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Video 1 KTLA Channel 5 News Story June 18, 2010: Lake Forest Medical Marijuana Dispensary Appealing Injunction Order Video 2 KTTV Channel 11 News Story June 4, 2010: Los Angeles Medical Marijuana Dispensary Challenges LA's Ordinance Video 3 Cannabis Law Group's Attorney Damian Nassiri Sues the City of Los Angeles To Block It's Ban on Medical Marijuana as Featured on PBS's So Cal Insider - Part 1

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The legalized marijuana market in California is booming with a rising number of investors (hoping for returns the next big thing), horticulturalists carving out regional and brand niches and more recreational pot shops and cannabis couriers than ever before. Still, many who have tried to launch a California small marijuana business – either from an exiting platform or from scratch – are finding themselves squeezed out.California marijuana small business lawyer

For the “mom-and-pot spot” owners either just starting out or wondering how their doors will stay open, it can be tempting to try trimming expenses and skimping on legal services. But even if expenses are tight, this isn’t a good idea. Cannabis law in California isn’t like writing up a simple contract or printing off a power of attorney form from a free site. It’s complex. It’s been changing fast. It varies from city-to-city. It’s got this complicated relationship with federal law. It’s really the type of legal insight you can only get from an attorney who not only practices California cannabis law, but has been doing it for decades.

California legal cannabis market isn’t just about capital. It’s about compliance. If you’re busy trying to cut through state bureaucracy or negotiate a commercial leases on your own, you are firstly  Our marijuana lawyers work with you to help you make sure you’re covered from a legal standpoint. We want to be sure your time, monetary investment and dream is protected. Continue reading

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Now that the 2018 Farm Bill is fresh with the president’s signature, hemp and derivatives are legal once again in the U.S. for the first time since WWII. The low-THC element of the cannabis plant (the other being marijuana) is highly versatile for use in products from lotions to clothing, as well as in medical tinctures. Los Angeles hemp product attorneys know there are still a host of regulatory and legal concerns as hemp farmers, product makers and distributors gear to launch or ramp up sales.Los Angeles hemp lawyer

The Hemp Business Journal estimates that among all hemp product categories, the annual five-year growth rate is expected to be somewhere just north of 18 percent, growing from a $390 million market this year to one that surpasses $1.3 billion by 2022.

These legal pitfalls could be especially tricky for the food and beverage industry, which already must adhere to stringent standards and oversight for food production, packaging, labeling, marketing and distribution. In some ways, our Los Angeles hemp product attorneys see this as a plus; those companies are already familiar with how these bureaucratic processes work. On the other hand, the marriage between hemp and food brings with it a whole new layer of regulation. Our cannabis attorneys can help.

Many hemp derivative products are already used by food and beverage industry, and Food Business News magazine reports indicate there will be a surge of investors exploring hemp investment opportunities in that arena specifically. The president of one hemp product company in Colorado said there is wide acceptance of the notion that there is likely to be a sharp uptick in the products that fuse hemp with functional foods and beverages. Some examples include:

  • Ready-to-drink coffee
  • Sports drinks
  • Energy bars
  • Protein shakes
  • Infused tea and water
  • Burgers
  • Mixed/ dried fruit and nut products
  • Frozen desserts

Continue reading

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California marijuana marketing 101: Hire an experienced Los Angeles marijuana business attorney. Yes, you can hire a marketing firm to send out your email blasts or pour some time into cultivating an Instagram following or hire a firm to write some blogs and boost your SEO. However, cannabis shops and distributors shouldn’t drop a dime – or their time – on these things until they have spoken with a California marijuana business lawyer. Yes, you want to be informative, educate, entertain, build brand loyalty and a community of customers – and yes, ultimately move your product. But if you aren’t careful about reading the fine print, you could see your money and resource investment go up in smoke.Los Angeles marijuana marketing attorney

Just like tobacco and alcohol, the cannabis industry has a number of restrictions about how it can be advertised and marketed. Running afoul of this can be expensive, potentially embarrassing and could cost you business. There are state advertising laws that must be considered, with some regulations specific to the cannabis industry. On top of that, you have to consider the platform. Popular social media apps like Instagram and Facebook have specific terms of service use that don’t allow advertising of “criminal activity” – and marijuana is still a Schedule I controlled substance under federal law.

California cannabis shop owners and dispensary operators have been dealing with this sort of thing for some time now, but in Maryland, they’re just starting to face down some of these challenges. The Washington Post recently detailed the struggles of a fledgling marijuana dispensary owner who started with a dream and a little cash and a bit of social media savvy. Marketing on Instagram would be a great way to reach her target audience. She went for it – and it was wildly successful. Customers followed for the latest “Waxy Wednesday” promotion or educational captions on interesting photos, such as the “Featured Flower” she posted regularly. And then – all of it was deleted. Instagram abruptly announced the account violated its complex terms of service. Hundreds of hours of work were lost – and the marijuana business owner suddenly had no way to reach the following she’d worked so hard to build.

