California marijuana attorney

November 23, 2016

Workplace Prohibitions on Marijuana Still in Effect Despite Legalization

No matter how many states legalize recreational marijuana, the corporate policies of private companies can play a big role in whether people will actually imbibe. job

A recent study by the American Public Health Association, presented in Denver, delved into the issue of what mattered most to those in five state where voters were mulling legalization. The goal was to examine what regulatory approaches states might consider making if they wanted to influence usage.

Researchers surveyed some 535 adults in California, Florida, Arizona, Massachusetts and Michigan, weighing their responses in four different scenarios. What they discovered was:

5 percent said state tracking of their marijuana purchases would deter use;
5 percent said the threat of arrest for smoking in public would deter them;
A price increase of $20 per gram (through higher taxes and fees) would slash usage by 5 percent.

But the biggest potential influence? Employers. Continue reading

November 6, 2016

Marijuana Investors Seek High Returns

By Cannabis Law Group

In just a few days, we’ll know the results of what has undoubtedly been an arduous election. But no matter who wins the presidential race, our marijuana lawyers anticipate one of the biggest winners will be legal marijuana. Five states are slated to weigh marijuana for adult recreational use. Four other states are considering measures that would legalize marijuana for medicinal purposes. Every single one of these initiatives are leading in the polls. As it already stands, 25 states have legalized the drug four (so far) have legalized adult recreational marijuana. money

All of this has understandably caught the eye of investors. The fact that marijuana sales are expected to balloon from the current $7.4 billion to $20.6 billion by 2020 isn’t lost on them. If the November ballot initiatives passed in California, Florida, Arizona, Nevada, Montana, Maine and Massachusetts, those states alone are going to see $2.7 billion in sales by 2018, which is going to grow to about $8 billion within just two years.

Although the potential financial benefits are significant, investors need to be cautious. Consulting with an experienced marijuana attorney is a smart move, considering the volatility of the market, and the fact that not all of these stocks are going to survive. The Marijuana Index, a benchmark firm that follows U.S. and Canadian stocks in the industry noted that public companies in the marijuana market are still highly speculative at this point. Most of the shares are traded over-the-counter, so they don’t have to submit audits to financial regulators. The SEC suspended five marijuana companies in 2014 for engaging in fraud. Investors need to be especially cautious when it comes to start-up companies. Continue reading

November 2, 2016

California Cannabis Could Be What Autos Are to Detroit

By Cannabis Law Group

A recent report by the University of the Pacific in Stockton revealed that California’s capital region of Stockton could be on the receiving end of some 20,000 jobs and $4.2 billion in business revenue if the state approves legalized marijuana for recreation. cash

The study comes several weeks before voters are slated to decide whether to legalize the drug. The research was commissioned by Truth Enterprises, a marijuana investment company – one of hundreds that are hoping voters turn out and vote “Yes” on this issue next week.

Daniel Conway, former chief of staff to the mayor in Sacramento as well as to former NBA star Kevin Johnson, is now the managing partner at TE. He says California (and Sacramento in particular) should be to marijuana what Detroit, MI is to automobiles or what Sonoma and Napa are to wine. However, should local leaders in that region chose to stifle the number and types of cannabis companies that are allowed to operate, researchers found that legalization at the state level would bring only about 1,600 jobs and revenue/ wages/ economic growth of about $322 million. Continue reading

August 22, 2016

Obama Frees Record 214 Federal Drug War Prisoners, More Work Left to Do

By Cannabis Law Group

Recently, President Obama commuted the sentences of a record 214 federal inmates, which was the largest single-day commutations grant in our national history. It means the total number of presidential commutations the president has issued is now at 562, which is more than any other president who actually granted federal prisoner commutations since Calvin Coolidge. In fact, it’s more than the last nine presidents combined. handcuffs6

Most of these commutations have occurred in this, Obama’s last year in office. Undoubtedly, they are part of a larger state Obama is making about the existing failures in our criminal drug system. Of those whose sentences were commuted on this recent round, 197 were serving life sentences for non-violent drug crimes. Almost every one of the total 214 were serving sentences for non-violent crimes that were in some way connected to drugs. They will all be freed by December 1st.

“The extraordinary rate of incarcerations of non-violent drug offenders has created its own set of problems,” Obama said at a news conference announcing the commutations. These consequences include:

Stressed communities
Families forever broken
Huge swaths of people – most lower-income minorities – locked out of legal economic opportunity.

