How to Pass a DCC Audit [For Cannabis Retailers]
A common question we’ve been receiving is how cannabis retailers can be prepared for a compliance inspection by the Department of Cannabis Control, (“DCC”), formerly known as the Bureau of Cannabis Control. With the regulatory body shifting from BCC to DCC, the agency is also shifting from a position of license holder compliance education to […]
Fiduciary Duties to the Corporation and Minority Shareholders
Corporate decision-making authority can be held in several ways, depending on the specific provisions of the company’s governing documents, whether that be a shareholders agreement for a corporation, an operating agreement for an LLC, or another agreement. In corporations, there are generally three groups of individuals that make decisions: the shareholders, the directors and the […]
Hemp & CBD in Food, Drugs and Cosmetics – Federal and CA Landscape
Although California has legalized cannabis despite federal illegality, on the issue of hemp-derived foods, current state law conforms to federal law. And under federal law, most hemp derivatives are currently not permitted as food additives for several reasons. Hemp in Food, Drugs and Cosmetics under Federal Law One reason is the “drug exclusion rule”, of […]
Cannabis Banking Catastrophe – Two Eaze Consultants’ Convictions Have Deep Implications for the Industry
Guest Author: Alexis Lazzeri, Esq. Eaze Consultant Convictions: A “Clear Criminal Conspiracy.”1 As long as cannabis remains federally illegal, licensed cannabis businesses are forced to operate outside of the mainstream FDIC insured banking system. This delegation to the financial shadows remains a well known liability, physically and financially, for cannabis companies operating in cash and […]
California Trademark Protection for Cannabis Businesses
A trademark is a word, name, or symbol used in commerce to identify and distinguish the goods and services of one company from those manufactured, sold, and/or provided by others. Trademarks help businesses create and maintain a unique brand and often represent a company’s reputation, brand identity, and goodwill. Trademark infringement occurs when another business […]
State Agencies Enact Regulations to Improve Banking Access for Cannabis Industry
On February 1, 2021, regulations set forth by the California Department of Food and Agriculture, Department of Cannabis Control and Department of Public Health to implement Assembly Bill 1525 were approved by the California Office of Administrative Law and put into effect. The adopted regulations provide a mechanism for licensees to request that state licensing […]
Seven Tips to Avoid TCPA Lawsuit Against Cannabis Companies
In the last few years there has been a sharp increase in individual and class action Telephone Consumer Protection Act (“TCPA”) lawsuits targeting cannabis and hemp companies, oftentimes just for sending a text message. Enacted in 1991, the TCPA was designed to restrict autodialed telemarketing communications via telephone and fax made without the recipient’s consent. […]