Cannabis Law Group's Medical Marijuana Legal Blog

October 28, 2018

California Cannabis Delivery Business Attorneys Note Services in Cops’ Crosshairs

California cannabis delivery business attorneys encourage employers, employees and independent contractors of such services consult with a dedicated law firm to avoid criminal sanction. Yes, recreational marijuana is legal, but cultivation, sales and distribution are heavily regulated. Because the drug remains unlawful at the federal level, there is no guarantee of protection once you’re on state and local government’s bad side California marijuana delivery businesses in California and associates are increasingly finding themselves targets of regulatory crackdowns. San Diego in particular has been aggressive in its approach to unlicensed cannabis couriers, particularly those lacking approval from both local and state oversight authorities. California marijuana delivery service lawyer

Recently, city police arrested a 28-year-old cannabis delivery company employer and his employee on illegal drug charges after investigators allegedly discovered 50 pounds of high-concentration edibles and buds, plus $3,500 in cash. Business logs and other records were also seized as evidence in the criminal case. Police cited and released the employee while booking the owner (also charged with child endangerment for the fact two young children lived in the home out of which the allegedly illicit marijuana delivery firm operated).

Although marijuana grown, processed, dispensed or possessed for personal recreational use by adults isn’t unlawful in California as of the beginning of this year, companies involved still must be licensed. Cannabis delivery business attorneys in Los Angeles and throughout Southern California can advise entrepreneurs of the extensive rules and ordinances you can’t overlook if you’re hoping to launch a cannabis delivery service. Marijuana delivery services run out of personal vehicles, garages, single-family homes and apartment complexes are almost certainly not in compliance. Much of it depends on the exact location and mode of operation. Continue reading

October 26, 2018

Los Angeles Marijuana Lawyers: Shops are Legal, But Business Complicated

By Cannabis Law Group

The Los Angeles marijuana lawyers at The Cannabis Law Firm have seen the cannabis community in this city and county through the legal travails of the last 20 years – from outright criminalization to quasi-legalization for medicinal use (amid constant fear of government raids) to now recreational legalization recognized by state law. Federal legalization of some form likely isn’t far off. But while Los Angeles is considered the largest and perhaps most important marijuana market in the world (several million consumers, tens of thousands of workers and billions of dollars annually generated just within these borders), navigating its regulatory guidelines is no easy feat. Los Angeles marijuana lawyers

Having an experienced Los Angeles marijuana attorney who understands not just the new law and local regulations but the complexity of this city’s history with the drug is imperative if you want to establish a successful business.

Technically, there are 169 licensed marijuana shops in the city of L.A. In reality, the L.A. City Controller estimates there are probably closer to 1,700 in operation. These operations may fly under the radar, but they’re taking a big risk. If there is one thing we’ve learned in our years of practicing California marijuana law, it’s that nothing is certain. However, your best hope is a cannabis law firm dedicated to helping you navigate the road map to success.

Los Angeles Marijuana Lawyers and the Regulatory Business Maze Continue reading

October 25, 2018

California Marijuana Lawyers Watch Local Elections for New Regulations

By Cannabis Law Group

The statewide legalization of marijuana for adult recreational use as of January 1st thanks to Prop. 64 wasn’t the end of California’s cannabis conversation. Far from it. Long-time California marijuana lawyers, businesses and policymakers are paying close attention to this November election, particularly in several local conservative strongholds set to decide whether to commercial cannabis should be given the green light to set up shop in their communities. Because while the Control, regulate and Tax Adult Use of Marijuana Act of 2016 gave the statewide blessing, it didn’t automatically open the floodgates. Local counties, cities and towns were given the option whether to allow the cannabis industry to operate inside their own borders. Los Angeles marijuana business lawyer

Many leaders saw the passage of Prop. 64 as a major hurdle clearance to legitimizing a promising, lucrative market. While most have let go of the long-debunked reefer madness hysteria of the past, the stigma still remains for some. As marijuana lawyers, we can’t wholly discount all of their concerns, though most have been met with reasonable regulatory response (though some argue certain restrictions go too far). One of the biggest compromises was to allow local control. California marijuana business lawyers and economic experts mostly concur that communities outright refusing cannabis industry access are likely to be at an economic disadvantage, though the extent isn’t yet clear.

