California marijuana legalization

December 16, 2014

Pot Industry Breaks Stereotypes

Pot smoking has always been clouded with stereotypes–users were often considered druggies, hippies, or “stoners.” Now that the legal landscape surrounding marijuana use is shifting, many of these stereotypes are lifting. In addition to more users coming out from the shadows, those who may not have been interested in pot use may be more compelled, for example, if they have been prescribed marijuana for medical use. Since Colorado legalized the use of marijuana in January 2014 pot has become a billion dollar business. For marketers, investors, and others cashing in on the marijuana business, making marijuana mainstream is a priority.

Attracting users from all walks of life also means ‘changing the face’ of marijuana. To attract less common users, people must be aware that marijuana goes beyond stoner culture. This means that they are both legitimate business operations and that pot use is more than just hitting a bong in a college dorm room. In Colorado, business owners are savvy, using advanced technology in growing operations and in the office. Where people used to worry about getting busted for smoking pot, many of these operations are now in full effect and stationed near police departments.
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December 15, 2014

Marijuana as Criminal Business Means Higher Federal Taxes

By Cannabis Law Group

Advocates urging marijuana legalization at the federal level are hoping to reform current federal tax code that treats state-approved cannabis stores as criminal enterprises. The change could take place in a mere matter of months. Currently, the IRS prevents any business that sells Schedule I or II illegal drugs from deducting expenses associated with sales. This means that state-legalized cannabis stores are not able to deduct expenses related to salaries, leases, advertising, marketing and other business expenses. Marijuana dispensaries and other distributors pay a tax rate of 70% more than other businesses.

An Oregon representative has sponsored the Small Business Tax Equity Act, which would exempt state-licensed dispensaries from 280E, the section of the tax code that governs the issue. As part of the “war on drugs” Congress approved the section in 1982. As more states begin to legalize medical and recreational use, there is more incentive and momentum to protect small business owners and to level the playing field. Currently Colorado, Washington, and the District of Columbia have approved the recreational use of marijuana. Another 23 states have approved licenses for legal medical marijuana use. Nine other states passed bills allowing limited use of cannabis extract oil for individuals with epilepsy in 2014.
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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.

December 4, 2014

Marijuana Can Help Fight Alzheimer’s

By Cannabis Law Group

Every year, Alzheimer’s impacts the lives of millions of Americans. In addition to the victims of Alzheimer’s, the families and loved ones of patients are devastating by the effects of the debilitating disease. Medical researchers, patients, and their loved ones, are growing enthusiastic about the potential for the treatment of Alzheimer’s with cannabis. New research has also bolsters claims that the compounds in cannabis can be effective in the treatment of Alzheimer’s. In the September issue of the Journal of Alzheimer’s, a recent study was published with support for previous evidence that THC can be therapeutic in treating the disease.

According to public health reports, more than five million American’s suffer from Alzheimer’s. More than one in three seniors will die with Alzheimer’s or another form of dementia. The disease is the sixth leading cause of death in the United States and cost the nation approximately $203 billion in 2013. Due to the significant impact that the condition has on patients and their families throughout the nation, a significant amount of attention has been paid to potential methods of treating or curbing the effects of Alzheimer’s.
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December 3, 2014

Tips for California Marijuana Entrepreneurs

By Cannabis Law Group

Nationwide, marijuana enthusiasts and smart entrepreneurs are looking in to cash-in on the growing pot industry. Depending on the state, some of these individuals and entities have already been laying the groundwork, using states like Colorado and Washington as models for potential successes and failures in the marijuana industry. For-profit ideas have included food and other marijuana products, delivery services, bed and breakfasts, and other businesses in a variety of industries, including service, real estate, and retail. In California, marijuana is still not available for medical use, but those in the business–or those who want to be a part of the business–can begin to take advice from leaders in the industry. They should also still be wary of the potential for criminal liability in the marijuana business, even if it is decriminalized in the state.

Those considering joining the industry have come from all walks of life, from successful business persons to truck drivers, service workers, and executives. Some want to launch online businesses, others are looking to create skin care and beauty products. With more possibilities and growing consumer awareness of the potential benefits of marijuana products, individuals and entities nationwide are working to learn the tricks of the trade. What are some of the important secrets for would-be cannabis businesses owners? Here are a few tips:
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November 29, 2014

New Study Linking Addiction and Marijuana

By Cannabis Law Group

There are many drugs that are known for their highly addictive qualities: cocaine, pharmaceuticals, alcohol, even cigarettes. Addiction and chemical dependency are dangerous and can threaten the health and quality of life for users, but diagnosing and treating physical addiction can be complicated. Critics of marijuana legalization and other public health organizations have raised concerns about addiction. According to new research, their concerns may be valid. A recent study shows that those who have used marijuana daily for four years or more could undergo certain changes to the area of the brain commonly associated with addiction.

