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

Articles Tagged with California marijuana lawyer

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When voters approved Proposition 64 in November, the promise was that by Jan. 1, 2018, recreational cannabis users could walk into a licensed store to purchase their favorite strain of marijuana. Meanwhile, the Medical Cannabis Regulation and Safety Act, which involves a number of new regulations for medical cannabis sales, is slated to roll out around the same time. However, there is evidence to suggest that the actual timeline for legal marijuana commercialization is going to be pushed back to 2019.marijuana

A recent report published in The Cannifornian indicated that government leaders and industry insiders have posited that difficult regulatory challenges have to be hammered out before recreational marijuana becomes legal. Speaking at the recent Emerald Cup, held at the Sonoma County Fairgrounds, government regulators noted that prohibition on cannabis lasted so long and was so complicated, that the process of ending it is not going to happen overnight – even with this vote.

For example, Lori Ajax, chief of the California Bureau of Medical Cannabis Regulation, noted there are a number of challenges created by the different structures of the two new marijuana laws, and there may be conflicts between the two that need to be resolved. Each take very different approaches to things like residence requirements, timelines, license categories and ownership. One of the primary questions, says Assemblyman Jim Wood, is whether this will result in two parallel marijuana regulatory systems or a single system that somehow combines the two.  Continue reading

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With the election over and recreational marijuana approved by California voters, people still have many questions about what this is going to mean in their day-to-day lives. One of the most common questions our marijuana lawyers receive: “Am I now exempted from an employer drug test?”

Unfortunately, no.buds

Although recreational use of the drug is now legal, the new law specifically holds that companies have the right to keep a drug- and alcohol-free workplace. They reserve the right to hang onto policies that disallow the use of marijuana by workers or prospective workers. Many employers in contact with cannabis advocacy group California NORML say they intend to keep their current drug screening policies, many of which do not allow the use of marijuana.

Companies say it’s not just that they are trying to be a stick in the mud. Those in human resources explain there are some legal concerns, first as far as federal law goes. Although California law now allows recreational and medicinal use, the federal government does not. The second concern stems from liability. A worker who is required to operate heavy machinery or be on high alert cannot be under the influence of any substance, including marijuana. Continue reading

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As we head into 2017, there is a great deal of uncertainty about what a Trump administration will mean for those in the marijuana industry in California and beyond. Cannabis advocates and industry players are struggling with attempting to formulate a strategy when no one knows exactly what the President-elect thinks about legalization.americanflag

There have been efforts to piece together an idea of what the strategy will be, based on off-hand remarks and Trump’s cabinet picks. Then there is the fact that conservatives have historically demonized marijuana use (including both the new attorney general, Sen. Jeff Sessions, as well as the new health and human services secretary, Rep.Tom Price). But then there is also the fact that Republicans have largely embraced the notion of empowering states’ rights. Plus, marijuana is no longer a red-blue issue, with many conservative Republicans favoring legalization, and there are also liberal Democrats who oppose it. Trump himself has said that he is in favor of medicinal marijuana access.

In light of all this, those in the industry have worked out some loose-level strategies and ideas that will likely need to be tailored as time goes on and the policies become more concrete.  Continue reading

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A South California town is positioning itself to be a mecca of cannabis cultivation in the coming years. The vision is complete with “bud and breakfast” resorts and “soak and toke” mineral spas. marijuana

In Desert Hot Springs, property developers are planning cannabis cultivation and distribution businesses that will serve as a prime location for the budding recreational marijuana industry. Leaders see the sites open for business by 2018. For example, one property developer is planning to be Southern California’s first stand-alone cannabis extraction facility in an old welding shop that used to be a barn. Other property owners are planning greenhouses that will span tens of thousands of square feet and destinations for locals and tourists alike.

With the passage of Proposition 64, California voters opened the door to what will soon be the single largest legal marijuana market in the country. Desert Hot Springs is one of those that is preparing to capitalize on that prospect. Characterized as a “bedroom community,” Desert Hot Springs is located in Coachella Valley and has a population of 26,000. It was the first community in Southern California to green light large-scale growth of marijuana. Currently, there are two dozen new marijuana businesses, and the hope is many more will be added over the next two years.  Continue reading

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In a recent interview with Rolling Stone magazine, characterized as an “exit interview,” President Barack Obama shifted his position on marijuana once again. He stated flat-out that use of marijuana for recreational purposes should be treated the same way we treat alcohol or tobacco. He characterized marijuana as a public health issue, and said the current state marijuana laws – a crazy patchwork quilt of varying state and federal statutes is not a tenable situation. whitehouse

It was a very short piece of a much longer interview, conducted the day after the Nov. 8th election, Obama said that while he has been in clear in his believe that it is important to discourage substance abuse. He also said he does not see marijuana as a solution or remedy for all difficulties or diseases. However, he did say that the “much smarter way to deal with it” is to treat marijuana use as a public health issue, the same way we do with products like cigarettes or alcohol.

