California marijuana legalization

January 28, 2015

Federal Judge Weighs in on Federal Marijuana Drug Classification

A 1970 federal law classified marijuana as a drug akin in seriousness to LSD and heroin. As such, criminal penalties for possession and sale have been extremely harsh. The move has long been criticized and is becoming even more problematic as states legalize marijuana for medicinal and recreational use.

One federal judge in Northern California has decided to rule on the whether the classification is constitutional, a decidedly extraordinary and rare move, especially as marijuana rights advocates have pressed Congress to change the classification for decades.

A five-day hearing was held in late 2014 and a judge is expected to hear final arguments in February. A ruling is expected later in 2015.

The Sacramento case is noteworthy, as it is the first time a judge has agreed to hold a fact-finding hearing on the classification of marijuana as a Schedule I narcotic. According to the L.A. Times, the criminal defendants have argued the law is a violation of the Constitutional guarantee of equal protection of states under the law.
Continue reading

January 25, 2015

Risk of Explosions and Home Cultivation of Hash Oil

By Cannabis Law Group

Growing pot at home and in residential areas is posing serious health and property risks in Colorado.

According to lawmakers, firefighters, and industry experts, amateur growing of marijuana in kitchens and basements has resulted in the rise of home explosions. Laboratories use flammable chemicals to extract potent drops of concentrate called “hash oil,” and can result in the accidental explosion of residences. Victims have also been caught in the flames, suffering serious injury. Though there have been no reported fatalities, the explosions have the potential to result in accidental death. This growing trend of home has also posed significant risk in Florida, California, and Illinois, as well as other states where pot is still illegal.

While cities are making efforts to shut down homemade hash oil productions, many state lawmakers are looking to specifically outlaw it. Despite these campaigns, home grown hash oil enthusiasts continue to advocate for their own rights to continue to safely create the product without using butane. Criminal defense lawyers are also arguing that the practice cannot be banned since Colorado voters made marijuana legal to grow, smoke, process and put on the market in 2012.
Continue reading

January 17, 2015

The Lobby Against Medical Marijuana

By Cannabis Law Group

Selling legal marijuana has different implications than selling marijuana on the black market. Similarly, distributing medical marijuana has different requirements than from selling recreational-use marijuana.

According to Business Week, pot sellers in Washington State are lobbying against a marijuana market. Though the state legalized recreational marijuana last year, a 1998 law also gave pot smokers legal protection if they had a note recommending marijuana for medical use. Under this provision, marijuana dispensaries were able to sell pot for medical use. Without setting up infrastructure for use, including patient registry or ID cards, the medical marijuana market thrived.

After marijuana was legalized for recreational use, everyone was able to buy and sell weed, even without a doctor’s note. The 2012 initiative also established a tax system and licensing regime to be followed by pot growers and retailers registered with the Washington State Liquor Control Board. The agency is responsible for regulating and overseeing product testing and labeling. According to reports, recreational pot has become 50 percent more expensive than medical marijuana, which can still be purchased on the black market.

According to critics, those who buy pot legally for recreational use must pay significantly more than those who simply purchase medical marijuana.
Continue reading

January 15, 2015

West Coast vs. East Coast Reform Advocacy in the U.S.

By Cannabis Law Group

Patchwork marijuana laws have made the U.S. feel like two different countries–one where legalization has paved the way for recreational use, and another where local law enforcement agencies continue to invest in the investigation and prosecution of marijuana crimes.

A well-known and respected travel writer who is also a proponent of marijuana reform, has written extensively about legalization in regions such as the Netherlands and in countries like Portugal. Rick Steves is now applying his passions for travel and reform in the United States.

In a recent interview with SFGate, the writer and reform advocate explains how two polarized views of marijuana reform have made laws vary so greatly throughout the country. According to Steves, there are two coasts: One which has embraced reform and another that is trailing behind.

There is a huge distinction between laws, which is represented in all facets of society and business. Throughout Colorado, Washington, Alaska, and Oregon, there are business seminars are seeking to attract marijuana entrepreneurs and investors. Like many reform advocates, Steves is focused on the civil rights issue of reform, rather than the business side. Rather than building a multi- billion dollar industry, he hopes one day people can simply grow their own pot, and won’t be locked up.
Continue reading

January 14, 2015

Court: Concentrated Cannabis Qualifies as Medical Marijuana in CA

By Cannabis Law Group

Critics often claim newer strains of marijuana are much stronger and potentially more dangerous. In a recent case, a state appellate court in Sacramento recently ruled that “concentrated cannabis” qualifies as marijuana for purposes of medical use.