Laws on Mass Marijuana Marketing 

Let’s start at the federal level. First, there is the possible risk of prosecution for marijuana advertising under the Controlled Substances Act. 21 U.S.C. section 843(c) bans placement of written advertisements for marijuana and other controlled substances in any newspaper, magazine, handbill or other publication knowing it is done with the purpose of seeking or offering unlawfully to receive, purchase or distribute marijuana. … Soooo… Does that mean you can’t advertise? Not exactly. The measure is seldom-enforced, but it does mean that you’ll need to proceed with appropriate caution.  Continue reading

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California cannabis company compliance attorneys are warning current and potential clients that the newest round of regulations that is going to dramatically impact company coffers, causing laboratory testing fees to skyrocket by as much as 55 percent. This latest roll-out, Phase 3 of state regulations, effective Dec. 31st, is specifically going to impact those who are making concentrates and infused products, as well as those who work in cultivation. cannabis attorney

Among the regulations that will go into effect at that time:

  • All harvested marijuana and cannabis products are mandated to be tested for mold-generated toxins, mycotoxins and heavy metals.
  • Labels of products that claim terpene (a natural, essential oil that enhances the high and contains numerous medicinal properties) will be subject to terpenoid tests.
  • Cannabis products that are inhalable, solid, or semi-solid edibles will need to undergo water activity tests in order to ascertain the amount of water they contain.

These tests, state regulators say, are intended to impose more stringent standards on marijuana products to make them safer for public consumption. Continue reading

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More California marijuana products are passing rigorous safety standards imposed by state law, though Orange County marijuana business attorneys know the the abrupt closure of a state-approved laboratory found to have fallen short in checking for pesticides has some Orange County cannabis companies scrambling to ensure they’re meeting state guidelines.california marijuana lawyer

Earlier this year marked the beginning of broad legalization of marijuana in California, but strict testing of pot products was mandated by state officials beginning July 1. Eight weeks into that testing and one-fifth of all marijuana products were failing those standards. By November, however, California’s Bureau of Cannabis Control reported the testing failure rate fell to roughly 14 percent. That still means approximately 24,000 marijuana items for sale never made it to store shelves.

Among those items reportedly having the highest failure rates were cannabis-infused:

  • Candies
  • Cookies
  • Tinctures (concentrated herbal extracts)

Those items on their own had a fail rate of about 26 percent over the summer, though this was still an improvement. Previously, the fail rate of these processed marijuana products had been about one-third.  Continue reading

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California vineyards seeking to cash in on possible cannibdiol-infused (CBD) wines may benefit from provisions of the much-touted 2018 Farm Bill, which amended the federal Controlled Substances Act to remove restrictions on both hemp and hemp-derived CBD, which is unique from marijuana in its lack of THC, the psychoactive agent in cannabis. However, as experienced Orange County cannabis industry attorneys, we urge wineries to proceed with caution and legal consultation.Orange County hemp lawyer

Although the impact of removing restrictions on hemp and hemp-derived products is likely to be significant, technically federal agricultural subsidies don’t rope in growers of vegetables and fruits – including grapes. Plus, even as the federal ban on marijuana lifted, many states – including California – still have laws on the books making it unlawful to infuse hemp in alcohol or food products. The Farm Bill expressly allows states to govern their own regulation of hemp production, the same as it does with alcohol.

Congress did direct states to both license and track any hemp produced from seed-to-sale, but gives state lawmakers the authority to impose tighter hemp regulations if they so choose. However, state rules can’t be any less strict than federal guidelines and those regulations do need to get the U.S. Secretary of Agriculture’s approval stamp. Continue reading

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To answer a question that still commonly crops up for our Los Angeles marijuana criminal defense attorneys: Yes, you can still get busted for cannabis-related offenses in the state of California.Los Angeles criminal defense marijuana

When California legalized cannabis for recreational purposes with Prop. 64, broadly opening the market for adult consumers earlier this year, it did not legalize all cultivation, production, sale and possession of the drug. Instead, marijuana legalization was inducted into a highly-regulated market. And while criminal arrests for cannabis possession are down, there is still a risk of running afoul of state regulations and criminal codes.

This summer, a crime report issued by the state revealed that while marijuana-related arrests in mid-2018 saw a significant drop this year compared to last (56 percent overall, with felony marijuana arrests down 74 percent), there is still a risk that Californians and visitors could face substantial jail or prison terms, hefty fines and criminal records. Still, the number facing those risks fell by 8,000 from 2016 to 2017.

