California marijuana business lawyers

May 23, 2018

Could Supreme Court Gambling Ruling Bolster Marijuana Rights? You Bet!

An ally in the fight for states rights to enact marijuana legislation has come from an unlikely place. A landmark Supreme Court decision is primed to have a major effect on marijuana rights throughout the country, but the content of the case is not cannabis: It’s sports gambling. The recent decision in Murphy v. National Collegiate Athletic Association opposed a federal law that prohibited states from legalizing gambling on sports. At the heart of the lawsuit is a states’ rights issue, one that will set a precedent far beyond betting on games.

The case began with Congress passing the Professional and Amateur Sports Protection Act in 1992, which made it illegal for states to allow sports gambling if they did not already have laws permitting the activity on the books, according to an article from The Hill. Years later, in 2011, New Jersey voters passed a ballot initiative to amend the state constitution and put in place sports gambling permissions and regulations, which sparked the lawsuit with NCAA and sports leagues. It was determined this was in violation of PASPA, so New Jersey legislators instead repealed the laws they had in place forbidding sports bets in casinos, hoping to create one legal avenue. Federal courts stuck down this action as well, which forced a Supreme Court decision on the matter. The Supreme Court, however, sided with New Jersey, stating that PAPSA violated anti-commandeering doctrine. Continue reading

May 10, 2018

Napa Easing Up on Marijuana Business Restrictions

By Cannabis Law Group

Some local governments have appeared hell-bent on banning or strangling the budding cannabis industry. It’s encouraging in this light to see some leaders embracing the change and making strides to make this a more cannabis-friendly community. marijuana business

The Napa Planning Commission recently endorsed reducing the distance a cannabis business can set up shop to 600 feet from a school or place where children congregate, and even recommended easing up on that rule in instances where a natural barrier would prevent direct access, such as a waterway, according to Napa Valley Register.

For many people, change can be a very scary thing. Often, though, such fears are rooted in lack of education and the feeling of losing control. Once we see new ideas in action, we sometimes wonder why it took us so long to change in the first place, and realize we wouldn’t want things to go back. We see the effects of this sentiment throughout California. Since the passing of Proposition 64, there has been a great deal of caution on the part of cities to slow down change as much as possible. Prop 64 and the follow-up Medicinal and Adult-Use Cannabis Regulation and Safety Act very thoughtfully laid out guidelines that would allow marijuana businesses to begin sales of recreational cannabis, and, in the case of MAUCRSA, brought medical marijuana sales under the same umbrella of rules. These guidelines painstakingly established regulations that would encourage cannabis businesses to operate legally while easing fears of residents. Continue reading

April 17, 2018

Is Trump Just Blowing Smoke with Marijuana Promise?

By Cannabis Law Group

For more than a year, the country has faced uncertainty over the future of cannabis, thanks to the long-time and aggressive anti- marijuana business lawyers marijuana stance of U.S. Attorney General Jeff Sessions. That uncertainty remains, but there is some evidence we could be seeing some positive shifts on the horizon.

Well-known marijuana advocate Sen. Cory Gardner (R-Colorado) recently had a conversation in which President Trump agreed to support Congressional protections of states with legalized cannabis, according to The Washington Post. This comes after Sen. Gardner had been taking advantage of the narrow party margin in the U.S. Senate to block nominees for the Justice Department. The senator agreed to start approving nominees in exchange for the president’s support. Continue reading

March 31, 2018

Unincorporated Areas of Riverside County Might Get Marijuana Businesses

By Cannabis Law Group

The County of Riverside remains a patchwork laws, with each city holding very different opinions on how to best move forward with regulating (or marijuana business lawyer banning) marijuana businesses, growing operations, home cultivation, testing, sales, manufacturing and distribution. That same divide is reflected in the Riverside County Board of Supervisors in how to handle regulations in unincorporated parts of the county. But it looks like after a recent vote, the board will be moving forward on its own with those regulations, while also forgoing a tax ballot initiative in November, according to an article from The Press-Enterprise.

As our marijuana attorneys can explain, even though Proposition 64 passed in November 2016, and adult-use sales were permitted beginning Jan. 1, 2018, it did not mean an automatic free-for-all everywhere in California. The Medicinal and Adult-Use Cannabis Regulation and Safety Act was voted into place by state legislators in June 2017 to streamline the existing Compassionate Use Act of 1996 with the incoming recreational marijuana laws. MAUCRSA Section 18-26032(a)(2) outlines that the actions of marijuana businesses “are not unlawful under state law” so long as they are “permitted pursuant to local authorization, license, or permit issued by the local jurisdiction, if any.” Continue reading

March 11, 2018

Marijuana Businesses Weed Through Hundreds of Candidates at Cannabis Job Fair

By Cannabis Law Group

Californians have known for decades the benefits of marijuana, especially as a treatment for certain medical ailments. Now the state is reaping the benefits of added tax revenue from recreational marijuana businesses pouring into cities that have chosen to legalize marijuana under Proposition 64.

