Oregon marijuana lawyers

May 13, 2019

Forest Cannabis Farms Down in Oregon, Washington Post-Legalization

Much ire has been expressed by licensed California cannabis cultivators and dispensaries at the unfair black market competition by those who don’t pay state fees and taxes and whose product isn’t thoroughly vetted. Orange County marijuana lawyers understand the glut of illegal marijuana has undermined the roll-out of recreational marijuana in communities from Los Angeles to San Francisco. California marijuana farming attorney

Similar problems have been reported not just here but in other liberalized state marijuana statutes appear to have had little impact on black market sales. So far, 10 states including California have legalized marijuana for recreational sales.

Not so in Oregon and Washington, a new study suggests, indicating that the way states have written their recreational marijuana laws may play a big role. Since Washington and Oregon legalized recreational marijuana (in 2012 and 2014, respectively) there has actually been a decline in the wealth of marijuana farms throughout the state’s national forests, resulting in reduced adverse ecological impact.

European scholars in an analysis published recently in the journal Ecological Economics, identified a number of health and economic upsides to Oregon and Washington marijuana policy, something California legislators may want to note. Continue reading

April 9, 2019

Interstate Cannabis Commerce? Oregon’s Readying For It

By Cannabis Law Group

Despite the fact that cannabis legalized in California, interstate sales are almost sure to land you in handcuffs. Federal law prohibits any form of cultivation or retail sales. Officials with the U.S. Department of Justice have largely agreed to look the other way since The Cole Memo, so long as the cannabis commerce in question strictly adheres to state law. The memo says nothing about interstate sales and distribution, which some states expressly prohibit. Nonetheless, our Los Angeles marijuana business lawyers understand Oregon lawmakers appear to be hedging their bets in anticipation of federal marijuana legalization.

State senators are crafting a bill that would permit cannabis exports to other states in the U.S. as of 2021.

Oregon’s Legal Cannabis Market Strain Fuels Push for Trade Beyond State Borders

January 2, 2019

Marijuana Businesses Increasingly Face Wage and Hour Lawsuits

By Cannabis Law Group

As Los Angeles attorneys focusing our practice on both California marijuana law and employment law, we’ve seen that the intersection of these two has never been more apparent. Many of these cases focus on the right of an employee/ user of marijuana (particularly for medical purposes) to use legally-obtained drugs on their own time, so long as it doesn’t interfere with the safety or efficiency of their job performance. The results of those claims have been mixed, though as the American Bar Association notes, the trend has been courts siding with employees. marijuana attorney Los Angeles

Now though, our marijuana business attorneys are seeing a new type of claim cropping up among cannabis companies: Employment litigation pursued by workers within the cannabis industry. One of the most recent is a marijuana employment lawsuit filed in the U.S. District Court for the District of Oregon.

Plaintiff was previously employed to provide expertise and labor to an investment company that owned a marijuana grow operation in Junction City. He alleges that despite being a non-exempt employee, in turn requiring the company to pay at least minimum wage plus overtime for all hours worked over 40 in a given week (which he claims he did frequently), the company failed to pay him for approximately 2,500 hours worth of pay. He further alleges the cannabis company failed to provide him itemized pay statements or establish a regular pay day, both in violation of state employment laws. He also incurred numerous expenses on behalf of the company, such as using his personal vehicle for work purposes with no reimbursement. Continue reading

January 25, 2017

Oregon Marijuana Business Shifts From Medical to Recreational

By Cannabis Law Group

Marijuana business in Colorado is seeing a major shift with the passage this month of a measure that halts sales of recreational marijuana at medical marijuana dispensaries. marijuanatray

There is widespread understanding by those operating medical dispensaries that with the law allowing recreational use in place, they are not going to be able to survive peddling medical pot alone. Now that recreational marijuana dispensaries can sell to anyone over the age of 21, there is little incentive for consumers – or dispensaries – to go through the additional bureaucracy that medicinal marijuana requires – except in case where patients are under the age of 21. That could mean those patients will have a tougher time finding specialized strains or compounds.

The new regulation also comes with a provision that allows consumers to purchase more of the plant and pay lower sales taxes on it. However, at least for the next few months, they may find they have fewer venues from which to buy. That’s because dispensaries will be actively making the shift from medicinal operation to recreational sales. Continue reading

January 18, 2017

Cannabis Business Licensing Woes in Portland Costing $22M/ Month

By Cannabis Law Group

The cannabis licensing process in Portland is reportedly so bogged down with problems, entrepreneurs and businesses are taking a major financial hit every month. Some have even been forced out of business.

That’s according to a new report released by the city of Portland and Office of Neighborhood Involvement. A chief economist who works closely with marijuana businesses hoping to forge a legal path into local industry says the complicated bureaucracy of the process has forced some applicants to go belly-up. As of last month, only 19 out of 355 applicants had received their licenses. Another 30 cleared the process, but were waiting to pay their respective fees.