Some examples of the dozens of cities set to weigh the future of local cannabis commerce via ballot measures Nov. 6 are rural areas like El Dorado County east of Sacramento and Hemet, a town in the Inland Empire less than an hour south of Riverside. Most areas where the issue is up for vote are expected to pass it by a wide margin, according to The Mercury News in San Jose, but in the more right-leaning regions, predictions are a toss-up. Continue reading

October 22, 2018

California Marijuana Business Lawyers See Cultivation Take Root on Central Coast

By Cannabis Law Group

Situated right between the two biggest cannabis consumer hubs of Los Angeles and San Francisco, the Central Coast of California is poised to become potentially one of the core producers of the plant statewide (or nationally, though interstate sales are barred). This fertile region has long been ripe with vineyards, renowned for producing some of the country’s best wine. Orange County marijuana business lawyers understand that as cannabis cultivators have been cropping up in the spaces between, many farmers are beginning to see it not so much as competition but as a chance to reinvigorate the agricultural traditions that have lagged in recent decades. From Santa Barbara County to Monterey, more marijuana farmers have been licensed in the last year than anywhere else in the nation. Still, this promise is tempered by concerns that explosive unchecked growth could lead to serious problems. California marijuana business attorney

To be sure, the Emerald Triangle region of Northern California (comprised of Trinity, Mendocino and Humboldt Counties) grows the most marijuana by volume, hence the nod to greenery in its new moniker. However, if the pace of cannabis farming keeps up at the current clip, the Central Coast could soon surpass the northern neighbor region. And the region has a unique advantage over the Emerald Coast: No deep roots in the gray or black market.

Our Orange County marijuana business lawyers have been at the forefront of this industry, which has ballooned to an estimated $4 billion-a-year, and climbing. It’s been beneficial to the local tax base and also presents a new wave of opportunity for agricultural entrepreneurs seeking a legally sound yet lucrative opportunity. While the new law hasn’t entirely erased the stigma surrounding marijuana, the Central Coast lacks the cumbersome challenge of working to bring into compliance well-established underground growers transitioning into above-board – but heavily-regulated -operations. The risk of government raids is much lower (though not erased completely), but so are the profits, whittled by expensive new mandates and taxes. Operational, financial and legal concerns also persist as long as the drug remains illegal in the eyes of the federal government. Continue reading

October 21, 2018

L.A. Marijuana Attorneys: AB 1793 Allows Cannabis Conviction Expunging

By Cannabis Law Group

When California voters approved legalized marijuana for recreational purposes, one of the most important impacts of that was the fact that criminal prosecutions for many cannabis crimes would no longer be an issue. But that didn’t necessarily help the hundreds of thousands with the stain of a criminal offense on their record. Orange County marijuana lawyers understand Assembly Bill 1793 should help address this. However, the impact won’t necessarily be immediate, and those with criminal records due to marijuana may still want to seek the advice of attorney for purposes of expediency and fairness.

Approved by the majority in the California legislature and the governor on Sept. 30, the law (which creates creates Section 11361.9 to the California Health and Safety Code) is in direct response to the Control, Regulate and Tax Adult Use of Marijuana Act, and requires the Department of Justice by July 2019 to review state records and identify those prior convictions that may possibly be eligible for recall, dismissal of sentence, dismissal, sealing or redesignation under the new law. The state Justice Department will then be required to notify prosecutors of all cases in their jurisdiction that meet this requirement. Then prosecutors must, by July 2020, review all those cases to ascertain whether they wish to challenge the DOJ’s recommendation. If there is no challenge, the bill requires the department to modify the criminal history information in its database in accordance with the bill within 30 days (by July 31, 2020), and to update the post on its website. The state will be required to reimburse local agencies and school districts for whatever costs are incurred by the state as a result of putting this law into effect.

The state will prioritize cases of those individuals currently serving a sentence or who proactively petition for recall or dismissal of sentence, dismissal and sealing or redesignation (emphasis added). That means that if you take matters into your own hands to ask the state to make your case a priority – and complete the process sooner – you may well have your record cleared before the July 2020 deadline. That could be major for many people with existing criminal records, who may be prevented from important educational, career and housing opportunities, as well as those who may be in the midst of a child custody dispute during which a drug conviction could adversely impact the outcome. Continue reading

October 19, 2018

Report: Federal Marijuana Arrest Data Overstates Problem by 70 Percent

By Cannabis Law Group

Since marijuana became lawful in California for medicinal purposes, small-scale possession has been largely decriminalized in most local communities. This is especially true now that marijuana has legalized recreational use of the drug as of this year with Prop. 64. However, cannabis possession remains unlawful as far as federal law is concerned and California’s new law doesn’t legalize every cannabis crime. As Orange County marijuana criminal defense attorneys know, reported arrests are still falling fast. The Orange County Register indicated that from 2016 to 2017, those in California facing jail or prison, serious fines and permanent criminal records dropped by nearly 8,000, according to information from the California Attorney General’s Office. However, a recent report printed by the Philadelphia Inquirer (republished by PoliceOne.com), marijuana arrests may be inflated in Federal Bureau of Investigation statistics. Orange County marijuana criminal defense attorneys

Let’s note firstly that Pennsylvania legalized medicinal marijuana in April 2016, and the drug is only available for those suffering from certain medical conditions. Unlike California, and numerous other states, it is not available for recreational sale, possession or use. Even with medicinal use being legal, the Philadelphia area has reported that marijuana arrests in the area have markedly increased in recent years. And yet, the spike being reported by the FBI’s Uniform Crime Reporting (UCR) program. The analysis reveals marijuana arrests as reflected in federal data may be inflated by as much as 70 percent.

