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Although hemp and CBD are no longer on the U.S Controlled Substances list, thanks to the 2019 Farm Bill, there are still regulatory agencies that can impose stringent restrictions on their use. L.A. CBD lawyers have been closely monitoring the evolution of federal policy and statutes pertaining to application of legal sales, in particular infusion of food and beverage products made from hemp-derived CBD. L.A. CBD lawyers

In April, the U.S. Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau (TTB) made clear that CBD made with hemp can’t be lawfully added to alcoholic drinks.

In response to a flood of inquiries submitted by L.A. CBD lawyers and other interested parties, the TTB made clear that while CBD and hemp are now federally legalized, that legality doesn’t pertain to alcohol. Continue reading

Throughout Southern California, marijuana dispensaries are reportedly selling cannabis products that are counterfeit – capitalizing on another firm’s branding, holding out one’s illicit products as legal or both. Law enforcement and marijuana business lawyers in Los Angeles are actively monitoring both fronts.counterfeit cannabis

The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) establishes a complex maze of rules and regulations to ensure pot products sold to the public are safe and legal. That means cultivators, manufacturers and dispensaries are vetted and licensed, cannabis goods are tracked seed-to-sale and quality assurance testing is conducted to limit consumers’ exposure to dangerous metals and pesticides.

Despite this, black and gray market marijuana operations in L.A. abound. Continue reading

Industrial hemp agriculture and production is now legal in California. Following the passage of the 2108 Farm Bill, followed by the recent launch of the California Industrial Hemp Program, following approval of Division 24 of the California Food and Agricultural Act. This measure allows registered growers and established agricultural research institutions the green light to grow industrial hemp.hemp attorney

Farmers in Orange County are finally ready to dig in, looking to carve a market niche of one of hemp’s many products, including:

  • Textiles
  • Lotions
  • Paper
  • Biofuels
  • Animal feed

The list goes on for miles, which sets the stage for this incredibly versatile part of the cannabis plant to quickly become an invaluable cash crop and one of the fastest-growing cannabis markets in Southern California. We may even see some marijuana dispensaries and related companies shift their sights more to this sector, given that the glut of black market recreational marijuana and intense state regulatory requirements have left many pot shops struggling to stay afloat

Our Orange County hemp attorneys do urge industrial hemp entrepreneurs to be diligent in the exercise of abundant caution with respect to careful following of local, state, federal and international regulation for hemp cultivation and sales. Basic information costs, restrictions and licensing is on the state’s industrial hemp program page. However, any question hemp law firm that can help establish a business plan, ensure licensing is and navigate the complex regulatory scheme by which hemp growers need to abide for above-board cultivation. Continue reading

A number of cannabis trademark infringement lawsuits have been cropping up nationally. Many involve other dispensaries or ancillary businesses in nearby marijuana markets, but an increasing number pit other plant businesses against pot shops. Horticulture, lumber and other “green product” companies are more likely than other industries to discover an overlap, considering many use shades of green and plant icons in their brand bibles.Los Angeles cannabis trademark attorney

L.A. marijuana trademark attorney noted the latest in this trend is an established Idaho lumber company suing a Massachusetts cannabis dispensary. The allegation is that the “tree” logo used by the New England dispensary bears striking similarity to that of the lumber company, using the same green or alternative black color and an encircled tree with six branches.

This, plaintiff tree company says, has the potential to cause confusion among its office supply and wood products customers – one of whom is the U.S. government. As a $5 billion federal contractor in business 55 years, it is compelled to provide a drug-free work environment, which includes cannabis, and conducts random drug-testing of employees. Defendant dispensary, meanwhile, opened just a few months ago. It also uses a green-tree-in-a-circle logo, though their tree has four branches.

The firm is seeking monetary damages and an order that the new company halt use of the trademark.

L.A. Marijuana Attorneys Can Assist With California Cannabis Branding Strategy

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The State of Nevada is facing a series of cannabis lawsuits alleging the process for awarding pot licenses is shrouded in secrecy. The litigation doesn’t allege that public officials are getting any sort of kickbacks from the firms awarded licenses, but say the state should nonetheless be more transparent about its processes. Los Angeles marijuana business lawyer

Since recreational cannabis became legal in Nevada two years ago, our Los Angeles marijuana attorneys understand the state has released only trickles of information about the state criteria for the new market. TIME Magazine in a recent report flat-out stated, “No one knows for sure” how state officials are awarding new licenses, only that they are being awarded because dispensaries are opening without complaint from the state.

Several plaintiffs are seeking to learn more about how the state chose the companies it did in awarding 61 licenses out of 462 vendors to sell recreational marijuana to adults. Continue reading

In a first-of-its-kind cannabis lawsuit, the City of Los Angeles is suing an unlicensed marijuana dispensary for selling products to the public that contained dangerous pesticides. The city attorney warned the civil litigation against the South Los Angeles owner would not be the last, as his office joins the fight to crackdown on booming black market bud.unlicensed dispensary defense

Legitimate cannabis companies say they’re being crippled, some already driven out, by the presence of unlicensed operations. Los Angeles marijuana business lawyers know these firms have an unfair market advantage over those abiding the law because they are burdened by the intense regulatory oversight developed by the California Cannabis Control Bureau.

