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More than two dozen cities that restrict legal cannabis sales are suing California over the issue of legal pot delivery. Los Angeles marijuana delivery business attorneys are paying close attention to this litigation, wherein plaintiff cities argue that by allowing home deliveries in cities where it is restricted, the state is breaking key provisions of Prop. 64, the legislation that opened the door to legalized recreational marijuana in California.Los Angeles marijuana delivery attorney blog

The California Bureau of Cannabis Control and its chief are named defendants in the case, which was filed in the Fresno County Superior Court. The dispute over marijuana deliveries comes shortly after the regulation adopted by state bureau earlier this year, holding that businesses licensed by the state have permission to deliver marijuana – even in municipalities that have expressly banned the operation of marijuana retail locations.

Cities Make the Case for Local Authority to Restrict Cannabis Deliveries

Among the most significant concerns cited about a free-for-all on cannabis home delivery:

  • Public safety risks, particularly robbery, given the cash-only model of legal marijuana sales;
  • An influx of illicit marijuana delivery/sales that may be difficult for law enforcement to identify/shut down.

City officials point to the specific provision of Prop. 64 that was woven into the statute with the purpose of appeasing police chiefs and city leaders: That which offers significant local control of California marijuana sales. Plaintiff asserts local control was baked into the ballot proposition with the express intent of allowing local governments to regulate activities related to marijuana sales, and that the state lacks authority to insist on allowing cannabis deliveries against local ordinances because state law guarantees local veto power within those respective jurisdictions. Continue reading

California officials have announced they are bringing in the National Guard to “wage war” on individuals and businesses that are illegally farming, manufacturing and selling marijuana in the state. Citing research that shows the black market’s detrimental effects to the environment, public safety and lawful sales, Gov. Gavin Newsome said a crackdown is imminent.Los Angeles marijuana business lawyer

Los Angeles marijuana business lawyers have been warning of numerous raids and local law enforcement efforts to eradicate unlicensed pot shops and unauthorized farms right here in this city.

By some estimates, California is the origin of some 60 percent of the nation’s illicit marijuana supply.

The inventor of Jelly Belly jellybeans, through his new brand Spectrum Confections, now offers a line of the confection that comes infused with cannabidiol, or CBD. But whether these beans prove “magic” for the company’s sales, they definitely won’t get you as high as giant beanstalk. Los Angeles CBD business lawyers know the real question is whether the company will be able to legally sell them, even in states like California where marijuana is legal for recreational users. Los Angeles CBD lawyer

The Skinny on CBD Food and Drinks in California

Although California regulators have deferred to the U.S. Food & Drug Administration’s hard-line stance on CBD as a food or supplement additive (underscoring the prohibition on CBD-laced foods even after the passage of the 2018 Farm Bill, which legalized industrial hemp), there are indications we could soon see a shifting tide. In February, the FDA commissioner told Congressional leaders the agency may consider eventually allowing food infusions of diluted CBD with low-THC (tetrahydrocannabidinol – the cannabis compound with psychoactive effects). There is no guarantee on when that might be, though. Continue reading

U.S. lawmakers in a House committee approved a bill that would grant federal protection for banking and financial institutions serving marijuana dispensaries and ancillary businesses. Los Angeles cannabis business lawyers recognize this paves the way for wider discussion in Congress. For California marijuana businesses, this could be a major step toward physical and financial security. Los Angeles cannabis banking lawyer

Why Cash Sales Are Problematic for California Cannabis Companies

Conducting all-cash transactions poses potential risks by making companies a target of robberies, forcing investment in extensive security for on-site sales and delivery personnel. There is also greater risk of accounting errors and audits – a very uncomfortable place for any cannabis owner considering the IRS is a federal agency and, despite California’s approval of the operations, the drug remains illegal under federal law.

The U.S. House Financial Services Committee approved the measure 45-15, just after amending it slightly to extend further protection to insurance companies and also to allow easier access for women and minorities seeking to stake a claim in the industry. Continue reading

Native American tribes allege California’s cannabis market since Proposition 64 effectively excluded them by making no provision to allow sales of the plant grown on reservations. California cannabis attorney

Reservations are considered legally-protected sovereign nations with little if any oversight by state or federal authorities, and thus marijuana cultivation and sales has never been regulated by outside entities. That has not changed. However, as a California Bureau of Cannabis Control spokesman explained, while tribes are free to do as they wish with cannabis while on the reservation itself, they cannot enter the legal cannabis market without proper state permitting and licensing.

As Los Angeles marijuana lawyers can explain, that would mean reservation-based cannabis farmers wanting to secure a place in the legal market would, like all others, be held to state and local regulations. Tribes vying for an in to the lucrative California cannabis market because they can’t sell their product beyond tribal land unless it’s to other tribes.

