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Dear All,

Some of you may have received emails from the State requiring you to register as a “licensed weighmaster.” We have prepared the following Q&A which will hopefully answer some of your questions about this requirement. Please review carefully, and do not hesitate to reach out with further questions or if you require assistance in registering as a licensed weighmaster.

  1. What is a licensed Weighmaster?

The Division of Measurement Standards (a division within the CA Dept of Food and Agriculture) administers the Weighmaster Enforcement Program. This program licenses individuals or firms as Weighmasters, who are responsible for weighing, measuring, or counting bulk commodities and issuing certificates of accuracy. Weighmaster certificates are then u...

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Hello All,

As I am sure you are all aware by now, last week the Coastal Commission approved Monterey County’s Coastal Ordinance. This is obviously extremely good news. However, there are still a few more steps that need to be taken by the County before the Ordinance goes into effect. Note, some lobbyists are telling clients the Coastal Ordinance is in effect now. That is NOT accurate.

The County still needs to go through the formal adoption process to approve the ordinance, including a formal hearing and vote by the Board of Supervisors. This hearing is currently scheduled for the March 13th Board of Supervisors meeting. After the Board formally adopts the Coastal Ordinance, it must then go back to the Coastal Commission...

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Hello everyone,

As a follow up to our warning email below regarding cannabis trademarks in California, we would like to report that, thanks to the trust of couple of our clients, and with some painful conversations and written arguments with the California Secretary of State, we have now successfully prosecuted a few California state level trademarks for clients.

We still maintain the analysis below w/re to the enforcement and value of state vs. federal trademarks. But I wanted to assure any of you that may be on the fence about filing for California state level trademarks, we believe we have educated the Secretary of State’s office sufficiently to provide you with a positive path forward for In Use Cannabis-specific Trademar...

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Hello Everyone,

It is becoming painfully obvious to us that the so called cannabis consultants, packaging and design companies, lobbyists, and others target marketing cannabis clients in our industry, do not possess the level of knowledge or expertise necessary to legitimately and correctly advise cannabis companies in California w/re to local permitting, state licensing, real estate compliance, trademarks, and most recently packaging. We, as a firm, are spending a tremendous amount of our time fixing problems for clients who have engaged non-experts in these areas.

PLEASE BE ADVISED, 100% of ALL client PACKAGING that HAS been sent to us for COMPLIANCE review HAS FAILED. Every single package we have reviewed has been non-compliant forcin...

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Hello all,

As you may recall, there was some confusion regarding the applicable THC limits for cannabis products manufactured prior to January 1, 2018. Specifically, the Manufactured Cannabis Safety Branch (MCSB) required cannabis products that were manufactured prior to January 1, 2018 to meet the applicable THC limits (100 mg for edibles, 1000-2000mg for concentrates). However, the Bureau of Cannabis Control also indicated in their Emergency Regulations that products manufactured prior to January 1, 2018 could only enter the market if basic packaging and labeling requirements were met (no THC limits). These two statements were obviously contradictory and caused a lot of confusion in the industry.

Well, we are pleased to announce t...

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Hello Everyone,

It is becoming painfully obvious to us that the so called cannabis consultants, packaging and design companies, lobbyists, and others target marketing cannabis clients in our industry, do not possess the level of knowledge or expertise necessary to legitimately and correctly advise cannabis companies in California w/re to local permitting, state licensing, real estate compliance, trademarks, and most recently packaging. We, as a firm, are spending a tremendous amount of our time fixing problems for clients who have engaged non-experts in these areas.

PLEASE BE ADVISED, 100% of ALL client packaging that HAS been sent to us for COMPLIANCE review HAS FAILED. Every single package we have reviewed has been non-compliant f...

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Hello all,

As you may have seen announced, California is now (allegedly) accepting trademark applications for cannabis products.

PLEASE BE ADVISED, we have been in constant contact with the CA Secretary of State and it is painfully clear that they have no idea what they are doing. None whatsoever. So, although it may seem tempting to apply for these state based trademarks, we are not recommending clients proceed with the California based trademarks at this time. Rather, we are advising on a wait and see approach. It’s going to be very messy…

However, if you want to proceed, please see the following:

State CA Trademarks:

Through our internal office discussion, we still believe that federal trademarks offer the strongest...

