor Newsom delayed publishing decisions on most bills this year due to the wildfires throughout the state but has finally issued approvals or vetoes to all pending legislation.

Much Ado About the DEA Interim Final Rule; What’s The Deal With Hemp?

Posted by Nicole Aaronson, Esq. | Sep 29, 2020 | 0 Comments

On August 21, 2020, the Drug Enforcement Administration (DEA) published an interim final rule (IFR) to implement hemp-related amendments to the Federal Controlled Substances Act (CSA) that were made by the Agricultural Improvement Act of 2018 (the “2018 Farm Bill”). Certain language in the IFR, however, has the industry questioning whether this is actually the case, and raises questions about how the DEA plans to implement and enforce the amended regulations.

California Submits Proposed Hemp Regulations to the USDA - If Approved, Compliance Will be Key

Posted by Nicole Aaronson, Esq. | Sep 29, 2020 | 0 Comments

On September 21, 2020, the California Department of Food and Agriculture (CDFA) released its proposed Regulatory Plan for Hemp Production (the “Regulatory Plan”). Notably, the regulations provide guidelines for procurement of industrial hemp cultivation registration at the county and state level in furtherance of the federal Agricultural Improvement Act of 2018 (“2018 Farm Bill”) requiring that states promulgate their own industrial hemp plans or use those proffered by the USDA.

IRS Confirms 280E will Continue to Plague Cannabis Businesses While Proposed Bills and Legal Challenges Remain Pending

Posted by Tyler Hastings, Esq. | Sep 29, 2020 | 0 Comments

At the state tax level, California cannabis companies are not subject to 280E, but must still contend with state income tax, excise tax, cultivation tax and sales tax. These multiple taxes, combined with complicated and burdensome regulation, make the legal cannabis space quite difficult to navigate in California.

The Cannabis Class Actions Are Coming

Posted by Nicole Aaronson, Esq. | Sep 01, 2020 | 0 Comments

On July 29, 2020, a live resin vape cartridge customer filed a consumer class action in San Francisco Superior Court against cannabis brand Raw Garden. Industry experts have predicted a coming wave of this type of cannabis consumer class action based on allegations of false advertising and unfair competition. Although claims brought under the UCL and CLRA will be difficult to avoid as the California cannabis market expands, a well-informed licensee may nevertheless effectively mitigate its risk through vigilance and by instituting best practices consistent with the regulations.

Managing Distressed Assets - Lessons Learned From MedMen, Ignite, and Acreage Holdings

Posted by Guest Author | Jul 27, 2020 | 0 Comments

The global pandemic and resulting economic turmoil have caused many businesses in the cannabis industry to teeter on the edge of insolvency. Although Governor Newsom was quick to declare cannabis businesses as “essential,” many of these companies have suffered huge losses, defaulted on their loan obligations and leases, and lack the capital to pay for their local or annual licenses...

How Can I Invest in a Mushroom Company?

Posted by Guest Author | Jun 23, 2020 | 0 Comments

In 2018, the FDA made waves when, for the first time, they issued a “Breakthrough Therapy” designation to fast track the development of a psilocybin-based therapy for treatment-resistant depression. Psilocybin and psilocin—the principle psychedelic compounds found in mushrooms—are both Schedule I...

Cannabis Deals: Unregistered Broker-Dealers

Posted by Guest Author | Jun 12, 2020 | 0 Comments

Written by: Galen Pham, J.D. Candidate 2022 Using an unregistered broker-dealer to help raise money for your cannabis startup or to help find and facilitate a purchase or sale can have serious legal consequences for your business, including potentially providing the investor or buyer/seller th...

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