California Marijuana

January 21, 2015

Illinois Medical Card Holders Face Political Hurdles

While Washington, Oregon and Colorado navigate the legalities of recreational pot, other states are trying to establish ground rules for medicinal use. Even though Illinois voters have approved medical cannabis in the state, there seems to be little government support and a lack of marijuana available. It has been almost a year and half since medical cannabis was legalized in Illinois, and not one patient has had access to use it.

According to reports, the line of patients waiting for access is up to 650 and growing longer. The state has authorized medical marijuana to treat any condition on the list of 34, ranging from glaucoma to cancer and HIV/AIDS. While these patients have the legal right to use marijuana, there isn’t any available, and there doesn’t seem to be any groundwork supporting access.
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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.
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January 9, 2015

“Good to Know” Marijuana Educational Campaign Launched in Colorado

By Cannabis Law Group

With legalization trends taking hold in Colorado, Washington, Oregon and Alaska, marijuana use has increased rapidly. According to some opponents of marijuana reform, legalization has led to an increase in the number of teens who have been treated for accidental pot consumption. To combat the potential risks of marijuana use and overdose, Colorado is launching its “Good to Know” campaign to inform residents and tourists about safe marijuana usage. The campaign has a $5.7 million budget and has already started to appear in newspapers, magazines, and on the air.

According to the director of the Department of Public Health and Environment in Colorado, the priority of the campaign is to educate citizens and tourists on the responsible use of marijuana. Critics say that both Washington and Colorado failed to provide education about use and consumption of the drug since legalization. The campaign is a collaborative effort in Colorado to inform residents and tourists about the regulations as well as potential risks of consumption. The campaign targets teens, tourists, minorities, even fringe demographics, including breastfeeding women, who may not be aware of the potential risks of THC.
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January 3, 2015

Two States Sue Colorado for Legalization of Marijuana

By Cannabis Law Group

Colorado has been criticized internally, by neighboring states, politicians, non-profits, the medical community, and individuals who only see the negative side of legalization. While there are potential medical and public health risks, there are also potential economic losses and other business damages related to the marijuana industry. Colorado’s neighboring states and others allege that legalization has made it more difficult to enforce laws internally. It has also had severe economic costs on law enforcement agencies and related businesses. While not every state is joining the lawsuit, others have seen legalization cause harm, including economic losses that could make Colorado liable.

The federal lawsuit was filed by plaintiffs, Nebraska and Oklahoma, alleging the Colorado marijuana policy is a violation of the U.S Constitution and places and undue burden on neighboring states. Marijuana is legal under federal law, and the U.S. Constitution prevents certain kinds of competition between states. According to the complaint, the combination of these anti-drug laws and Constitutional protections make the Colorado legalization a violation of other states’ rights.

Colorado Attorney General, John Suthers, has refused to back down and is taking an aggressive approach to defeat the claim. He has made public statements that he intends to defend the marijuana laws. In defense, the Attorney General explains the major grievance named by the other states is that the Colorado law is in violation of federal drug policy. Here, the attorney has explained that the other states do not have grounds to file a claim.
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December 8, 2014

Portable Breathalzyer Tests for Marijuana in Development

By Cannabis Law Group

Officers who suspect that a driver is under the influence of alcohol can quickly test their own theory. In addition to field sobriety tests, officers can use a calibrated breathalyzer device which should correctly indicate the blood alcohol level of the driver. Nationwide, law enforcement departments are struggling with how to test whether a driver is under the influence of marijuana. The issues is especially problematic in states like Colorado and Washington, where marijuana has been legalized for recreational use. Despite legalization, it is still illegal to drive when incapacitated or over a “legal limit.”

Testing drivers may become easier for law enforcement officers as researchers at Washington State University are working to develop a functional breath test for marijuana users. If successful, the test would allow authorities to detect the levels of THC active in the driver’s blood. In the past, blood tests were used to determine levels of THC, and yet, critics pointed out that THC can appear in blood long after the effects have worn off. So will the new tests account for the disparity?
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December 6, 2014

Hazards of Secondhand Marijuana Smoke

By Cannabis Law Group

The benefits of marijuana use compared to the potential risk of inhaling the drug have been hotly debated. Whether you are a recreational or medical marijuana user, a dispensary owner, or you are against the use of marijuana, you are likely impacted by a side effect of marijuana use–secondhand smoke. For decades, medical professionals, including physicians and researchers, have known that second hand tobacco smoke can be injurious, even leading to cancer. But what about secondhand marijuana smoke? Is it as dangerous? Should we be concerned about smoking marijuana when children are in the room?