The decision was made unanimously by a three-justice panel. The Third District Court of Appeals disagreed with an earlier decision by an El Dorado Superior Court Judge, who found a medical marijuana patient violated probation by possessing concentrated cannabis. The new decision could potentially help future defendants who are caught in possession of highly concentrated cannabis.

According to court records, defendant was charged in 2013 with unlawful possession of concentrated cannabis. Though the charge was only a misdemeanor, defendant was on probation and the infraction amounted to a parole violation because he allegedly failed to “obey all laws.” At the time of arrest, a probation officer searched defendant and found .16 grams of “honey oil,” a concentrated form of cannabis, along with .05 grams of “dabs” and another 3.33 grams of marijuana. The defendant had a physician’s recommendation for the use of marijuana and for the active ingredient THC to treat acid reflux and migraines.
Continue reading

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.
Continue reading

January 7, 2015

First Tribal Grow Operation in Northern California

By Cannabis Law Group

Native American tribal lands are not held to the same standards as state and even federal lands, but are they permissible to grow marijuana? According to reports, the first tribally-sanctioned marijuana cultivation operation in Northern California, and perhaps the nation, was announced this month. This follows the Obama administration’s new permissive policy concerning marijuana grow operations on tribal lands, announced in December.

The U.S. Justice Department publicized an internal memo instructing U.S. attorneys not to intervene with tribes that want to grow and sell marijuana on sovereign lands. To prevent federal intervention, tribes are required to maintain “robust and effective regulatory systems.” In effect, the policy is similar to the guidelines that preempt federal intervention where states have legalized marijuana for medicinal purposes or recreational use. According to analysts the memo could have significant impact on tribes that choose to pursue marijuana growing operations and sales. Some opine marijuana could replace casinos as a primary source of revenue on tribal lands. As many tribes are opposed to legalizing pot on their lands, the federal government has also agreed to continue to enforce anti-marijuana legislation if requested by the tribe.
Continue reading

January 5, 2015

Who is Likely to Get Addicted to Marijuana?

By Cannabis Law Group

One of the primary issues for marijuana legalization opponents is the potential public health risks, including addiction. While four states have now legalized pot for recreational use, others have decriminalized possession and paved the way for medical use. But is pot really addictive? Does it have chemically additive quality? Is it just a mental rather than a physical addiction?

According to one user who published his first-person account of marijuana addiction in the Chicago Tribune, the drug is highly addictive and can be very problematic for young persons and into adulthood.
joint marijuana.jpg

According to the 2013 Edition of the Diagnostic and Statistical Manual of Mental Disorders records, 17 percent of those who smoke pot as teenagers can become addicted to marijuana. National surveys show that up to half of marijuana users who smoke daily are addicted. This is an estimated 2.7 million users in the U.S. But, what are the real risks? Should medical marijuana users hesitate before deciding to follow doctors’ orders? Should legislators take these statistics into consideration before passing laws? Will Congress weigh these statistics when deciding whether to legalize the drug?

The role addiction plays in marijuana use is a critical issue for opponents and a point of contention for reform advocates. There are a number of potentially problematic issues with long-term marijuana use, including distractions, mood disorders, loss of motivation or energy, even thoughts of suicide. Many addicts are the type of people who already suffer from mental or emotional disorders, making them more susceptible to addiction and self-medication. For those who have been addicted to marijuana, quitting can take therapy and years of struggle.
Continue reading

January 1, 2015

PayPal Co-Founder First Multi-Million Dollar Marijuana Investor

By Cannabis Law Group

In California and nationwide, the world’s most powerful entrepreneurs and innovators are getting behind the marijuana business. According to recent reports, co-founder of Paypal, Peter Theil, is investing millions of dollars in a Seattle-based marijuana venture.

Even though marijuana is still considered illegal under federal law, entrepreneurs have seen their opportunities and the potential for dollar signs grow. Theil’s venture capital firm, known as “The Founders Fund,” has confirmed taking a minority stake in Privateer Holdings.

The company has invested in a Canadian medical marijuana grow operation as well as an online website responsible for marijuana dispensary reviews. The company has taken hold of all aspects of the marijuana business from growing to marketing and sales. Privateer was seeking for a $75 million funding contribution, though it is unclear how much Theil’s venture capital firm has contributed. Neither company has disclosed the amount of the deal, but analysts project it is in the multi-millions.

Privateer was the first private equity firm to invest in the cannabis industry when it acquired Leafly in 2011. Currently, Leafly is the only American company to operate with a federally licensed commercial marijuana cultivation plant in British Columbia.
Continue reading

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.
Continue reading