It’s a process that involves rigorous (and expensive) pesticide testing. Cannabis dispensaries not weighed down by these requirements – among others – effectively carving out an unfair financial advantage over licensed dispensaries. Customers may opt to purchase the drug legally, especially for concentrates and edibles, which are bound by stringent labeling and packaging requirements. On the other hand, they can get it for a whole lot cheaper from an unlicensed dealer.

L.A. Warns: Patronize Illegal Pot Shops at Your Own Risk

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Stores throughout Southern California, in Los Angeles, Riverside, Orange County and beyond, are ramping up advertising to promote sales of CBD oil, but questions of legality persist: Who can sell it and how and whether it can be sold at all. CBD oil Riverside attorney

People across the country mistakenly presumed that the 2018 Farm Bill effectively opened the doors to all CBD sales. In fact, that is not the case, and small businesses are learning this the hard way when their shops are raided and product confiscated. Some are even facing criminal charges.

Hemp-derived CBD is now legal under federal law, but not for all purposes. Further, state law has yet to catch up, and police/prosecutors have yet to neatly map their approach with yet another federal-state legal conflict on marijuana law.

As CBD popularity has booming, businesses will want to check in with an attorney experienced in marijuana and CBD law in California to ensure they aren’t properly producing, selling or advertising CBD in a way that could jeopardize their livelihood and even their freedom. Continue reading

Los Angeles marijuana business lawyers know that cannabis companies are feeling the burn of the black market. Fresh off paying their taxes (in cash) and still weighted by cumbersome California cannabis regulations that tiptoe around the federal law from which they have loose protections, many companies are fed up with the fact that doing it all the right way has them taking a black seat to illicit street sales.Los Angeles marijuana business lawyer

Ever since Prop. 64 legalized marijuana, the drug has been readily available in many communities throughout the state – just not always on the up-and-up. Because illicit marijuana sales bypass the regulatory framework set forth by the Bureau of Cannabis Control (which includes seed-to-sale tracking, laboratory testing for pesticides and potency and stringent rules on regulation), they have carved themselves an unfair market advantage.

Our Los Angeles marijuana business lawyers work with these firms to help ensure they are abiding regulatory compliance and also to fight back against the unlawful sales that threaten their livelihood. We also help cannabis entrepreneurs trying to do it the right way, despite numerous setbacks due to bureaucracy, do all they can to claw their way into the market. We also help those facing federal and state marijuana criminal charges, regulating that a big part of the problem is the lack of uniformity not just throughout the country from state-to-state but within California from community to community. Continue reading

Although California allows marijuana to be sold, possessed and consumed by adults over age 21, our Los Angeles marijuana DUI arrest lawyers urge caution behind the wheel. Los Angeles marijuana DUI lawyer

A new study conducted by the Insurance Institute for Highway Safety conducted a recent study of some 2,000 drivers in Washington state, California’s northern neighbor which also allows recreational marijuana use, and discovered approximately 14 percent of those with children in their vehicle tested positive for THC, which of course is the component of cannabis that gets users high. NBC News reported was far higher than the number who tested positive for alcohol, which was a about 0.2 percent of those with children in their vehicles.

It’s worth noting, of course, that alcohol and marijuana have two very different effects on the body, which means these figures are somewhat alarmist in nature. If it were possible to test the number of drivers who had consumed alcohol at some point in the last several days or weeks, no doubt the actual number of those would be much higher, and we’d have more of an apples-to-apples comparison. Continue reading

The California cannabis industry isn’t immune to cutthroat capitalism. Virtually every industry that has taken off at meteoric speed has its tales of business partner betrayals. Usually one partner somehow casts the other aside and goes on to make an obscene amount of riches.cannabis business law firm

In the budding cannabis industry, such stories are beginning to crop up, with matters more complicated thanks to the patchwork of of state and local laws that continue to skirt around the fact the drug is still illegal federally. This underscores the need for everyone entering a Los Angeles marijuana business partnerships to discuss business plans, structure, employee contracts, taxes and more with a dedicated California marijuana business lawyer.

One case out of Maryland reported by The Baltimore Sun illustrates the point. After medical marijuana was legalized by state voters in 2014, a physician eager to launch a cannabis company flew to a business conference in Colorado, where he met another doctor and entrepreneur from Minnesota who shared the same goals for opportunity in his home state. The Minnesota doctor founded one of just two companies approved to produce and sell medical marijuana there in 2005. Two months later, the Maryland doctor founded his own company, making the Minnesota doctor’s firm a majority partner. The company won preapproval to cultivate and process the drug in Maryland – and later the Minnesota doctor’s firm forced the founder of the Maryland company out. Continue reading

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