Recent research indicates that marijuana secondhand smoke could also be hazardous. According to researchers who led the study, while many people already know the risk of secondhand cigarette smoke, they may not realize that secondhand marijuana smoke is also dangerous. To study the effect of marijuana smoke, researchers exposed laboratory rats to secondhand marijuana smoke through a machine, then tested blood flow and blood vessel functions at certain intervals during the test. The rats were examined using a high-resolution ultrasound machine that could look closely at blood vessel function during secondhand exposure. According to the reports, the rats were examined 10 minutes before the exposure and 40 minutes after exposure after being exposed for 30 minutes straight. Results indicated that the rats suffered a decline in blood vessel function by 70 percent.
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December 6, 2014

New Drug Could Curb Chronic Marijuana Use?

By Cannabis Law Group

Medical marijuana proponents have found countless ways that properties of the plant can be used to treat physical and mental conditions. With more funds being invested into treatment potential, more patients are being offered medical marijuana alternatives to pharmaceuticals. What about a drug to treat marijuana dependence? With all of the talk about the benefits of medical marijuana, many still see the drug as hazardous with the potential to create dependent and addicted users. According to research, a new medication may become available to induce a natural marijuana high, in effect curbing marijuana use.

joint marijuana.jpg

According to reports, medical researchers are developing a medication useful in replenishing the supply of a molecule that activates cannabinoid receptors in the brain. In addition to becoming an alternative to the use of marijuana, proponents of the drug say that it may also be an answer in relieving mood, anxiety, and other emotional disorders. A team of researchers at Vanderbilt argue that the drug could help marijuana users who are dependent on the drug.
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November 21, 2014

Sparc: The Designer Dispensary in San Francisco

By Cannabis Law Group

As the marijuana market develops in California and nationwide, so will the myriad ways that companies brand and market their retail capabilities. “Sparc” is a leading medical marijuana dispensary in San Francisco and is known for its high-end décor, selection, and designer “Apple-esque” vibe. The dispensary was founded in 2009 and now serves a broad and diverse clientele, up to 400 buyers per day. Many of the customers will pay up to $300 for an ounce of marijuana. Sparc has become the hot-spot for marijuana lovers throughout San Francisco for its cutting-edge design, lighting, and community feel.

Some reviews of the dispensary suggest that it feels more like a wine bar than a pot shop. While you might picture a small-enclosed room with dark lighting in an old warehouse as a pot shop, Sparc is an open space with large tables, windows and warm lighting. It has also been lauded for its award-winning design and unique atmosphere. For those who want high-end services, Sparc has become the premier pot shop for buyers in San Francisco. According to the owner, the business model seeks to meet the same standards as other service industries. When you enter a restaurant or retail shop, you want to feel welcome and that customer service is important. Sparc has kept the bar high to make their customers happy.
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November 19, 2014

Chilean Moms Break Laws to Help Epileptic Children

By Cannabis Law Group

Marijuana has been known to cure help manage the symptoms in epileptic children. Now hundreds of parents in Chile have been knowingly breaking the law and growing marijuana as a last resort to help their epileptic children. According to reports, marijuana has helped alleviate pain and reduce epileptic seizures. Where traditional medications have not been of use and cost up to 8 times as much as growing marijuana, parents have been driven to grow pot illegally. One mother reported to the Associated Press that she was so distraught over the condition of her child, that she was seconds away from driving herself and her daughter off of a cliff. Her medication had stopped working to alleviate the excruciating pain associated with the condition.

For many parents, watching a child in pain is enough of a motivation to take any action–even if illegally. Under Chilean law, the use of marijuana is legal, but it is illegal to grow or produce marijuana plants. The small group of parents in Chile have started a collective known as “Mama Cultiva” to promote the use of medical marijuana to treat epilepsy in children. The group of mothers know that they are at risk of criminal prosecution and jail time, but believe that fighting for their children’s access to medical marijuana is more important. In addition to growing their own marijuana for medical use, the group aims to educate others in the cultivating the plants. The purpose of the grow operation is to extract cannabis oil, a component that has been proved scientifically to help alleviate symptoms associated with epilepsy.
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November 16, 2014

12-Year-Old Arrested for Pot Brownie Distribution

By Cannabis Law Group

For opponents of marijuana legalization, one of the concerns is the potential abuse of marijuana or accidental ingestion of edibles by children and teens. In cases of intentional distribution or consumption of edibles by children, there is the potential for severe criminal charges. This is true even when the distributor is a youth himself.

In a recent case, a California seventh-grader was allegeldy caught selling marijuana-laced brownies at school. Now, the 12-year-old is facing expulsion as well as serious criminal charges. According to media reports, the student accessed the brownies through his older brother, who holds a valid California medical marijuana card.

School authorities discovered the student was distributing marijuana after one of the other students got sick. A parent took her unconscious student to the hospital where medical professionals determined that the student had ingested pot. School administrators sought out the student with pot brownies and found a container of individually wrapped brownies in a plastic container. According to the police department, it’s not uncommon for youth to have access greater to marijuana where the drug is legal. The student who got sick is in the recovery process while the 12-year-old is now facing criminal drug charges.

If it’s later determined the boy’s brother failed to keep the drug in a safe place away from children, he might at some point face civil liability for injuries to other students.
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