Articles Posted in California Marijuana

Here in the western states, the conflict between strict federal marijuana laws and increasingly-permissive state marijuana laws has created much confusion. The public, government officials, and even police officers on the front lines of marijuana law enforcement seem unable to reach a consensus on what cases will be prosecuted and why.  Now, more than ever, it is critical that defendants facing marijuana charges have a the advice of a criminal defense attorney who is skilled in cannabis-related offenses.cannabis defense lawyers Continue reading

It’s a new trend, but one that perhaps should not be surprising to Californians. More and more couples are choosing to make marijuana part of their special day. From cannabis buds in fl

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oral arrangements to marijuana favors for guests, there are many ways to incorporate marijuana into the more classical wedding traditions. The Guardian reports on one wedding that featured a “pot sommelier”. Wearing a three-piece suit, the elegant professional presided over a “dab bar”, and gave guests guidance on the best marijuana pairings for their palettes. The Atlantic describes another couple who chose to share a “first toke” with their guests in lieu of a more traditional first toast to the newlyweds. Still other couples commissioned specialty versions of traditional wedding products, such as a four-foot ice bong, or a “unity bowl” with two mouthpieces, upon which the couple could share a ceremonial first toke together.  

For wedding planners, caterers, florists, venue operators, and other wedding vendors, the legalization of recreational marijuana in California has created a vastly-expanded potential market of specialty services to offer their clientele. While the marijuana industry is still highly regulated, it is also very profitable. Wedding vendors can successfully execute business expansions with strategic operations, legal compliance, and other important business planning.

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Like business owners in any industry, cannabis entrepreneurs must prepare for the various taxes which will be levied by state and local governments. This can be an overwhelming task – especially in the current environment of unsettled regulations and uncertain administrative policies. However, strategic planning can devise tax strategies which reduce a company’s overall tax liability, and thereby improve its profitability. Prepare your business for the overhaul of the cannabis industry which has already started across California.

By consulting with a cannabis business attorney, you can prepare your business for profitable operations from Day One.  cannabis business attorneys

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Local and state government agencies across California have a significant amount of work to do before January 2, 2018. Proposition 64 – The Adult Use of Marijuana Act – provided that the state would issue business licenses for recreational marijuana sales no later than January 1, 2018. (Because January 1 is a state holiday, the licenses are scheduled to begin issuing on January 2). Much of this work fell to the California Bureau of Medical Cannabis Regulation. The Bureau was formed by legislation enacted in 2015 to regulate medical marijuana in the state. Now, the bureau chief has been named California’s Cannabis Czar.   California marijuana lawyers

The Mercury News spoke with state Cannabis Czar Lori Ajax to learn what Californians can expect to happen with recreational cannabis business licenses come January 2. Ajax acknowledges that not every business license will be issued on Day 1, but claims that applications will be accepted, and the online system will be up and running. Ajax also claims that temporary licenses may be issued in order to facilitate a timely start to sales of recreational marijuana. Furthermore, medical marijuana business licenses will continue to be valid until the state makes final determinations about the regulation of medical marijuana licensees. Holders of medical marijuana cards will, therefore, be able to obtain cannabis from local dispensaries, regardless of the state of recreational business licenses on January 2, 2018. Continue reading

Recreational sales of marijuana in California will be legal by next year, yet most financial institutions refuse to allow marijuana companies to open up business accounts. Entrepreneurs remain uncertain of how to manage a legitimate business when they’ve got mountains of cash to manage. They are asking the state and/ or municipalities to get involved. Specifically: Start a public bank that would cater specifically to cannabis companies. marijuana business attorney

Some leaders and candidates are beginning to warm to the idea, which would involve a government-owned institution with the authority to take deposits, issue loans and be on board to work with business that derive profit from marijuana – even though it’s a Schedule I narcotic.

California Lt. Gov. Gavin Newsome, who is also vying for the governorship, has publicly backed the foundation of a government bank and held discussions with leading marijuana industry insiders. Recently, the L.A. City Council President called for an analysis into a city-owned bank that would be able to serve marijuana businesses.

Marijuana has been legalized – slowly – in more than half the states in the U.S., either for medicinal or recreational purposes (26 in all). And yet, the National Collegiate Athletic Association (the non-profit that regulates athletes in some 1,300 programs and organizes athletic programs in many colleges and universities throughout the U.S., overseeing some 450,000 college athletes) continues to test college athletes for marijuana. Those who test positive still face substantial punishments – up to an including expulsion from the team.cannabis lawyer

This is true even in states like California, Colorado and Washington, where the drug is legal for those over the age of 21.

Recently, CBS Sports polled college coaches – anonymously – for their views on college athlete marijuana use and whether it should continue to be penalized the same way, given the current legal climate. Continue reading

Proponents of the failed “War on Drugs” have long characterized marijuana as a “gateway” drug, meaning it opens the doors to use of heavier, more dangerous narcotics.marijuana lawyer

But now, a new drug rehabilitation center in Los Angeles is touting cannabis as an “exit” drug – a way out of the prison of addiction. As Leafly reports, the center, called High Sobriety, does not focus on complete and total abstinence of all substances (the hard-line approach advocated by groups like Narcotics Anonymous and other 12-step model programs). Instead, participants are encouraged to rely on marijuana as a means to cope with the difficulties of withdrawals and more. Although many treatment models staunchly discourage replacing one drug for another, that’s exactly what facilitators hope to do here. Marijuana, they say, is much less threatening than the harder drugs like heroin, cocaine and prescription narcotics for which the cannabis serves as a substitute.

The facility and its treatment model are quite new, but there is a high likelihood we’ll see more of these centers crop up if there are continued success stories. Although medicinal marijuana has been available in California for those with certain debilitating medical conditions since the 1990s, those in the treatment center won’t need a prescription, so long as they are over 21, thanks to the passage of Prop. 64 last year. Continue reading

Cannabis businesses have many legal issues with which to contend, from banking to bud-tending. Commercial leases for cannabis businesses raise special concerns for both landlords and tenants.marijuana business

Because of the federal civil asset forfeiture program, which allows the U.S. Justice Department to seize assets of any real property used to manufacture or distribute drugs that are illegal under federal law, the typical boiler plate lease won’t cut it. That’s why in many cases, property leases that involve cannabis businesses use something known as an “escape clause,” for instances when there is federal intervention or enforcement action. This can help protect the property owner, but it’s likely to end – or at least halt – the marijuana business indefinitely, likely costing a great deal of money.

We must now also consider the recently-passed Medicinal and Adult Use Cannabis Regulation Safety Act (MAUCRSA). Structuring the business – and the commercial lease agreement – according to these provisions can help safeguard your financial investment and livelihood.  Continue reading

Federal banking regulations have made the operation of a cannabis business both a complicated and dangerous proposition. Because cannabis is still classified as a Schedule I drug under federal law, any transactions made at a cannabis business operating lawfully under state law are, nonetheless, considered illegal drug money under federal law. This is a problem for banking institutions, because they are subject to federal law and banking regulations. Most cannabis businesses have no alternative other than to operate exclusively in cash. Continue reading

It is a logical contradiction, but one which can benefit cannabis entrepreneurs: despite being banned by federal law, marijuana and marijuana products can be protected by federal patents. Problems with theory and logic notwithstanding, cannabis business owners can protect and enhance their business interests with an understanding of the patent process.   Continue reading

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