Troutman Pepper: California AG Petitions State Court for Order to Seize Assets From an Unlicensed Cannabis Dispensary

Troutman Pepper

[co-author: Stephanie Kozol]*

California Attorney General (AG) Rob Bonta is asking the Los Angeles County Superior Court to enter a civil forfeiture order allowing the state to collect unpaid taxes and fees from an unlicensed marijuana business by seizing its assets.

According to AG Bonta’s petition, filed August 3 on behalf of the California Department of Tax and Fee Administration (CDTFA), Parker West Coast Inc. and Jennifer Puga are general partners of a business known as Weedmart of Walnut 30 Cap (Weedmart). The petition alleges that Weedmart has been operating as a marijuana dispensary without a CDTFA seller’s permit or without registering with the Department of Cannabis Control or Los Angeles County to conduct retail sales of cannabis products.

AG Bonta’s petition states that CDTFA audited Weedmart for the period of June 10, 2020, through September 30, 2022, and concluded that the business had outstanding California sales and use tax liability totaling nearly $187,000. That liability became final in January. According to the petition, Weedmart’s balance due as of August 1 is more than $210,000, including unpaid taxes, penalties, collection cost recovery fees, and interest.

Acting on a CDTFA warrant, officers of the California Highway Patrol in February attempted to seize cash and cash equivalents held at the Walnut, CA-based business, but were denied entry into the premises.

The petition describes Weedmart as “a cash-based business with no known assets other than its cannabis products and daily cash receipts generated from sales.”

Why It Matters

The petition represents an attempt by the California AG to enforce rules requiring state regulation and taxation of the marijuana industry in California, the largest adult-use cannabis market in the U.S.

*Senior Government Relations Manager

Source: https://www.jdsupra.com/legalnews/california-ag-petitions-state-court-for-1704901/

Top 200 Cannabis Lawyers

We Support

Cannabis Law Journal – Contributing Authors

Editor – Sean Hocking

Author Bios

Canada
Matt Maurer – Minden Gross
Jeff Hergot – Wildboer Dellelce LLP

Costa Rica
Tim Morales – The Cannabis Industry Association Costa Rica

Nicaragua
Elvin Rodríguez Fabilena

USA

General
Julie Godard
Carl L Rowley -Thompson Coburn LLP

Arizona
Jerry Chesler – Chesler Consulting

California
Ian Stewart – Wilson Elser Moskowitz Edelman & Dicker LLP
Otis Felder – Wilson Elser Moskowitz Edelman & Dicker LLP
Lance Rogers – Greenspoon Marder – San Diego
Jessica McElfresh -McElfresh Law – San Diego
Tracy Gallegos – Partner – Fox Rothschild

Colorado
Adam Detsky – Knight Nicastro
Dave Rodman – Dave Rodman Law Group
Peter Fendel – CMR Real Estate Network
Nate Reed – CMR Real Estate Network

Florida
Matthew Ginder – Greenspoon Marder
David C. Kotler – Cohen Kotler

Illinois
William Bogot – Fox Rothschild

Massachusetts
Valerio Romano, Attorney – VGR Law Firm, PC

Nevada
Neal Gidvani – Snr Assoc: Greenspoon Marder
Phillip Silvestri – Snr Assoc: Greenspoon Marder

Tracy Gallegos – Associate Fox Rothschild

New Jersey

Matthew G. Miller – MG Miller Intellectual Property Law LLC
Daniel T. McKillop – Scarinci Hollenbeck, LLC

New York
Gregory J. Ryan, Esq. Tesser, Ryan & Rochman, LLP
Tim Nolen Tesser, Ryan & Rochman, LLP
Cadwalader, Wickersham & Taft LLP

Oregon
Paul Loney & Kristie Cromwell – Loney Law Group
William Stewart – Half Baked Labs

Pennsylvania
Andrew B. Sacks – Managing Partner Sacks Weston Diamond
William Roark – Principal Hamburg, Rubin, Mullin, Maxwell & Lupin
Joshua Horn – Partner Fox Rothschild

Washington DC
Teddy Eynon – Partner Fox Rothschild