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Dear All,

Many of you have contacted us regarding California Cannabis-Related Trademarks. As you know, California Secretary of State’s Office released a press statement this month containing information about registering a cannabis-related trademark or service mark with the Secretary of State’s Office.

The State Trademark Unit has confirmed with us that the CA State Legislature will be voting on the State Classification Code for cannabis-related trademarks as early as January 2, 2018. Once the cannabis Classification Code is released, we will be able to assist you with applications for registration of a cannabis-related trademark with the State.

The basic requirements to file a Trademark or Service Mark in CA are as fo...

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Greetings!

As many of you may already aware, the Bureau of Cannabis Control (BCC) released the Temporary Applications for Retailers, Distributors, Microbusinesses, and Testing Labs, and the Manufactured Cannabis Safety Branch (MCSB) released their Temporary Applications for Manufacturers today. CalCannabis has not yet released its Temporary Application for Cultivators.

Please note that there are 3 agencies (BCC, MCSB, and CalCannabis) issuing different license types, and each agency has their own website and different application requirements. Below you will find a brief outline of the required documents and submittal processes from the BCC and MCSB.

We strongly recommend that you contact our office to either (1) assist with compl...

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Greetings everyone!

Please read the following Q&A prepared exclusively for WINTER LLP clients and friends:

  1. Starting on January 1, 2018, can Retailers sell edible cannabis products with THC levels in excess of 100mg and non-edible cannabis products (flower, tinctures, extracts) with THC levels in excess of 2000mg? Section 5029, BCC Regulations.

Yes, between Jan 1, 2018, and July 1, 2018, M-Licensee Retailers can sell

  • Edible cannabis products with THC levels in excess of 100mg (no maximum limit), so long as they are labeled 10mg THC/serving; and
  • Non-edible cannabis products (flower, tinctures, extracts) with THC levels in excess of 2000mg (no maximum limit), no serving size label required.

  1. Starting on January 1, 2018, Can Retailers sell cannabis goods that do not meet the State Labeling Requirements?

Yes, between Jan 1, 2018, and July 1, 2018, Retailers can sell goods that do not meet State Labeling Requirements as long as the following warnings are affixed prior to sale:

  • For cannabis flower: “GOVERNMENT WARNING: THIS PACKAGE CONTAINS CANNABIS, A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. CANNABIS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE USE EXTREME CAUTION.”

  • For cannabis products: “GOVERNMENT WARNING: THIS PRODUCT CONTAINS CANNABIS, A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. CANNABIS PRODUCTS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. THE INTOXICATING EFFECTS OF CANNABIS PRODUCTS MAY BE DELAYED UP TO TWO HOURS. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS PRODUCTS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE USE EXTREME CAUTION.”

  • For Untested cannabis products: “This product has not been tested as required by the Medicinal and Adult-Use Cannabis Regulation and Safety Act.”

  1. Starting on January 1, 2018, can Manufacturers sell cannabis products to Distributors/Retailers that do not meet the State Packaging and Labeling Requirements?

Yes, Manufacturers may sell cannabis products that do not meet State Packaging and Labeling Requirements provided:

  • The cannabis product was manufactured prior to January 1, 2018.
  • The cannabis product is packaged in child-resistant packaging. A secondary package shall be sufficient.
  • The cannabis product contains the applicable government warning (above).
  • The cannabis product meets the applicable THC limits (100mg for edibles, 1000-2000mg for concentrates.)
    • Please note, this is inconsistent with the BCC regulations which explicitly allow the transport and sale of medical cannabis products prior to July 1, 2018, regardless of the amount of THC. We have submitted comments to the MCSB discussing this inconsistency.
  • The cannabis products contains a sticker with the amount of THC/CBD content per serving and per package.

  1. Starting on January 1, 2018, can Manufacturers manufacture cannabis products that do not meet State Labeling and Packaging Requirements?

No, all cannabis products manufactured from January 1, 2018 onwards must meet State Labeling and Packaging Requirements.

  1. Starting on January 1, 2018, will all cannabis products need to undergo the full panel of testing prior to sale?

Not exactly. There is a “Phase-In” of Required Testing, so that the full panel of testing will not be ...

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