Articles Posted in California Marijuana

Since recreational marijuana was legalized in California as of November 9, 2016, residents and government regulators have experienced many unintended consequences of the regulatory sea change. Perhaps one of the most bizarre outcomes is changing an increased power needs for those areas of California which house indoor grow houses.Cannabis farmer attorneys

This is not unlike the British phenomenon of “TV pickup”. There, utility administrators must respond to predictable surges in electricity use. Geek.com reports that these surges are a well-documented correlate of the widespread use of electric tea kettles immediately after popular TV programs end. The British National Grid allots an electricity reserve to manage these surges, and can even access reserves in France when needed. If there is a lesson to be learnt from British utility services, it is that careful planning around reliable data can be used to prevent interruptions in service and other problems as a result of increased electricity demand.   Continue reading

The Adult Use of Marijuana Act ensured that the State of California would begin issuing cannabis business licenses no later than January 1, 2018. The state is working feverishly to meet this deadline. Nevertheless, it is a massive undertaking which will require the coordination of hundred of employees at dozens of state agencies. These include: the Bureau of Medical Cannabis Regulation within the Department of Consumer Affairs; CalCannabis within the Department of Food and Agriculture; the Office of Medical Cannabis Regulation within the Department of Public Health; and the California Department of Technology.

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While it remains to be seen exactly when cannabis business licenses are issued, the state has taken an important step toward implementing an efficient licensing system. Government Technology reports that the state has selected software from Accela, Inc. to manage licensing for the cannabis industry. State Chief Information Officer Amy Tong says the software was chosen due to a competitive price quote, ease and flexibility of use, and its successful history within the industry and other state licensing entities. While this successful history does bode well for cannabis business licensing, it is, of course, no guarantee of success in meeting the state’s January 1 deadline.  Continue reading

As of November 2016, recreational marijuana use is legal within the state of California. As Californians have begun to enjoy the benefits of this law, they are learning a hard lesson: federal law enforcement can trump state law, even within state borders. cannabis defense attorneys

The conflict between state and federal law is apparent in many aspects of California life. Cannabis businesses cannot bank in federal institutions, because their finds are considered illegal drug money. Federal employment is usually unavailable to Californians who use marijuana (whether recreationally or medicinally). And in perhaps the most confusing of all restrictions, marijuana use is illegal on federal lands within state borders. Continue reading

Most Californians are aware that recreational marijuana use was legalized in November 2016. What is less well known is that Proposition 64 (the Control, Regulate and Tax Adult Use of Marijuana Act, or “the Act”) also carried sentencing provisions, which eliminated penalties for minor marijuana offenses, and reduced penalties for more serious offenses such as selling or cultivating marijuana. More importantly, these provisions are retroactive. This has allowed many incarcerated Californians to file petitions under the Act and seek immediate release. Hundreds of inmates have achieved such release since the law took effect.  cannabis conviction attorneys

The Effects of Proposition 64

The Huffington Post reports that close to one million people in California qualify for relief under Proposition 64. This can include: reducing a felony conviction to a misdemeanor; terminating a sentence of probation or incarceration, expunging criminal records, or dismissing a pending case. The terms of Proposition 64 created a new law (California Health and Safety Code §11361.8) by which to facilitate the process of applying for relief.

Retroactive application of a sentencing law is unusual in and of itself, but §11361.8 is even more striking, in that it does not place a time limit on which the conviction must have occurred. Any person currently serving a sentence may apply for relief if he or she would not have been guilty – or been guilty of a lesser offense – had the Act been in affect at the time of the offense. Moreover, California courts are instructed to broadly grant petitions for relief. In order to deny such a petition, the court must determine that an unreasonable risk of danger to public safety would be posed by granting it. This creates a de facto legal presumption that qualified applicants are entitled to have their petitions for relief under the Act granted. This presumption can be challenged (and overcome) by a prosecutor, but it is still an advantage for defendants seeking relief from their sentences for marijuana offenses. Continue reading

