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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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Inmates in prison are not allowed to possess recreational marijuana while incarcerated, according to a new ruling by the California Supreme Court. The court overturned a lower court’s decision that held prisoners were allowed to have the drug, so long as they didn’t use it. Los Angeles marijuana lawyer

The case, California v. Raybon, involves five inmates in a California state prison who were convicted on felony charges after being found with marijuana in their cells. The men appealed to the 3rd District Court of Appeal in Sacramento, which overturned their convictions after determining that while they could not legally eat or smoke pot in prison, possession of marijuana is no longer a criminal offense. As our Los Angeles marijuana defense lawyers can explain, this ruling conflicted with those of other appellate courts.

The state supreme court weighed in after a challenge from the state attorney general. In a split 5-2 ruling, the high court held that Prop 64, which legalized recreational marijuana in California, was not applicable to prison inmates. The majority opinion held that there as nothing in the ballot materials for the law that indicated voters had considered or were even aware of how this might impact possession of the drug in prison. The court stated, “it seems implausible that the voters intended to essentially decriminalize marijuana in prison.”

Had the public intended to alter the laws and policies regarding possession of cannabis in prison settings, they would have stated so explicitly, the court ruled. Further, it would make no sense that voters would wish to continue to criminalize the consumption of cannabis in prison, yet allow inmates to legally posses it. Continue reading

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Measuring one’s degree of marijuana impairment has long been an interest of not only scientists, but law enforcement prosecutors and some employers. Many thought there could be a parallel to alcohol testing; but instead of measuring one’s blood-alcohol concentration they could measure the amount of THC (the primary psychoactive component of cannabis) in one’s blood. The big problem with this, of course, is that THC doesn’t behave in the body the same way alcohol does. It isn’t processed as quickly. Thus, it’s not an accurate measure of one’s degree of impairment. Los Angeles marijuana dui lawyer

This is something our Los Angeles marijuana DUI attorneys have argued for years. Now, this same conclusion was backed by a federally-funded study. Backed by a grant from the National Institute of Justice, researchers tested the THC levels of 20 individuals who either vaporized or ate varying levels of THC. They were then subjected to numerous cognitive and field sobriety tests, similar to what are used by law enforcement.

The groups that received higher doses of THC (above 5 mg) were adversely impacted in terms of their sobriety – their psychomotor skills were visibly impaired – the level of THC in their blood and other biofluids didn’t reliably reflect that. Thus, the amount of THC in one’s blood was not a good indicator of marijuana intoxication. Continue reading

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Cannabis may be legal for recreation and medicinal use in California, but that won’t help those on military bases or being treated at a Department of Veteran Affairs facility. Now, the Senate Appropriations Committee has approved an amendment that is intended to increase access to medical marijuana by military veterans. The bill would allow doctors working for the VA to issues recommendations for cannabis as medicine in states where it’s legal. The measure would also bar the federal agency from interfering with or denying services to those military veterans who participate in state-legal cannabis programs.medical marijuana lawyer

The bill’s sponsor noted that despite cannabis being legal as medicine in 37 states, veterans don’t have access to it, even though it’s been shown there may be benefits for treating a variety of issues, including post-traumatic stress disorder. Veterans, the bill’s sponsor said, should be able to talk to their doctors about the potential benefits.

How Cannabis Prohibition Harms Veterans

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Our Southern California cannabis lawyers have been carefully eyeing the legal developments happening at the federal level, with Senate Majority Leader Charles Schumer of New York recently releasing draft legislation that would legalize marijuana in the U.S. Los Angeles marijuana lawyer

It’s called the Cannabis Administration and Opportunity Act. It’s similar to a bill passed by the House in December. The House’s approval of such a measure isn’t surprising, given its political makeup. The Senate, however, is much more conservative and a different story. How good of a chance does a measure like this actually have of becoming reality?

A poll conducted last year by the Pew Research Center reveals 6 in 10 Americans favor legalizing pot for both medicinal and recreational use. However, the majority party in the Senate has a lot on its plate, with presidential priorities being immigration, policing and infrastructure. Cannabis isn’t on that list, but that doesn’t necessarily mean it won’t have forward momentum. Continue reading

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In a precedential decision, the California State Personnel Board ruled that simply testing positive for prior marijuana use isn’t enough to accurately reflect whether a worker was impaired at work and thus grounds for discipline. The impact of this new civil service rule is that the use of urine tests for cannabis will be significantly limited in state worker discipline cases. marijuana attorney Los Angeles

There are a few positions, such as policing, to which the rule does not apply. Some state employees are expressly barred from using drugs at all. But otherwise, given that cannabis is legal in California, it appears the state will largely be treating it like alcohol where workers are concerned.

