Federal Enforcement/ California Marijuana

April 6, 2018

Medical Marijuana Protection Intact in Federal Spending Bill

When President Trump signed a recent spending bill, he not only prevented the looming third federal government shutdown of the year, but also let the Rohrabacher-Blumenauer amendment slide through, thus continuing protections of state-compliant medical marijuana operations. While seemingly small, this was a pretty significant victory for those who depend on medical marijuana, whether as a patient or cannabis business owner. Marijuana users have been somewhat nervous since the change in administration, particularly with U.S. Attorney General Jeff Sessions openly making it his mission to eradicate all advancements in the marijuana industry.

First introduced as Rohrabacher-Farr in 2001, the amendment as we know it was not signed into law until December 2014. As our medical marijuana attorneys can explain, while it does not legalize medical marijuana federally, it essentially restricts officials from spending government funds to disrupt any medical marijuana-related actions or businesses that are in compliance with relevant state and local laws. The catch is, the amendment must be renewed every year to remain in effect. It is essentially a bandage Congress created to stop the war being waged between states and the federal government. More states now have legalized medical marijuana than not. Meanwhile the federal government is clinging to an outdated Schedule 1 classification of marijuana under Controlled Substances Act, 21 U.S.C. Section 812.

April 4, 2018

Maine Won’t Punish Workers for Cannabis Use On Own Time

By Cannabis Law Group

Marijuana users in Main will no longer have to choose between marijuana and their jobs. cannabis legalization Thanks to the implementation of IB 2015, c.5, “Question 1 – An Act to Legalize Marijuana” in February, employers can no longer drug test applicants for marijuana or fire workers for using cannabis on their own time.

This part of the new law has taken effect despite the fact that other portions are still lagging, namely the regulations necessary to begin sale of cannabis and cannabis products.

Voters in Maine approved recreational use, sale and taxation of marijuana back in November 2016. Initially, the law was supposed to go live in January 2017, but it soon became clear that wasn’t nearly enough time to get all the necessary regulations in place and build the foundation of a pot economy. So they moved the deadline to launch legalization out to February 2018, putting Maine on a similar timeline to California’s roll-out of Proposition 64, which also was voted on in 2016, and began implementation Jan. 1. Unlike California, though, Maine has yet to finalize rules for legal sales yet. To be fair, California had a lot more experience since our state legislators had been working with medical marijuana operations since 1996, while Maine only legalized medical marijuana a few years ago. But Maine state senators also did not extend the moratorium on the deadline to make sales legal, according to a report from The Press Herald.

March 27, 2018

Cash-Only System Tough on Marijuana Businesses When Paying Taxes

By Cannabis Law Group

In the midst of tax season, the paradox of tax-paying marijuana business owners being treated like criminals takes center stage. The San Francisco Chronicle recently described the scene as marijuana retailers brought bags of cash to tax administration offices. Some retailers reported bringing in up to $80,000 at a time.

But what other choice did they have? California has opened the door for legal recreational sales with the implementation of Proposition 64 this year, which is bringing a new wave of money-making opportunities for cannabis entrepreneurs. And where there is money-making, there are also taxes. These businesses want to pay their taxes, but without the option of processing transactions and savings in a bank like a normal business, cannabis companies end up paying taxes with cash out of bags.

As our marijuana attorneys can explain, at the heart of this issue is Controlled Substances Act, 21 U.S.C. Section 812. According to the federal government, marijuana is classified as a Schedule I narcotic under this act. A Schedule I classification means that a drug “has high potential for abuse” and has no accepted medical use in the United States. And even under medical supervision, it would not be considered safe to consume. Obviously, nothing could be further from the truth when it comes to marijuana. For more than 20 years, cannabis has been offering relief to patients in California for everything from cancer to arthritis to anxiety thanks to the Compassionate use Act of 1996. Continue reading

February 22, 2018

Recreational Marijuana Gets Sanctuary in Berkeley

By Cannabis Law Group

While excitement over marijuana legalization continues to rise at the state level, the incoming clouds of the federal government continue to threaten to rain on the parade. And while some hope to just wait out the storm, others are taking the matter into their own hands.

Berkeley City Council is putting its city and citizens first by becoming a sanctuary city for adult-use marijuana, according to CNN. The council passed a resolution recently that would prevent local agencies from using city funds to enforce federal marijuana laws. That means if federal agents try to come down on anyone in the city, they can do so within the boundaries of their own authority, but not with the assistance of the city or its employees. No financial assistance. No help from employees. No access to information.

The city is taking it a step further as well by actively fight against any steps by Drug Enforcement Administration to close down recreational marijuana businesses in the city.

February 17, 2018

Medical Marijuana Advocates Take Aim at Goliath Department of Justice in Court

By Cannabis Law Group

In the David versus Goliath of weed, five plaintiffs are taking on the federal government’s archaic stance on cannabis, claiming they have “suffered medical marijuana harm, and … are continually threatened with additional harm” as a result of marijuana’s Schedule I classification under Controlled Substances Act, 21 U.S.C. Section 812.

Arguments recently began in U.S. District Court Southern District of New York for the lawsuit filed against Attorney General Jeff Sessions, Department of Justice, U.S. Drug Enforcement Agency and its director Chuck Rosenberg, and, to top it off, the United States of America.