With all the talk about legalization of marijuana for recreational use for adults in California, many are wondering what will happen to the medical marijuana market.  One thing that is certain is that medical marijuana patients will still be able to get their much-needed medicine.

marijuana deliveryThere is a good chance they will still be able to get it from the same dispensaries they have been going to because of the fact that colocation will be legal in most places.  This means that the same dispensaries that are already in existence will be able to also sell marijuana for recreational use. Continue reading

The City of Los Angeles has just released a draft of the “Commercial Cannabis Activity Requirements.”  These are the essential regulations for the medical marijuana business in the City of Los Angeles.  This document is 51 pages and must be posted for 60 days during a period for the public to make any comments they see fit.

marijuana attorney Orange CountyThe new regulations will cover various aspects of the recreational sale of marijuana.  This includes recreational use marijuana cultivators, distributors, manufacturers, testing centers, and other parts of the marijuana business. Continue reading

According to a recent news article from Time, a marijuana vending machine may be hitting the market soon.  This device uses a fingerprint scanner to verify the identity of the purchaser before it will dispense any marijuana.  This can be used to verify the age of the buyer as well as whether the buyer is one of the registered medical marijuana patients in areas where recreational use marijuana is not legal.

Marijuana Business Lawyer LAWhile it may seem strange to have a marijuana vending machine, there are various reasons why this may be helpful to many consumers.  The first, as discussed by the company spokesperson, is that it will allow a person to get medical marijuana without having to run into someone from school, work, or church, for example. Continue reading

The majority of people in this country, especially voters in California, support the legalization of medical marijuana, and now even recreational use of marijuana in many areas, and it is getting harder for marijuana opponents to stop the current trend.  However, there is one group that is still outspoken against marijuana legalization, and this is the law enforcement community.marijuana defense

While they often talk about crime and school children using marijuana, these fears are largely not actually becoming reality, as we have seen in states like Colorado that have legalized the recreational use of marijuana. The reality is that that this increase in crime is not likely the real impetus behind police wanting to stop marijuana legalization. Continue reading

A California man was arrested recently in connection with an alleged crime involving a chocolate bar containing THC. According to KEYT, the incident occurred on March 12, 2017 and the man was arrested both because of other drugs found during a search, as well as because he was accused of not disclosing to the woman who consumed the candy that there was cannabis in the confectionary treat. marijuana defense

Under the laws in the state of California, knowingly providing an edible cannabis product to another person without first informing the recipient that the food contains cannabis can be considered a form of unlawful poisoning. This can result in legal charges and criminal prosecution. If you are arrested for this type of crime or if you are arrested for any offense related to cannabis, it is important you contact a marijuana criminal defense lawyer for help responding to serious charges.

You could potentially face substantial penalties for the crime of poisoning or other marijuana crimes, and you should work with your attorney to develop a sound legal defense strategy aimed at securing an acquittal or aimed at reducing possible penalties through the effective negotiation of a reasonable plea bargain. Continue reading

By 2021, the legal market for marijuana sales is expected to exceed $22 billion, according to The Motley Fool. Los Angeles marijuana business attorneys know how profitable marijuana sales can be for companies who comply with state regulations to sell marijuana within jurisdictions where cannabis sales are legal. Governments can benefit in significant ways from the tax revenue associated with legal marijuana sales, and users of medicinal marijuana benefit from improved health and a reduction in illness symptoms. marijuana lawyer

Despite the many benefits of legal marijuana, and the rapid growth of the cannabis industry throughout the United States, cannabis purveyors and cultivators, as well as researchers learning about the benefits of cannabis, continue to face substantial hurdles. From a lack of access to financial institutions to the ever-present fear of a federal crackdown to the difficulty of obtaining cannabis samples for scientific research, there are a vast array of challenges created by the fact that the federal government continues to classify cannabis as a Schedule I substance. Continue reading

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