Articles Posted in California marijuana legalization

In the 1990s, when California residents began talking about the legalization of medical marijuana in the state, it was a much more controversial issue than it is today. While there is still opposition from many politicians and special interest groups today, it is nothing like it was then.

After California passed medical marijuana legalization legislation, people were happy they could finally get the medicine they very much needed, but they were still in fear they could get arrested. Sellers of medical marijuana were also worried that they would be arrested for violation of federal law. There was good cause for all of these fears, as the United States Drug Enforcement Agency (DEA) would routinely arrest those who are participating in the medical marijuana program, which was legal under state law. Those in the business could not deposit any money earned from the medical marijuana business in banks, because that was deemed to be a violation of federal laws, as the money was considered proceeds from an illegal enterprise.
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The ballot initiative to legalize recreational marijuana has not passed yet in California, but investors are counting on voters to make the right choice. Legalization for recreational use is considered all-but-inevitable, with pollsters suggesting an that an initiative on the ballot could pass with an estimated 55 percent of the vote. LA Times reports investors are preparing for the day when legalization comes. In fact, such explosive growth is expected in the cannabis business and so much profit is expected to be generated, the situation is being described as “a new California gold rush.”

As new businesses open, new products come into the marketplace, and new investor money comes in, established California marijuana businesses will have a leg-up on the competition. However, growers, distributors, and sellers must keep up-to-date on new developments in the law and must ensure they have the proper legal advice so they can become key players in the recreational market once it opens.
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In California, growers are eagerly awaiting details on the new regulatory scheme which is aimed at bringing the marijuana industry out of the legal shadows. The regulatory scheme is estimated to have a cost of approximately $50 million, and it must be entirely funded by the industry.

Press Democrat reports growers are concerned high fees to support regulation, coupled with high taxes, could result in the continued need for black market operations because the expenses will be prohibitively high. While the ability of government to tax marijuana is often touted as one of the biggest public advantages associated with legalization, taxes and costs must be reasonable so people can continue to make a profit while giving back to the community. Once expenses become too high, the system cannot work because it becomes cost prohibitive to grow or distribute marijuana and pay all expenditures.
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The failed Ohio ballot initiative provided some guidance on what not to do as different groups move forward to get their own initiatives on the California ballot for the legalization of recreational marijuana. The Chronicle summarized five take-aways that those drafting ballots should consider in order to maximize the chances they will successfully be able to get laws passed allowing marijuana for recreational use in California.
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With myriad competing proposals for marijuana legalization ballot initiatives in California, one more player entering the game may not seem like good news. However, this time the person putting forth a proposal is Sean Parker. Parker disrupted the music industry with the invention of Napster, and is a major player in the technology industry. He is also a billionaire who can put a significant amount of money behind his proposed legislation.

Because of the clout that Sean Parker’s name carries and the money he brings to the table, the SF Gate reports that his proposal “ignites California marijuana legalization.” An article on Parker’s proposed initiative also indicates that he could soon be upending another industry.
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In 2016, it is likely that a recreational marijuana measure will be on the ballot in California. With 55 percent of Californians supporting full-scale legalization of marijuana, the legalization measure is likely to pass if it comes up for a vote. In light of the fact legalization looks likely in a short time, Lieutenant Governor Gavin Newsom has been spearheading a push for more effective regulation. Huffington Post reports Newsom has been leading a commission conducting research on marijuana regulation in California for the past 1.5 years. The commission has now released its first progress report and is seeking feedback from the community.

Los Angeles marijuana lawyers know that laws which get passed do not always end up working effectively in the real-world to allow well-regulated, reasonable access to cannabis products. Hopefully, extensive research into effective regulation in California will lead to a system that works well if and when full legalization comes to California.
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Everybody loves a bargain. In order to help spur the local economy and help families in need of some extra savings to make ends meets, states across the country will announce one weekend or even a single day where there will be no sales tax on a majority of items. There are of course more expensive and luxury items that are not tax free under the annual tax holiday. For example, it is generally a rule that you could not purchase a car on the tax holiday to save thousands of dollars in sales tax.

According to a recent news article from The Cannabist, despite a large number of exceptions to Colorado’s tax holiday weekend, marijuana in not subject to sales tax, and this is expected to cost the state a lot of money in lost revenue. This is the same state that is famous for not allowing school supplies, energy efficient appliances and other essentials like clothing from being sold without levying a sales tax.
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For years, marijuana has been classified by the federal government as a Schedule I narcotic. That has put it in the same class with heroin and other dangerous drugs that have no medicinal benefit and are highly addictive.

This classification was a big part of the reason state and federal authorities came down so hard on marijuana grow operations, those who distributed the drug and even those who merely possessed it. Marijuana for many years has been treated as Public Enemy No. 1, even when the reality is it is effective medicine for cancer patients, children with seizures, adults struggling with HIV/AIDS or anorexia and many others with serious and potentially life-threatening conditions. Prosecutors have been relentless in their pursuit of those who cultivate and distribute the drug, and civil forfeiture actions allow authorities to seize private property used for these purposes.

While these policies have eased considerably in recent years, the schedule classification of marijuana remains the same. All of this history is noteworthy in light of recent statements made by the newest chief of the Drug Enforcement Administration (DEA). Bluntly, Chief Chuck Rosenberg stated: “Heroin is clearly more dangerous than marijuana.”
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