Plaintiffs include a military veteran who uses cannabis for post-traumatic stress disorder, a former pro football player with a business that sells hemp-based products, representatives for two young children, each of whom suffer from severe medical issues, and Cannabis Cultural Association, a non-profit organization meant to help minorities benefit from the cannabis industry, according to an article from Associated Press. The lawsuit also outlines that, while not a class action, it would benefit tens of millions of Americans who depend on marijuana’s medical properties. Continue reading

February 14, 2018

Federal Budget Protects State Medical Marijuana Businesses, For Now

By Cannabis Law Group

One of the beacons of hope for medical marijuana businesses during these uncertain times has been Rohrabacher-Blumenauer, an amendment that medical marijuana lawyers blocks the Justice Department’s ability to spend money on prosecuting medical marijuana operations that are compliant with their state’s relevant laws.

However, this amendment is not a permanent structure and is put in peril every time the government shuts down and Congress must pass a spending measure. Given the tumultuous nature of the current budget debates at the federal level, this has already happened multiple times this year. Each time Congress goes for a vote, the medical marijuana community must hold its breath and wait to see if the amendment will be included in the next budget parameters. That’s no way to treat respectable business owners.

So far it has survived each round, but with another vote coming up in March, we’re not in the clear just yet, according to Leafly.

February 13, 2018

Los Angeles Government Agencies Warned About Cannabis Usage

By Cannabis Law Group

The more understanding of cannabis changes, the more enforcement of archaic laws stays the same. cannabis legalization

In Los Angeles and other areas in California, government employees are getting warning letters reminding them that they are not allowed to consume marijuana, even while off-duty, saying their employers strict no-drug policies have not changed, even as state laws have evolved into the 21st century, according to NBC Los Angeles.

The warnings were spurred by the passing of Proposition 64, which led to legalization of recreational marijuana in California as of Jan. 1. Los Angeles is one of the cities which has welcomed legalization efforts and cannabis businesses. Meanwhile, it is clear many will not be able to enjoy the same freedoms as their fellow residents.

No one is arguing the merits of such a policy when it comes to consuming anything that might impair a worker while on the clock. But prohibiting marijuana use on one’s own time is as ridiculous as forbidding an employee from enjoying a glass of wine after a long day at work. Continue reading

February 12, 2018

Medical Marijuana Education Critical Under Current Administration

By Cannabis Law Group

Recently, U.S. Attorney General Jeff Sessions rescinded an Obama-era Department of Justice Directive that essentially urged federal prosecutors to medical marijuana ignore marijuana crimes so along as alleged violators were in compliance with state laws. This step gave states the space to figure out how they wanted to handle recreational and/or medical cannabis laws without interference from the federal government.

Sessions, however, has made it clear he intends to revive marijuana prosecutions based on the drug’s current Schedule I controlled substance designation under the Controlled Substances Act, 21 U.S.C. Section 812. By rescinding the 2013 order, Sessions has given federal officials the freedom to pursue charges against anyone for these violations – even if they follow state and local laws to the letter. Our marijuana attorneys in L.A. encourage all cannabis business owners in California to seek prompt legal counsel to best protect themselves and their livelihood.

Some don’t see this as an immediate threat, citing the lack of resources to go after so many operations. They also point to a lack of support among citizens to pursue such charges, meaning juries will be more reticent to convict. Others are less optimistic. Continue reading

February 3, 2018

Representatives from California Aim to Declassify Marijuana at Federal Level

By Cannabis Law Group

While Attorney General Jeff Sessions is doing all he can to hold states to federal law regarding marijuana, some representatives are pushing to Los Angeles marijuana legalization eliminate federal grasp over cannabis altogether and begin the healing process of the destruction caused by the war on drugs.

The Marijuana Justice Act of 2017 was originally introduced in the Senate by Cory Booker (D-New Jersey) in August, where it stalled. Two representatives from California — Barbara Lee (D-CA 13th District) and Ro Khanna (D-CA 17th District) — are now trying to get a companion bill before the House of Representatives. The objective of these bills is to remove marijuana as a Schedule I narcotic in the Controlled Substances Act, 21 U.S.C. Section 812.

This move comes on the heels of Sessions rescinding a directive, known as the Cole Memo, issued in 2013 by the Department of Justice during the Obama administration, which indicated that federal prosecutors should not pursue charges in relation to illegal marijuana activity so long as those in question were abiding by state laws. Continue reading

February 1, 2018

Vermont Governor Signs Recreational Marijuana into Law

By Cannabis Law Group

Attorney General Jeff Sessions recently rescinded an Obama-era Department of Justice memo, which directed federal prosecutors to lay off cannabis Orange County recreational marijuana charges in states where activity is legal. This has effectively opened the doors for officials to pursue legal action against operations per the federal Controlled Substances Act, 21 U.S.C. Section 812, even though they are abiding state laws.

That isn’t stopping states, though, from pressing forward with marijuana legalization.

Vermont is the latest state to make recreational marijuana legal for adult use, joining California, Colorado, Washington, Oregon, Maine, Massachusetts, Nevada, Alaska, and Washington, D.C. But what makes Vermont unique is that this is the first recreational marijuana law passed through legislation rather than a ballot initiative, according to a report from Huffington Post. This was necessary, however, because the state does have a system for voting on such measures. Continue reading