Los Angeles marijuana criminal defense attorneys as well as those with the Drug Policy Alliance and other supporters who have long-backed marijuana legalization efforts, overall this is good news, as it means less taxpayer-funded law enforcement resources are being dedicated to non-violent drug-related offenses, and the focus now can rightly shift to more serious crimes.  Continue reading

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The gig economy that contracts ride-share drivers is known for being unpredictable, tedious and, as contract workers, exempt from key employment benefits like health insurance, workers’ compensation and retirement savings. Now, with marijuana delivery services in L.A. and throughout California legal, cannabis companies are starting to poach these workers from big-name ride-share companies like Uber, Lyft and DoorDash.Los Angeles marijuana delivery attorney

Los Angeles marijuana delivery attorneys know the pace is likely to pick up now that California’s Bureau of Cannabis Control this month moved to allow the delivery of marijuana products throughout the entire Golden State. This includes allowing delivery drivers access to those areas with local bans on marijuana sales, per NBC San Diego. Although the move is opposed by the California League of Cities as well as numerous law enforcement agencies. Los Angeles marijuana delivery attorneys know means some drivers may get some flack from local police. In fact, as our cannabis criminal defense law firm knows, the state regulator took action to make this right explicit after several law enforcement agencies in non-pot-friendly communities made it known they intended to detain and arrest licensed marijuana delivery drivers who were ferrying marijuana through their cities for commercial purposes. Despite this opposition, the directive from the state control agency will become law next month unless the state’s Office of Administrative Law intervenes. If that occurs, the matter could wind up in court.

State marijuana regulators, given broad control by voters to regulate virtually every aspect of legal cannabis sales, maintain that when California voters passed Proposition 64 legalizing marijuana for recreational production, sales and possession, that included delivery services too. A spokesman for the agency noted that marijuana dispensaries that are regulated have tight security, verify each driver’s identity and legal age and are careful to make sure every employee is properly licensed.  Continue reading

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With Congress having reached an accord on the Agriculture Improvement Act of 2018, which includes a provision to lift the federal ban on cultivation of industrial hemp, the proliferation of hemp farming in California and across the country is expected to grow exponentially. California hemp farming attorneys know that up to this point, the U.S. has been the only industrialized nation wherein industrialized hemp isn’t already an established crop. The provisions of the act amend the Controlled Substances Act of 1970 to indicate industrial hemp plants containing no more than 0.3 percent THC won’t be classified any longer as a schedule I narcotic. The measure gives states, rather than the federal government, authority regulate commercial hemp production and sales. California hemp farmer attorney

It’s a measure that could potentially be a cash cow for California farmers, as well as those across the U.S.

Hemp is defined in California Health and Safety Code Section 11018.5 as the fiber or oilseed crop limited to types of the cannabis plant with no more than three-tenths of THC. It’s production is overseen by the California Industrial Hemp Program, with Division 24 of the California Food and Agricultural Code providing for the cultivation of industrial hemp by registered growers as well as established agricultural research sites. The reason this federal measure is so important is that up until that law goes into effect, hemp is still considered a Schedule I narcotic per the CSA, which California hemp farming attorneys know means unless specifically exempted there, any hemp-related activity is still technically subject to federal prosecution, no matter what the state law says. Continue reading

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Los Angeles marijuana DUI just got a little likelier, given local news reports the Los Angeles District Attorney’s Office has bolstered funding for the prosecution of driving under the influence charges involving cannabis and other drugs. Because determining intoxication via marijuana can be subjective – even for trained police officers – it’s important to contact an experienced Los Angeles marijuana DUI lawyer as soon as possible to ensure your rights are preserved.marijuana dui defense Los Angeles

There is currently no accepted scientific test that “proves” impairment by THC, the blood, urine or breath tests do with alcohol. That’s because alcohol moves through the human body at a much more rapid rate than THC, which means if it is detected in the system in high concentrations, intoxication is almost positive. THC concentration doesn’t tell us the same because the chemical can remain in the body for weeks or even months after consumption, particularly if one is a regular consumer of marijuana.

With the help of a nearly $1 million grant form the California Office of Traffic Safety via the National Highway Traffic Safety Administration (NHTSA), the agency that seeks to curb drunk driving and slash the number of drug- and alcohol-related deaths and injuries across the U.S. This year’s grant is $100,000 more than the last. The funding is allocated for training and in some instances prosecuting cases of drug-impaired driving that results in death. Additionally, the grant will help train police agencies and boost the number of officers in Los Angeles County who are considered certified drug recognition experts (DREs).  Continue reading

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