California Marijuana Dispensaries

February 28, 2015

Mobile Marijuana Dispensaries Targeted by City Councils, Feds

Mobile medical marijuana dispensaries seemed to be a solution to a host of issues encountered by brick-and-motor locations. They could avoid issues with being too close to certain structures, such as schools or day care centers. They could deliver the medicine directly to patients who might otherwise be too ill to retrieve it themselves. They could move to areas as the demand shifted. There was less concern about civil asset forfeiture, and they created a reasonable means of entry into the industry.

However, they have become a prime target of both federal authorities and local municipalities. Most recently, city council members in Pismo Beach, just south of San Luis Obispo, voted to outlaw mobile marijuana dispensaries.

The measure didn’t come as a complete shock, however, as the city was merely updating its overall ban on medical marijuana dispensaries. There were no members of the public who showed up to speak on the issue, and council members had no discussion before passing the measure.
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February 25, 2015

Marijuana Dispensary Owners File Lawsuit Against Police for Raid

By Cannabis Law Group

There has been extensive coverage over the last several years of incessant police raids and seizure of private property under an arcane federal law intended to deprive drug lords of their assets.

Now, one couple from Michigan is fighting back with a civil lawsuit of their own, asserting the raid was illegal.

Michigan’s medical marijuana law was approved in 2008 by voters, and since then, more than 165,000 patients have registered. Still, the legal landscape remains spotty, given the February 2013 Michigan Supreme Court ruling which held the sale of medical marijuana can’t be held in a “business setting,” even though it’s legal under state law. Those dispensaries can be shut down as a public nuisance.
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February 23, 2015

Brookings: Rescheduling Marijuana Would be Long, Arduous Process

By Cannabis Law Group

It seems such a simple matter, rescheduling marijuana. Currently, the drug is rated by federal authorities as a Schedule I narcotic, meaning it has no value as medicine, is highly addictive and extremely dangerous. It actually ranks higher than methamphetamine in terms of risk and lack of redeeming value.

This is in clear opposition to what science tells us – both medical and public policy researchers. But because of that serious Schedule I rating, those who cultivate, distribute and possess the drug are at potential risk of federal prosecution, even in states where the drug is legal. Compare this to the status of drugs classified in Schedules II-IV. They are still subjected to various degrees of control, but medical use is recognized and they are allowed to undergo research, testing and manufacture without significant difficulty.

So why not just pass a bill to reclassify marijuana?
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February 7, 2015

IRS Instructions on Marijuana Business Deductions

By Cannabis Law Group

For business owners in Colorado and Washington State, or even where businesses sell medical marijuana, filing taxes can be complicated. As tax season draws near, the IRS has provided guidelines for filing taxes related to marijuana profits, though they could result in a heavy burden. Currently, four states have legalized marijuana for medical use. Despite states loosening their restrictions on pot, the federal government continues to maintain that the drug is a controlled substance. The conflict between state and federal law creates the potential for criminal liability–and what about taxes?

Normal business owners will be responsible for paying state and federal income taxes, wage taxes and other expenses related to business operation. For those in the marijuana industry, filing taxes on your business means admitting to the federal government that you are committing a crime. Some have taken on this issue by filing a complaint alleging that even paying state taxes amounts to a violation of the 5th Amendment. The lawsuit challenges the taxes by claiming that you have the right not to incriminate yourself.
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January 23, 2015

Former Real Housewife Plans to Launch “Munchie Free” Marijuana

By Cannabis Law Group

These days, it seems like everyone is trying to cash in on the growing marijuana business. While entrepreneurs may have to wait for Congress to loosen restrictions nationwide, piecemeal business plans are already shaping up where pot is legalized, both for recreational or medicinal use. Investors are positioning themselves to make it big in the pot industry, even though pay-outs have been difficult to predict in Colorado, Washington, and eventually other states where tax burdens will likely increase the cost of legal-market pot.

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Still, entrepreneurs like Bethanny Frankel, best known for her role in the “Housewives” series, is going to reveal a “Skinnygirl” marijuana brand in states where cannabis is legal.

The Skinnygirl brand marketed low-calorie products to fit image of its founder. Now the new line of weed is allegedly supposed to curb the well-established “munchies effect” of pot smoking. According to US Weekly, plans are underway to launch the already successful brand in Alaska, Colorado, Oregon, and Washington where recreational cannabis has been legalized. Promoters and other insiders are backing up the claim that the new strand of weed won’t give users the munchies, a promising attribute for those who want to enjoy the benefits of pot use while maintaining their weight. The Skinnygirl brand has been wildly successful nationwide for its other products, including the low-calorie “Skinnygirl Margarita” mix.
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January 19, 2015

Is Legal Marijuana More Difficult to Sell?

By Cannabis Law Group

One of the problems with legal marijuana is it is more expensive than marijuana sold on the black market. Retailers in Colorado and Washington have complained that high taxes on legal marijuana still make black market marijuana appealing to many buyers.