August 18, 2016

Federal Appeals Court: Feds Can’t Prosecute Medical Marijuana Cases Absent State Law Violation

By Cannabis Law Group

In a major victory for those facing prosecution under federal marijuana laws, a three-judge panel for the U.S. Court of Appeals for the Ninth Circuit ruled unanimously that the federal government cannot prosecute persons who grow and distribute medicinal marijuana so long as they are in compliance with state law. gavel21

The case, U.S. v. McIntosh, is a consolidated appeal involving 10 different cases of interlocutory appeals and petitions for writs of mandamus that arose from three district courts in two states (California and Washington). All defendants in these cases were facing federal charges for violation of the Controlled Substances Act. Each sought dismissal of their indictments or else alternatively to enjoin their cases on a Congressional appropriations rider that would bar the Department of Justice from spending taxpayer money to prevent states from implementing their medical marijuana laws. You may recall that in the last two years, Congress prohibited the federal government from spending money in a way that would block or thwart state medical marijuana laws.

It was the position of federal prosecutors that this ban didn’t undercut their right to go after those who cultivate and distribute the drug under federal law – even in states where marijuana was legal. But now, the 9th Circuit has clearly issued a response to that, which is a resounding: No. Continue reading

August 11, 2016

Teen Faces Federal Drug Charges for 1 Gram of Marijuana

By Cannabis Law Group

The first federal marijuana possession case prosecuted in Oregon in five years involves a teenager who is facing up to one year in prison for having just a single gram of the plant. handcuffs2

According to The Washington Post, the 19-year-old recent high school graduate is preparing for college this fall. But at the same time, he’s facing down a possible federal prison sentence that could derail his future.

Bear in mind: This is the state where the drug has been legal for adult recreational use since 2014. But state law has never reconciled with federal law, which still classifies it as a Schedule I narcotic, which means it’s on par with heroin. Back in 2013, the U.S. Justice Department issued a memorandum that announced a hands-off policy with regard to state-level cannabis laws. However, that memo included a provision that directed prosecutors to continue taking on cases that involve distributing marijuana to minors. And that’s where this case picks up. Continue reading

August 8, 2016

Poll: Marijuana Use Among U.S. Adults On The Rise

By Cannabis Law Group

A growing percentage of U.S. adults are using marijuana, according to a new Gallup poll on marijuana use. marijuana1

At this time, approximately 1 in every 8 adults in the U.S. is smoking marijuana. That’s about 13 percent, and it’s almost double the number who answered in similarly in the affirmative just three years ago. In 2013, it was 7 percent of U.S. adults who reported being current marijuana users.

Overall, 43 percent of Americans say they have tried marijuana at some point, though the percentage of experimentation and regular use varied by respondents’ religion and age.

This is, of course, despite the fact that marijuana remains illegal under federal law. As it now stands, four states have legalized the drug for recreational purposes and half have some variation of medicinal marijuana law on the books. Continue reading

August 4, 2016

Marijuana Legalization and Employer Drug-Testing Policies

By Cannabis Law Group

Legalization of recreational marijuana is on the horizon in California. But meanwhile, there are a lot of employers who still drug test as a condition of employment. In many cases, testing positive for marijuana is grounds to deny someone a job. marijuana1

Will legalization change that?

That question was explored recently in L.A. Weekly, which noted that if voters agree to approve recreational marijuana on Nov. 8, employers could find themselves in hot water if they ask prospective or current employees to pee in a cup. Continue reading

July 22, 2016

L.A. Marijuana Tax to Help the Homeless

By Cannabis Law Group

Taxation of legalized marijuana is slated to boost funds for homeless services in L.A. County. That’s if a ballot measure, just approved by the L.A. County Board of Supervisors, is green-lighted by local voters.

Following a four-hour public hearing on the issue, the board agreed in a split 3-2 decision to impose a county-wide tax on recreational marijuana – if it’s approved by voters statewide in the fall.

This action pays lip service to the confidence county leaders have that the Adult Use of Marijuana Act Initiative is going to pass in November. If both the state and local measures are approved, that could mean an estimated $80 million to $130 million annually helping the homeless in L.A. County. That’s based on projections of a 5 to 10 percent sales tax on recreational marijuana. Continue reading

June 14, 2016

Marijuana Possession Arrests Up in NYC, Despite Decriminalization

By Cannabis Law Group

The turning tide of marijuana reform first started in the 1970s, as many state and local governments started to recognize the ill effects of locking up non-violent, low-level offenders for mere possession of the drug. One of the first states to climb on board the decriminalization movement was New York, with its Marijuana Reform Act of 1977. That measure decriminalized small-time possession. marijuana2

And yet, as it was recently reported by The Village Voice, the number of marijuana arrests in state in 2013 was the highest of any other in the country. With an average of more than 535 marijuana arrests per 100,000 people, it was more than double the national average.

Then in 2014, New York City Mayor Bill de Blasio updated police policy to allow officers to issue a summons rather than initiate an arrest for anyone caught with 25 grams or less. That slashed the number of misdemeanor marijuana arrests virtually overnight by nearly 60 percent between 2014 and 2015. Continue reading