The research looked at the brains of 48 chronic marijuana users and compared MRI images to 62 persons who do not use marijuana. According to the investigators, those who had been smoking marijuana every day, for at least three times a day, had a smaller volume of grey matter in the orbitofrontal cortex and also showed greater connections between different parts of the brain, known as connectivity (a measure of how well information travels between different areas of the brain). After examining data, the researchers pointed out that, not only is there a structural change, but also a change in the connectivity of the brain. Lost brain volume could also be linked to the increased connectivity in other areas of the brain.
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November 27, 2014

Marijuana Legalization and the Real Estate Market

By Cannabis Law Group

Legalization of marijuana has changed not only the market for marijuana, but has impacted other industries as well. As the trend of legalization sweeps through the U.S., those in the real estate business have had to take note. New marijuana laws and regulations have had implications for property owners and management. It also can impact both commercial and residential real estate property and whether the marijuana business is industrial or a retail seller. In California, dispensary owners, legislators, investors, and property owners have had to take note of changes in the industry and the impact on rights and regulations.

Property issues related to marijuana growing operations ranges from landlord and tenant law, usage laws, environmental issues and the broader impact on real estate values. Depending on whether pot is grown in a residential or commercial environment, or if the property is governed by a homeowner’s association could also affect the rights of the tenant or property owner. Home owners and real estate professionals must be abreast of these changes as well. Where real estate brokers can profit from angling the best properties for marijuana production, new buyers must also have a clear understanding of their rights and obligations.
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November 17, 2014

“Green Friday” and Marijuana Holiday Shopping

By Cannabis Law Group

With the holidays around the corner, retailers, large and small alike are preparing for ways to boost sales among American consumers–and the pot industry is no exception. According to reports, pot sellers in Colorado are taking advantage of the first holiday season to sell recreational marijuana during the busiest shopping months of the year. Marijuana products include joints, candies and chocolates, as well as lip-balms or other hemp-based products. Companies are seeking to get the same “Black Friday” sales bump as other department stores and retailers. They have even dubbed the traditional shopping day, “Green Friday.”

Sellers throughout the state have raised their expectations, hoping that locals and tourists will purchase marijuana as gifts for their friends, family, and loved ones. This is the first Christmas season that purchasing recreational use marijuana has been possible in the state. Like other retailers nationwide, at least one Colorado marijuana shop is expecting an 8:00 a.m. line on “Green Friday” as enthusiasts seek to get their hands on some of the holiday shopping specials. According to the owner of the shop, early-birds will be able to get an ounce of weed for $50, an amount that usually sells for five times as much. The shop is also selling dollar-joints and half-off vape-pens.
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November 10, 2014

Patients Seek $600,000 in Damages for Warrantless Raids

By Cannabis Law Group

Even though medical marijuana is legal in California, many patients can become ensnared in the criminal justice system. Law enforcement authorities are often looking for violations so they can charge users and distributors with drug-related crimes.

In a recent case, medical marijuana patients in Lakeport have filed a lawsuit against local law enforcement for Constitutional violations, including warrantless searches. The medical marijuana patients are also seeking a total of $621,000 in monetary damages and have succeeded in getting a preliminary injunction to stop local authorities from continuing with warrantless raids.

According to reports, a lawsuit was filed after several claimants allege they were victims of illegal raids over the past several weeks. The three plaintiffs range from 60 to 70 years-old and were growing their own plants. These medical marijuana patients were the target of raids in which local law enforcement officials broke through gates, illegally entered the property of each patient and seized their medical marijuana. The law enforcement agents did not have consent, a warrant or any legal authority to enter premises or seize property.
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October 29, 2014

New Study Shows Decriminalization of Marijuana in California has Not Led to the Disaster Predicted by Opponents

By Cannabis Law Group

Those who oppose the legalization of marijuana are often quick to cite all the harm that will be done when more people run out and buy it. According to a recent Washington Post article on the effects of legalization in California, the opposite appears to be the case.

The article cites a new report from Center of Juvenile and Criminal Justice that shows overdoses, teen arrests, DUIs, and school dropout rates have fallen following decriminalization in California.

After total decriminalization took effect in the beginning of 2001, school dropout rates are down 22 percent since 2010. DWI Marijuana arrests in California are down three percent, while the rest of the nation experienced a nine percent increase. Deaths resulting from the overdose of drugs has fallen by 20 percent compared to a national increase of four percent.
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