In addition to taxes flooding into communities, so too are jobs, and people are answering the call. Recently in Sacramento, the Cannabis Job Fair had people standing in lines out the door, waiting for up to two hours, according to KCRASacramento, prompting planners to already set their sites on a bigger event next time around.

With such a burgeoning industry, workers of all levels are needed for success. The marijuana industry offers opportunities for those with skills in cultivation, testing, distribution, horticulture, production, kitchen work, sales, management, and more. But they also need people savvy in the typical tent poles of any industry, including finances, accounting, analytical tracking, marketing, and social media. That’s on top of the farmers across the state investing their abilities and resources in the cannabis market. This creates a wealth of possibilities for a diverse cross-section of people across the socioeconomic spectrum. Continue reading

January 27, 2018

California Leaders Pushing Back on Washington, D.C. in Battle Over Marijuana Businesses

By Cannabis Law Group

In 2013, Deputy Attorney General James Cole issued what was known as The Cole Memo, a directive during the Obama administration that told marijuana business lawyers federal officials to back off of prosecuting those selling, distributing, growing, or using marijuana, so long as the offenders were following state laws. The memo was issued to reconcile the federal Controlled Substances Act, 21 U.S.C. Section 812, which classifies marijuana as a Schedule I narcotic, with the wave of state laws that allow cannabis sales and use, either medically or recreationally. The move gave hope to the growing number of Americans in favor of full cannabis legalization nationwide.

However, the U.S. recently took a big step backward when current Attorney General Jeff Sessions rescinded the directive, re-opening the door for federal prosecutors to allocate resources at their discretion for cracking down on marijuana operations.

Leaders in states that have legalized marijuana have no intention of going down without a fight, though. With many more making moves to legalize cannabis in state legislatures or on ballots this year, they might have even more allies by their side. Continue reading

January 8, 2018

Cautious Optimism Surrounds Marijuana Business Stocks

By Cannabis Law Group

While there are lingering concerns around the cannabis industry, with the federal government scrutinizing state marijuana attorney legalization measures and uncertainty about the effects of tax reform and unemployment rates, there is still a lot of optimism surrounding marijuana industry stocks in the U.S.

Cannabis stocks saw a spike around the holiday season, bolstered by an increase in spending overall in November of 2017. Some reports even indicated marijuana and marijuana products were a popular gift this year. Our marijuana attorneys urge you to check local laws and only purchase, give and transport commercial products legally.

With reports showing possible economic growth in the U.S., it could mean a continued upswing for an ever-expanding marijuana market. The right factors seem to be in place to potentially see more people investing in the industry and more consumers with expendable income to buy recreational marijuana and related products.

This trend is expected to continue with California recently opening up legal recreational marijuana sales in the state, thanks to the Adult Use of Marijuana Act, ushering in the potential for a great deal of commerce in one of the nation’s biggest markets. Cities across the state were able to decide for themselves whether to participate and how, with major markets such Los Angeles throwing their hats in the ring.

December 12, 2017

California Now Accepting Recreational Marijuana Business License Applications

By Cannabis Law Group

Last week, the state of California started accepting applications from marijuana businesses and start-ups seeking to operate within the state’s legalized marijuana industry in 2018. This is a major milestone from this burgeoning market, and it’s being furthered by a new online system that will allow retailers, distributors and product testing services to obtain the licensing necessary to engage in business under newly unveiled state regulations. marijuana business lawyer

Sales of recreational marijuana in California will begin Jan. 2nd. Although our state was the first to approve of medical marijuana with Proposition 215 in 1996, we have lagged when it comes to implementing recreational marijuana sales. Still, as the largest state to enact such a law, many other states following suit will be watching carefully. The state’s Bureau of Cannabis Control (the Bureau of Medical Cannabis Regulation prior to the passage of Proposition 64) announced that with applications beginning to be submitted, we’re one step closer to the issuance of the first commercial cannabis business approvals.

The launch of the online system appeared to be going well, with officials saying visitors were mostly just exploring the site as opposed to actually sending in full applications. Some got started on an application, submitting certain bits of information, and then saved it to finish later. Temporary licenses, which are effective for four months, won’t be effective until the beginning of the year, and businesses must first obtain a local permit before they can successfully apply for a state-issued license. These temporary licenses cost $1,000 per application fee. A background check requirement is to be waived. Continue reading