Even though Washington’s marijuana market opened last summer, many stores closed because there wasn’t enough pot to sell and pot itself was more expensive than ever. Now that a new harvest of marijuana is making the legal crops more accessible to retailers, there have been additional problems with the legal pot industry.

In an unexpected twist, growers are having a hard time selling their crops. Many who entered the industry are now considering backing out because of the low rate of sales on the legal market. According to reports, licensed growers had harvested 31,000 pounds of marijuana, but the pot shops have only been able to sell less than 20 percent of those crops. State users have stuck with buying on the black market or purchasing as medical users to avoid the significant taxes associated with recreational use marijuana. This means that the product is moving at a glacial pace off the shelves–if at all.
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January 11, 2015

Study: Radiation Combined with Cannabis Makes Brain Cancer “Disappear”

By Cannabis Law Group

Medical researchers are investing significant time and resources to study the advantages of marijuana treatments. In a recent study, two cannabis components have been found to have a significant effect on the size of cancerous tumors in the brain. The treatment is especially effective when combined with radiotherapy, according to researchers.

According to representatives from the study, the combination of marijuana treatment and radiation can effectively make tumor growths “disappear.”

While the pronouncement may overstate the effects, it should raise hopes for medical researchers, doctors, patients and their families. The research was conducted by cancer specialists at St. Georges University of London. The study was published in the Molecular Cancer Therapeutics Journal.

According to the findings, there are 85 cannabinoids in the cannabis plant. The two cannabinoids that have been shown to have a positive effect on tumors are tetrahydrocannabinol (THC) and cannabidiol (CBD). The researchers combined the two cannabinoids with radiotherapy treatment and published their results. According to the study, combining the cannabinoids with radiotherapy can have a “drastic” effect on tumors.
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December 24, 2014

Predicting Seizures and Marijuana Treatment

By Cannabis Law Group

Marijuana is a leading treatment to help prevent epileptic seizures. In addition to research on the benefits of marijuana use, scientists are also studying how to predict when someone with epilepsy could have a seizure. According to reports, researchers won a contest for data scientists after studying brain activity to develop an algorithm that can predict seizures up to 82% of the time. The research astounded many in the medical research community, as researchers have previously struggled to develop and define an algorithm. Those involved in the research assert that it has significant clinical potential that could result in therapies and medicinal alternatives.

Epilepsy is a dangerous condition and can result in death. The condition has been compared to an “electrical storm” in the brain and affects the lives of nearly one percent of people in the world. The most common treatment for epilepsy is pharmaceutical treatments, but more people are turning to marijuana to prevent seizure activity. Pharmaceuticals can leave patients suffering with side effects and many patients have sought out other options, including implants that use electrical signals to prevent seizures. Having an algorithm to prevent seizures could make these implants more effective, working similarly to a heart defibrillator and sending electrical “messages” when necessary to prevent a seizure.
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December 12, 2014

Three Tons of Marijuana Seized on Hwy 1 and California Coast

By Cannabis Law Group

State and federal law enforcement officials are always on the lookout for illegal drug activity. This includes illegal possession, distribution, and trafficking of marijuana. In the state of California, where medical marijuana has been legalized, illegal grow operations, the black market, and thousands of recreational users make the state ripe for drug crime investigations and arrests. According to local reports, seven people were arrested in November after authorities confiscated up to 6,000 pounds of marijuana.

The investigation and drug bust occurred on Thanksgiving Day on California’s Central Coast near San Luis Obispo. At approximately 3:30 in the morning, an officer pulled over a van driving along Highway 1 and found between 60 and 90 large bales of marijuana. Officers estimated that the marijuana being transported in the van weighed somewhere between 2,000 and 3,000 pounds. Immediately after discovering the drugs during the search, the driver was arrested and taken into custody.
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December 10, 2014

Young Migrants Flock to Humboldt for Harvest Season

By Cannabis Law Group

Migrants seeking work have continued to descend upon Humboldt County to work at the center of the marijuana industry in California. The workers come from all over the world and take part in the marijuana harvest as “trimmers.” According to an NPR report, “trimmers” are responsible for manicuring the buds so that they are prepared for the market. Locals refer to the harvesters as “trimmigrants.”

To understand the importance of trimming, it is critical to understand how marijuana plants grow. Marijuana grows like a bush and produces a flower or “marijuana bud.” A trimmer is responsible for trimming the leaves and stems and shaping the marijuana buds. The process is part function, part aesthetic, as sellers want to make their weed stand out when it is sold at medical marijuana dispensaries or on the black market.
It is estimated that there are over 100,000 plants growing in the Humboldt County area and all must be harvested and processed in the same short period of time. Proper harvest prevents the plants from getting moldy and deterioration. The harvest season begins in September and extends through the month of November, the busiest time for those looking to work as trimmer. Trimmers are both men and women, many bring their backpacks and their pets, to enjoy the culture and the work afforded during the short time in Humboldt.