Current Cannabis Operations on Tribal Land in California

Continue reading

In the two years since California legalized recreational marijuana, a half-a-dozen government corruption prosecutions alleging California cannabis-related official bribery, fraud and other crimes have been reported. The causal dynamics are in dispute. Those who were always opposed to legalization are saying, “I told you so,” while proponents of the legal market blame the clash between state-and-federal law, the patchwork of city laws and a glut of cannabis crop fueling the black-market because the legal market is too difficult to gain entry.Los Angeles cannabis lawyer

Los Angeles cannabis defense attorneys recognize the difficult state in which many marijuana businesses find themselves. Many are bogged down by too much supply and onerous product testing requirements, leaving them either forced to take a financial loss or turn to the black market. Some try getting their foot in the door to legal sales, but do it trying to buy silence or support from those with power and influence.

In one instance detailed by The Los Angeles Times on the issue, federal investigators launched an investigation after a sheriff from Siskiyou County reported receiving an offer of $1 million from a man allegedly operating several illegal marijuana farms. The man suggested it could go to a foundation the sheriff spear-headed. When the man tried to make his down payment with tens of thousands of dollars stuffed into envelopes, federal authorities swooped in. The man was later indicted on federal bribery charges.

Laws on the CBD food craze are all over the map, and misinformation is rampant. CBD, known formally as cannabidiol, is used in everything from blended drinks to savory sauces, and unlike its cousin THC, it doesn’t make consumers high. Some have referred to it as a natural form of Xanax and Tylenol – without the adverse health impact. No substantial research exists with regard to the health benefits of the compound, yet we do know it’s part of a significant health food craze. Even Martha Stewart has taken on a role advising a marijuana company on CBD food products for both people and their pets.Los Angeles CBD lawyer

Los Angeles CBD lawyers can explain that overlapping federal and state laws have created substantial confusion among restauranteers about what’s legal and what’s not. Consulting with an attorney before launching your latest line of CBD products is advisable.

California and Federal Laws on CBD in Food and Drink Products Continue reading

Our Los Angeles cannabis business lawyers have been on the forefront of the legal marijuana movement from the start. This began with helping medical marijuana patients, doctors, collectives, cooperatives, cultivators, landlords and employees navigate the confusing patchwork of laws that one might reasonably expect from being the very first state to venture into this legal territory while the drug remained against federal law. marijuana attorney

One might have thought the process would become simpler in the two decades since California led the charge on legalization of medical marijuana (in 33 states now), particularly now that 10 allow it for recreational use. But for as long as pot remains prohibited under the U.S. Controlled Substances Act, ensuring compliance while still making a profit continues to be something of a puzzle.

Now, with recreational legalization on the table, many of the old rules are out (collectives at this point are now illegal) and a maze of new laws and regulations are in – with widespread variation from county-to-county, city-to-city. Because the reality is unless and until federal law aligns with state laws, the rights of California cannabis entrepreneurs, investors, patients and innovators will be at-risk. Continue reading

The growing number of athletes who are also budding cannabis fans are legion. Yet at least at the federal level, the drug continues to retain its Schedule I label, putting it in the same category with drugs like LSD and methamphetamine. As of this writing, 33 states allow marijuana use for medicinal purposes. California is one of 10 allowing it for recreational use.athlete cannabis lawyer Los Angeles

Los Angeles athlete marijuana lawyers are aware now of a growing number of companies promoting cannabis as a means for recovery after a significant athletic feat. Whether it’s running a marathon or testing one’s endurance in a yoga session, cannabis has potential power to help the body heal from the strain such exertion can cause. A few sporting goods and activewear companies are teaming up with cannabis innovators to promote the use of cannabis in recovery.

In one case, as Los Angeles Magazine reports, one pop-up pot provider in Culver City incorporates the use of medicinal-grade marijuana with other rest and recovery techniques like yoga, hot stone massages and meditation. The anti-inflammatory effects of cannabis and CBD oil are touted as a means of easing pain and helping athletes get the rest they need to make a full recovery. Continue reading

We reported recently in our Los Angeles Cannabis Attorney Blog that a report from marijuana analytics team Vessel Logistics, showing that even if California cannabis farmers were to slash their production of the plant by 50 percent, we would still end up with a significant surplus of marijuana. This could have significant implications, potentially spurring cannabis companies at every leg of the supply chain to fold. cannabis farmer attorney

Pot Shops Bogged Down by Regulation, Cheap Black Market Competitors

Part of how we got into this mess was California’s historical reliance on black-market sales, including those out-of-state. Federal law prohibits transport of marijuana across state lines, considering it a serious felony drug trafficking offense. Prior to legalization (even after by companies that hadn’t yet obtained a permanent permit) businesses reportedly offloaded excess marijuana product (including that which failed to meet the strict lab testing guidelines issued/overseen by the California Bureau of Cannabis Control) to those willing to pay a little less for it on the black market. A lot of that product then went east, to states where the drug wasn’t easily found or where the only market for it is illicit. Continue reading

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