California Marijuana

March 13, 2017

City-Level Marijuana Laws: Making Us Safer or Blocking Access?

State law in California now says that if you are over the age of 21, you have the right to grow up to six cannabis plans for your own personal use. The law also extends to cities and/ or counties the right to impose reasonable regulation on this homegrown marijuana provision.

These two rules were both part of Proposition 64, the state’s new legalized marijuana law. However, they conflict with each other and have become something of a battleground in some cities. In the three months since the law took effect, a number of cities home implemented rules for residential growing of the plant. But these rules are testing the boundaries of what may be deemed “reasonable” in terms of regulations.

Cities are citing concerns about safety in their provisions that prohibit marijuana gardens outdoors. Others require costly permits if people want to grow the plant. There are even a few cities that have outright banned the practice. Continue reading

March 6, 2017

Sessions Focus on Cannabis Appears to be on Cartels

By Cannabis Law Group

Although neither U.S. Attorney General Jeff Sessions or President Donald Trump have directly addressed the issue of cannabis legalization or the disconnect between federal and state laws, it does appear that the administration may likely follow the current status quo. That is, they will focus any efforts pertaining to marijuana toward attacking illegal drug cartels, rather than dispensaries or individuals who are operating legally under state law. This is the presumption, anyway, but rumors are still flying. police car

There was a blog recently that indicated White House Press Secretary Sean Spicer told a reporter that the administration would “unlikely” pursue action against states that have legalized the drug. However, when reached for confirmation of this comment, Spicer reportedly responded in an e-mail that he had “no clue where (that report) came from.”

There could be some insight provided in a recent report published by Capital Public Radio. In that piece, Sacramento County Sheriff Scott Jones commented on a recent meeting he had with Sessions, where they reportedly discussed both marijuana and immigration. In that discussion, Jones said Sessions commented that he didn’t think the federal government would put much if any time or energy on marijuana use or low-level local and state crimes. However, he reportedly said he had not ruled out the possibility of federal prosecutors getting involved where there are larger-scale operations. Continue reading

March 5, 2017

Marijuana Legalization Should Be Accompanied by Justice System Reforms

By Cannabis Law Group

The majority of Americans now consider themselves to be “cannabis-friendly,” or at least much more tolerant of it use, whether recreational or medicinal. Sixty percent of people in the country now live in a state that has some form of legalized marijuana, and eight states – including California – plus Washington D.C. allow recreational use of the drug. And yet, in six of those eight states that allow recreational use, we still have tens of thousands of people who are serving time in state prisons for non-violent marijuana crimes. handcuff

We have a duty in states where marijuana has been legalized for recreation, to also press our leaders for justice reform for those who have been caught in the long-standing war on marijuana, a war that has very clearly failed. Here in California, we are one of just two states that have taken action on this issue. Oregon is the other.

The Drug Policy Alliance reported in 2015 that more than 6,000 people were serving time in California state prisons or jails for non-violent crimes that involved cultivation or distribution of marijuana. When Proposition 64 passed legalizing the drug for recreation, it came with the caveat that allowed those individuals to apply for early release or parole and also to have their records expunged. It’s not clear at this point how many have taken up this offer or realize that it even exists. Continue reading

March 3, 2017

Cannabis Businesses Confront E-Commerce Challenges

By Cannabis Law Group

Most new businesses recognize that e-commerce has to play some type of role in their operation, and it’s often a critical one. Smartphones and computers are ever-present in everyday modern life. As of 2013, worldwide business-to-business e-commerce sales topped $1.2 trillion, and an estimated 40 percent of internet users purchase products via the web. These figures are expected to grow exponentially in the coming years, and many industries have downsized their brick-and-mortar operations in favor of e-commerce platforms (think Macy’s, Sears and Kmart). People want to click and buy. computer

Cannabis e-commerce, meanwhile, has yet to really take off here in the U.S., and for good reason. It’s true that e-commerce can help to optimize a buying experience by clearly putting the price, product, features and purchase in front of consumers so decisions can be fast and easy. However, the product sold by marijuana dispensaries – and the federal law surrounding that product – makes e-commerce a difficult if not impossible prospect, at least for the moment. This is true not just for companies selling the drug itself, but related items, such as pipes, storage containers, bongs, vaporizers and other supplies.

These legal items can often be found on Amazon and other big e-commerce platforms. Other items may include irrigation controls, piping and lights, fertilizers, hydroponics, harvesting and farming equipment and oil extraction supplies. Pretty much everything except the seeds or the plants themselves can be sold online. However, with the exemption of hemp products, marijuana and derivatives of marijuana are not able to be sold online without restriction. It’s important for recreational marijuana retailers to consult with skilled marijuana lawyers before taking their business to the web, to make sure their practices are above-board and in compliance with the law. Continue reading

February 28, 2017

Marijuana Sobriety Tests Still Elusive

By Cannabis Law Group

For decades, prosecutors have been securing convictions against drunk drivers using the same tried-and-true means of evidence gathering: Roadside sobriety tests. police car

The officer has the driver stand on a single leg, walk a straight line, recite the alphabet (starting with G), conduct an eyeball analysis. If the driver doesn’t perform as well as they should, the officer will come to court to testify about why they believe the driver wasn’t fit to drive. Criminal defense lawyers have long challenged these tactics, but they have still proven generally useful in drunk driving cases.