The economist noted that if the city fails to license a significant number of more cannabis businesses soon, the effect on the marijuana market in Oregon overall is going to be greatly adverse. Continue reading

November 18, 2016

Tainted Marijuana Health Alert Issued by Oregon Officials

By Cannabis Law Group

A series of cannabis-related health alerts was issued in Oregon recently, after health officials cited concerns over high levels of pesticide residue on some batches. marijuana

According to The Oregonian, the first alert in mid-October concerned two strains sold by a Portland-area dispensary called New Leave that had high levels of an insecticide called spinosad. The marijuana was sold to some 130 consumers over two days. The strains were dubbed, “Dr. Jack” and “Marion Berry.” The Oregon Health Authority reported the spinosad levels in the former batch were 42 parts per million while the latter had 22 parts per million. The maximum allowable by health regulations is 0.2 parts per million.

The second alert came earlier this month when it was determined that three strains of marijuana flowers sold from dispensaries in North Bend, Eugene and Salem also had unsafe levels of spinosad. One of those batches, “Dutch Treat,” sold in Eugene to about 30 people, had 0.9 parts per million of the chemical. Meanwhile, two other strains – Dryzle and Pleeze – were sold to approximately 340 people at two dispensaries between mid-to-late October. Those strains had high levels of a chemical called piperonyl butoxide, which in itself is not a pesticide, but is a powerful and potentially dangerous ingredient that is only allowed to have 2 parts per million. In the Pleeze and Dryzl strains, there were between 15.39 and 16.24 parts per million, based on independent lab tests. Continue reading

October 27, 2016

Report: Oregon Recreational Marijuana Sales Off to Strong Start

By Cannabis Law Group

Consumers can now buy recreational marijuana in Oregon.

The state has a long history with the drug, having first approved it for medicinal use way back in 1998, two years after California became the first state to treat marijuana as medicine. Oregon later approved the drug for recreational use in 2014. However, it was only recently that recreational sales were allowed to officially begin in the state. There were some medical marijuana dispensaries (380 statewide) that obtained waivers in the interim to sell products to recreational users.

Today, there are 26 retailers that are officially licensed by the state to sell recreational marijuana. The sales are overseen by the Oregon Liquor Control Commission and the Oregon Health Authority. There was originally some concern that some of these retailers would have to pull a significant amount of inventory off their store shelves because the products failed to meet the latest testing, packaging and labeling standards that were recently approved. However, the two oversight agencies ultimately decided that if stores don’t yet have the pre-approved packaging and labels on their products, they can instead use generic labeling and packaging until their own packages and labels get a stamp of approval. Continue reading

October 24, 2015

A Look at a New Administrative Framework for Recreational Marijuana

By Cannabis Law Group

Oregon is moving forward with the legalization of marijuana for recreational use. The Oregon Liquor Control Commission released wide-ranging rules this month that will launch the industry next year. More than 77 new pages of administrative rules were released, addressing a wide variety of important aspects of the new statewide industry.

Los Angeles marijuana lawyers know that legalization of marijuana for recreational use needs to come with laws that allow for effective regulation of sales and consumption. States have always been the laboratories for democracy, and as different locations move forward with legalization, it is important to consider the different frameworks they put into place to find out what works. If legalization of cannabis for recreational use is ever to occur on the federal level, it is likely it will adopt provisions of one or more state codes that have been effective at regulating recreational marijuana sales and use.
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November 3, 2014

Law Enforcement Officers Support Legalization in Oregon

By Cannabis Law Group

Marijuana legalization is a polarizing issue in the U.S.

Historically, we could always count on certain groups to staunchly oppose greater access, including parents, prosecutors and law enforcement officers. But lately, we’ve begun to see a shift.

Parents now see how medical marijuana has worked to alleviate the symptoms of children suffering cancer. Prosecutors have noted the flood of non-violent drug offenders whose cases clog the courts. Law enforcement, though, had seemed the one staunch hold out. Perhaps no more.

According to a recent report in the Huffington Post, a coalition of law enforcement officers have spoken out in support of marijuana legalization in the state of Oregon.

The petition was made public less than one week before voters cast their ballots in Oregon. The letter details the benefits of legalization, articulating that criminalization of marijuana has failed. According to the officers, arresting and citing the thousands of marijuana users in Oregon is only a distraction for law enforcement departments, as well as a “misuse of taxpayer resources.” The officers say these resources would be better spent on other initiatives. According to the law enforcement officers who signed the petition, resources should go to tackling violent crimes, thieves and the cartels that distribute heroin, cocaine and other more dangerous drugs.
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August 22, 2014

Marijuana Law and the Complications for Interstate Travelers

By Cannabis Law Group

Disparate state marijuana laws can make it difficult to know when and where you may be charged with a crime. Penalties for various charges can also vary widely. Unfortunately, for travelers throughout the U.S. the checkerboard of legal versus non-legal marijuana states make predictability and prevention of an arrest or criminal charge complicated. In the event of a criminal conviction, defendants can still face significant penalties, including years or even decades in prison. For immigrants, the consequences could be more devastating, including deportation.

Taking the U.S. interstate and carrying marijuana can be a huge risk, given the varying degrees of legality, enforcement and penalties by state. Our Orange County marijuana law attorneys are dedicated to protecting the rights of our clients. In addition to providing strategic criminal defense, we also help marijuana distributors and other proprietors protect their rights and ensure compliance with California marijuana law. Our attorneys are abreast of the evolving marijuana market and the trends in marijuana law that could prevent charges or expose users and distributors to liability.
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