The personnel board, which oversees the civil service rules applicable to state employees, pointed out that urine tests are only going to reveal whether a person has used marijuana in the past. It’s no indicator of whether the person is intoxicated on-the-job, which for most employees would be the only situation in which marijuana use would matter. Continue reading

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Outdoor advertising of cannabis products on more than 4,000 miles of California highways (any that cross the state border) was banned earlier this year following a district court ruling. In that matter, the court sided with a resident of San Luis Obispo County who alleged the state’s cannabis regulation bureau’s read of Proposition 64 would unduly expose his teens to marijuana ads. But what does that mean for marijuana marketers? Los Angeles cannabis advertising lawyer

As our Los Angeles cannabis business attorneys can explain, cannabis advertising is not something companies should engage in until they’ve consulted with an attorney and are certain their approach is within the boundaries of the law. Having an attorney on retainer assures you can run decisions like this by someone who will be on hand to give you solid advice for whatever issues arise.

The good news is that despite blanket bans on marijuana advertising, many cannabis companies are still finding creative ways to get their brand some traction. For example, some businesses have orchestrated workarounds with state Sponsor a Highway programs. That gets them brand visibility while also complying with the law. Continue reading

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Last month, supporters of marijuana legalization got a welcome surprise when conservative Supreme Court Justice Clarence Thomas questioned the constitutionality of federal prohibitions on marijuana. That line of questioning didn’t alter federal law, but it does seem to inch us closer to a reality where cannabis could be legalized, regulated and accepted the same way alcohol has. Hope has been especially high since the election of President Joe Biden. Still, the actual odds aren’t at all clear-cut. Los Angeles marijuana business lawyer

As of the beginning of this month, recreational marijuana was legal in 18 states, while medical marijuana was legal in 36. Since March of this year, five more states have enacted or introduced legislation that would legalize production, sales and use of the plant. Further, more than 9 in 10 Americans queried by the Pew Research Center believe cannabis should be legal at least for medicinal use.

Despite all this, though, marijuana continues to be classified as a Schedule I narcotic under federal law. As our Los Angeles marijuana business lawyers can explain, that’s the same category used for drugs like heroin – highly addictive and with no medicinal purpose. Obviously, the label isn’t congruent with the reality, and there is a clear disconnect between federal and state laws that has proven a fine line for cannabis companies to walk. Continue reading

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A bill that would allow veterinarians to recommend cannabis products for pet is being considered by California lawmakers. Assembly Bill 384 is a follow-up to a law passed three years ago allowing veterinarians to discuss marijuana with pet owners without facing penalties. Numerous product, such as CBD-infused treats, capsules and oils, are now available for pet owner purchase. Vets can legally talk about them, but they can’t recommend them. canine cannabis

The bill reportedly has unanimous, bipartisan support in the Assembly Business and Professions Committee, and is supported not only by organizations like NORML but also the California Veterinary Medical Association.

As our Los Angeles cannabis business attorneys understand that animal owners are essentially being left in the dark about how much or what type of cannabis they should be giving their animals for various ailments. Veterinarians cannot discuss the possible impact of a certain product on a specific animal or offer a suggestion for how much would be a safe yet effective dose. Absent this guidance, pet owners are essentially left to their own devices and research to guess or rely on a cannabis dispensary clerk’s take, even though these individuals know noting about the effects on animals. Continue reading

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The majority of states in the U.S. – California included – allow legal marijuana cultivation, production and adult use and sales (with some restrictions) within their jurisdictions. But that hasn’t entirely shielded people from the potential for serious criminal charges for cannabis violations under federal law. California cannabis criminal defense lawyer

Existing statute classifies marijuana as a schedule I narcotic, dangerously addictive like heroin and with no medicinal value. This classification is clearly arcane, but it doesn’t negate the fact that people can still face substantial criminal penalties for federal cannabis violations. Unless and until marijuana is legalized at the federal level, it is imperative to take these seriously and work with a long-time cannabis criminal defense lawyer.

Consider the case of a 26-year-old Maryland man who has been jailed in a maximum security federal prison for close to a year, awaiting trial on federal marijuana conspiracy charge, which is something of a gray area of the law as state laws grow more lenient. He and nearly a dozen others are accused of transporting more than 1,000 kilograms of cannabis from California to Maryland over the course of two years. If convicted, he faces a maximum sentence of 15 years. Continue reading

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Since the right of California cannabis delivery services was cemented late last year with the state supreme court’s ruling in County of Santa Cruz v. Bureau of Cannabis Control, the market seems poised for growth. Still, the clarity of some issues remains clouded. For example, when, where and under what conditions can a licensed retail operator in the state deliver goods to cannabis consumers in outside jurisdictions?Los Angeles cannabis delivery lawyer

As the cannabis delivery market represents a ripe post-pandemic opportunity, those companies considering adding cannabis delivery to their roster of services should have a Los Angeles marijuana business lawyer on retainer.

The mass shutdowns of the COVID-19 pandemic saw huge spikes in all kinds of delivery services, as the public was eager to avoid shopping center crowds. Grubhub, DoorDash, UberEats, Instacart and Drizly soared. Meanwhile on the cannabis front, the CA-based cannabis delivery app Eaze saw its customer base jump by 70 percent. In the last 12 months, Eaze execs estimate a California cannabis order was placed every eight seconds. Our state accounts for the lion’s share of the $17 billion in legal pot sold in the U.S. last year. Continue reading

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