However, marijuana defense lawyers are increasingly successful at arguing that such tests aren’t an adequate indicator of whether someone is too impaired by cannabis to drive. There is little to no science to show that these standardized measures are effective in testing the sobriety of someone believed to be high on weed as opposed to drunk on alcohol. Continue reading

February 26, 2017

Report: Most Banks Still Reticent About Reefer

By Cannabis Law Group

When your business is legal, but you can’t access a bank for everyday functions, you have no choice but to become an all-cash venture. There is perhaps no industry that knows this woe better than those in the business of marijuana. But some are now finding that even those businesses that never actually touch marijuana may have banking headaches. money

The L.A. Times recently reported on a local businesswoman who alongside her partner launched a packaging company that caters to the cannabis industry. They produce containers, bags, logos, labels, custom-printed jars and boxes. They currently have about three workers and are preparing to bring on three more. They provide marketing and branding assistance to growers and distributors, and the owner describes it as “all very upscale.” The biggest problem, however, has been the banking.

She explained how she met with a single accountant last year who informed her she would likely only be paid in cash and that her workers and suppliers would need to be paid in cash as well. Payroll, sales and income taxes – all of it has to be done in cash. The accountant advised her to stash the cash under her mattress and then somewhere down the line find a time to make a large deposit into her bank account. When she told him that sounded illegal, he shrugged, saying that’s how everyone does it. Continue reading

February 17, 2017

Trump May Nominate Marijuana Advocate to FDA

By Cannabis Law Group

There has been a lot of uncertainty for some Americans in recent weeks as President Donald Trump has taken office, and that has extended to the question of how the federal government will proceed with regard to legal marijuana. Especially troubling was the nomination of Sen. Jeff Sessions to the post of U.S. Attorney General over the Justice Department. Sessions in the past has been outspoken in his opposition to legalized marijuana, questioning the character of those who use the drug for any purpose. american

However, there is some evidence Sessions may be softening somewhat on his position, and there could be new reason to be hopeful about the Trump-era as far as legal cannabis is concerned. In a recent confirmation hearing on Capitol Hill, Sessions, although shying away from a definitive plan for how to treat states’ legalization of the drug, did concede during questioning that to disrupt the legal marijuana markets by enforcing federal cannabis laws could result in an unnecessary strain on federal resources.

Beyond this revelation came the recommendation of Jim O’Neill for the appointment to lead the U.S. Food & Drug Enforcement Administration (FDA). According to Bloomberg News, O’Neill is managing director at Mithril Capital Management and a Silicon Valley investor. He previously served as the principal associated deputy secretary at the Department of Health and Human Services. Although he doesn’t have a medical background (and the head of the FDA has been for the lats 50 years either a medical doctor or prominent scientific researcher), he is believed to be a supporter of medical marijuana. He has strong ties with billionaire Peter Thiel, a Trump transition team member who co-founded the Coalition for Cannabis Policy Reform. Continue reading

February 15, 2017

Report: Most Police Officers Support Relaxed Marijuana Laws

By Cannabis Law Group

Law enforcement leadership for years were on the side of tighter marijuana laws. But now, it seems there may have been a substantial shift. police lights

A recent poll of 8,000 officers by the Pew Research Center finds that almost two-thirds of them believe marijuana should be legal for either medical or personal use.

This was a survey that was nationally representative, which mean it took into account a myriad of factors of police demographics. It was also one of the largest surveys of its kind ever conducted.

According to the report, a third of officers said cannabis should be legal for both recreational and medicinal use, while 37 percent opined it should only be allowed if someone needs it as medicine. Thirty percent said marijuana shouldn’t be legal whatsoever. Continue reading

February 10, 2017

Air Force Alters Marijuana Rules for New Recruits

By Cannabis Law Group

U.S. Air Force policy has historically been extremely strict with its entry criteria. This is the agency that refused entry to those who suffered from eczema, Attention Deficit Hyperactivity Disorder *(ADHD) and prior marijuana use. airforce

Now, a number of those rules are being relaxed – including the one regarding previous use of cannabis. This coincides with the fact that a growing number of states allow marijuana as medicine and for adult recreation.

Of course, the Air Force will continue to maintain a zero tolerance policy with regard to service members using or smoking cannabis. However, the number of days/ weeks/ months since the marijuana use prior to service is no longer going to be a limiting factor. Additionally, the service is no longer going to ask potential recruits how long it has been since their last time using marijuana in the standardized questioning forms. Continue reading

February 7, 2017

4 Ways the 4 Trump Years Could Influence Marijuana

By Cannabis Law Group

The marijuana industry in the U.S. is slated to become a $20 billion industry in the next four years. However, we could change course on that very rapidly depending on the approach taken by our new new commander-in-chief and those he has placed in top positions of power. There are millions of dollars and many businesses at stake. newspaper

There is reason to believe Donald Trump may lean toward favoring states’ rights on the issue. Others believe he may at the very least support medical marijuana rights. However, we also know that Trump has shown no problem walking back from several of the promises he made on the campaign trail, so it’s not illogical that he would shy away from statements in support of medicinal marijuana. On top of this, there is concern given that his U.S. attorney general pick Jeff Sessions is a vocal opponent of any form of marijuana legalization, refusing to concede even the benefits of the drug as a form of medicine.

Still, states have already taken incredible measures to pass laws and initiate regulation. What impact could Trump really have on the industry? It turns out a lot. Here are four scenarios we might see over the next four years. Continue reading