Why the disparity? As our Orange County marijuana criminal defense attorneys understand it, it’s a result of local police agencies reporting every single situation in which people are caught with pot in – even if they aren’t ultimately arrested for that offense. Continue reading

October 17, 2018

L.A. Marijuana Lawyer Discusses Implications of Canadian Legalization

By Cannabis Law Group

Our neighbors to the north formally legalized marijuana for recreational use as of today, Oct. 17, 2018. Canada, seemingly more well-known for its syrup, cold winters and mounties, is now likely to become even better known for its easy access to marijuana. Our L.A. marijuana lawyers understand there may still be numerous questions pertaining to how international relations will work – everything from individuals traveling with the drug to how businesses interact in the course of international commerce.

The impact of the heralded Cannabis Act creates uncertainty on both sides of the border. Americans want to know how the law might affect them when crossing into Canada and reentering. Canadian business people (particularly those in the cannabis industry) and tourists may have concerns for who they will be treated at the U.S. border.

Our L.A. marijuana lawyers would encourage anyone with specific questions – particularly as it relates to a cannabis business – to discuss these with an attorney before taking any action. Similarly, someone facing any type of criminal charges or other legal action should consult with a lawyer first. That said, here are a few general answers that may help clear the air. Continue reading

October 15, 2018

California Marijuana Banking Attorneys: Navigating the Risks

By Cannabis Law Group

California marijuana lawyers have long known that one of the greatest risks when it comes to managing marijuana money is the potential to be accused of laundering it, given that it’s still illegal under federal law. Even as an increasing number of states have made the drug lawful to varying degrees, many financial institutions remain frigid about such partnerships. Los Angeles marijuana banking lawyer

There are ways to smartly navigate your finances, and the experienced legal team at the Cannabis Law Group in Los Angeles can help you establish the right plan.

Recently in Oklahoma, a top banking regulator informed lawmakers there that banking with marijuana now is more riskier than it’s ever been, despite the fact that marijuana is now legal to some degree in 30 states and available for recreational use in nine of them. The problem remains the federal government’s classification of marijuana as a Schedule I controlled substance – placing it in a category that stipulates extreme danger of addiction and no medicinal purpose.

Oklahoma media reported the banker told state lawmakers establishing marijuana policy that until Congress acts to initiate clear laws that either outright legalize it or empower the states to take on regulation themselves, financial institutions are going to be extremely wary of extending partnerships to those within the new medical marijuana industry there. Continue reading

October 13, 2018

AP: California Cannabis Safety Testing Rate Poor

By Cannabis Law Group

Almost 1 in 5 California marijuana products have failed tests for purity and potency by the state’s Bureau of Cannabis Control since the agency began mandating checks at the beginning of July. The Associated Press reported that some cannabis farmers and distributors are blaming the failure rate not on product quality but rather on standards that are unrealistic and aren’t aimed to protect the public. Technical glitches haven’t helped. marijuana lawyer

Cannabis-infused cookies, tinctures and candies have been especially hit hard, with approximately one-third of its product removed from store shelves.

Other problems revealed (albeit on a smaller scale) by state-licensed testing firms are finding too-high levels of solvents, pesticides and bacteria, including salmonella and E. coli.

Within just eight weeks of testing, some 2,000 samples failed out of more than 11,000 Our L.A. marijuana product attorneys understand that in some of those instances, the product had to be destroyed, but a lot of the problems arose from issues with labeling, which are able to be fixed. Just for example, if a label on a container indicates a product has a potency level different than what’s on the label, the product can simply be relabeled and then move to market. Continue reading

October 11, 2018

Facebook Lifts Marijuana Business Pages Ban

By Cannabis Law Group

Facebook is ending its block on searches for marijuana and related products, according to MarketWatch. The change comes just ahead of Canada’s legalization of the drug. Searches related to the drug had been disallowed by the company for many months, according to the social media platform, because people had been using it to sell marijuana illegally online, which was a violation of its policies. cannabis attorney L.A.

This could be an important change as promotion of marijuana on social media platforms like Facebook, Twitter, Instagram and Pinterest can be a main means by which to reach key demographics.

One of the main focuses of our L.A. marijuana business lawyers is ensuring our clients are abiding state regulation on marijuana advertising. Running afoul of state marijuana ad rules can result in huge fines. These rules are spelled out in Business and Professions Code (BPC), Division 10, Chapter 15 (26150-26156), which are fairly stringent. Continue reading