Of course, he noted these classifications are not typically accomplished by a swift presidential edict. Rather, they are done legislatively or through the U.S. Drug Enforcement Administration. Obama noted that the DEA has the job of enforcing laws, so it’s not surprising that the agency is not going to be on the cutting edge of changing it, even as popular opinion has swung widely in favor of medicinal use and slightly in favor of legalizing the drug for recreational use. Continue reading

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Over the last eight years, the federal government’s approach to marijuana prosecution and civil action evolved. Although it was never within President Obama’s power to legalize the drug nationally himself, he oversaw a Department of Justice that was initially dogged in its pursuit of marijuana entrepreneurs, and later much more relaxed. Still, the drug remains illegal under federal law. A provision of a federal spending measure passed in 2014 sapped the funds of federal prosecutions of medical marijuana operations complying with state law. However, this election raised a host of new questions about the protection that medical marijuana and now recreational marijuana would receive under the new administration.whitehouse

Election night turned out to be a clear success for the support of medical and recreational marijuana legalization. California, Nevada, Massachusetts and Maine legalized recreational use. Florida, Arkansas and North Dakota approved medical marijuana initiatives.

So now the question is, what type of approach will the Trump administration take? It’s a major question because, while Obama took a hands-off approach and we knew Clinton was expected to do the same, there is uncertainty about Trump’s stance.  Continue reading

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While the marijuana laws in the U.S. are gradually becoming more relaxed, in the United Kingdom, the drug remains a Class B substance, which means simple possession can result in a five-year prison term. Those caught supplying the drug can face up to 14 years in prison. marijuana

Yet there are many people who are desperately ill and in need of the drug as medicine. This has created an underground medical marijuana scene, a snapshot of which was recently seen in a new documentary series called Viceland. Dealers reportedly give away tens of thousands of pounds of cannabis every year in an effort to help relief physical pain and suffering of those in need.

Similar to the arguments against legalization in the U.S., those against allowing medical marijuana in the U.K. argue that the drug is tough to dose, has been linked to mental health problems and serves as a “gateway” drug.  Continue reading

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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

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Regardless of what the marijuana laws are in individual states, those who cultivate, process, store, package and distribute marijuana remain at risk for criminal penalties and civil forfeiture so long as federal statutes outlaw the drug. police

Case-in-point: In January, officials with the U.S. Drug Enforcement Administration, alongside police officers from the San Diego Police Department, raided Med-West Distribution. This was a legal medical marijuana business that carved its niche refining cannabis oil for use in vaporizer pen devices. Officers decked out in helmets, tactical vests and heavily armed barged in, pointed guns at workers, handcuffed those inside and scoured the property for valuables. They seized a safe with $325,000 in cash. Officers high-fived one another as they left. Subsequent to that, in June, local police served to seizure warrants on the business’s cash as well as on the owner’s own family. The department pilfered nearly $100,000 from the family’s personal savings and checking accounts – funds that are totally unrelated to Med-West. Their two teen daughters lost their entire college savings – about $11,300.

The owner today says he is baffled. He was operating a marijuana business legally in compliance with state laws and local regulations. Neither the owner nor his wife has been charged with any crime. None of his employees, several of whom were arrested, were indicted in connection with that raid. And yet, the police department has refused the family’s repeated requests to return their money. Further, prosecutors have yet – more than 10 months after the fact – to file a civil forfeiture action against their bank accounts.  Continue reading

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A Forbes finance and technology reporter recently explored the ways in which the legalization of marijuana across the country has created a scramble for those in the real estate industry. Snapping up commercial warehouses and other properties that will be desirable for marijuana cultivation, processing and distribution is a focus of many investors at this juncture.

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The Wall Street Journal reported that growers are most interested in warehouses bigger than 80,000 feet. Some indoor marijuana farmers want warehouses that are between 8,000 feet and 20,000 feet. These spaces can be primarily used for processing, packaging and storing.

We’re already seeing how this can be profitable for those in commercial real estate. Take Colorado, for example, where CBRE (Commercial Real Estate Services) reports that lease rates for industrial properties in northern Colorado (near Denver) are up to $8.40 per square foot in the first six months of 2016. compare that to the national average for industrial rent, which is at $6.30 per square foot. The marijuana industry has increased the cost of warehouse space for 60 percent, and renewal rates have spiked by 25 percent.  Continue reading

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