marijuana attorney Orange County

June 6, 2018

Politicians Find Going Pro for Marijuana a Winning Strategy

It’s becoming more clear that support of marijuana is politically marijuana business advantageous. Politicians across the country at all levels are stepping forward with pro-marijuana campaign platforms, and it’s paying off. Even here in California, where both medical and recreational marijuana are legal, it is clear voters want candidates who will continue to protect those laws, according to a report from Civilized. Sen. Dianne Feinstein (D-Calif.) recently switched her stance to pro-marijuana and won her primary bid for re-election. It’s no surprise her change of heart came after her Democratic challenger Kevin de Leon came out swinging with strong support for cannabis last year. Because of California’s “top-two” primary system, both candidates will be on the ballot in November, even though they are from the same party.

These sudden “evolutions” in thinking about marijuana are springing up among political figures all over the country. Senate Minority Leader Chuck Schumer recently had a similar change in thinking, and former Republican Speaker of the House John Boehner flipped on his previously staunch anti-marijuana views to join the board of directors of a cannabis company. Continue reading

March 12, 2018

Colorado Hopes to Bag Residency Requirements for Marijuana Businesses

By Cannabis Law Group

Despite appalling and misguided federal efforts to hold back marijuana businesses, the industry continues to blaze trails with expanded marijuana laws and opportunities, clearing away for progress and reason to prevail.

The latest example comes out of Colorado, where the state is looking to get rid of residency requirements for marijuana businesses. House Bill 18-1011 would allow non-Colorado residents and publicly traded companies own a stake in state-licensed businesses as well as make investments. Right now ownership for non-residents is limited to 15 people. A bi-partisan group of legislators is leading the charge on the bill, which they said will not only attract more investments in the state, but also allow local businesses to be publicly traded, according to The Cannabist.

Officials said Colorado law is causing the state to fall behind roughly a dozen other states that no longer have such limitations. Indeed, California already rid itself of residency restrictions with the creation of Medicinal and Adult-Use Cannabis Regulation and Safety Act in June 2017. The act combined the Adult Use of Marijuana Act and the Medical Cannabis Regulation and Safety Act in an effort to consolidate regulations and laws governing medical and recreational marijuana. Many regulations carried over from the two previous acts, but one notable change was the removal of a rule in AUMA to prohibit licenses from being issued to non-California residents until Dec. 31, 2019.

February 22, 2018

Recreational Marijuana Gets Sanctuary in Berkeley

By Cannabis Law Group

While excitement over marijuana legalization continues to rise at the state level, the incoming clouds of the federal government continue to threaten to rain on the parade. And while some hope to just wait out the storm, others are taking the matter into their own hands.

Berkeley City Council is putting its city and citizens first by becoming a sanctuary city for adult-use marijuana, according to CNN. The council passed a resolution recently that would prevent local agencies from using city funds to enforce federal marijuana laws. That means if federal agents try to come down on anyone in the city, they can do so within the boundaries of their own authority, but not with the assistance of the city or its employees. No financial assistance. No help from employees. No access to information.

The city is taking it a step further as well by actively fight against any steps by Drug Enforcement Administration to close down recreational marijuana businesses in the city.

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 13, 2018

Border Patrol Won’t Recognize Marijuana Legalization

By Cannabis Law Group

While many residents of California have been celebrating recreational marijuana legalization after the Adult Use of Marijuana Act went into effect Jan. 1, 2018, some might be caught off guard if they are stopped even with a small amount of cannabis at Border Patrol checkpoints in the state.

Representatives from the Border Patrol recently told the Associated Press that nothing has changed as far as their job is concerned. They intend to continue to uphold federal law at the eight California checkpoint locations, just as they have since medical marijuana was legalized in the state. The federal Controlled Substances Act, 21 U.S.C. Section 812 still classifies marijuana as a Schedule I narcotic, on par with heroin.

Many states have fought this classification, citing the health benefits the drug provides and the fact that marijuana is not lethal. This has led to a wave of medical and recreational legalization in many states, but U.S. Attorney General Jeff Sessions has been very vocal about his opposition to those efforts.

October 5, 2017

State Trademark Bill Would Help Cannabis Businesses Protect Their Branding

By Cannabis Law Group

The legalization of recreational marijuana has presented many legal issues which courts, lawyers and judges are facing for the very first time. One of those regards intellectual property. Cannabis business owners retain a legal interest in their copyrights, trademarks, branding, unique cannabis products and technology and other designs. Unfortunately, conflicts in state and federal law can make it difficult to enforce these rights.

The U.S. Patent and Trademark Office registers all patents, trademarks and copyrights across the country. However, this done pursuant to federal law, which still bans marijuana entirely. Intellectual property holders can still secure patents for marijuana and marijuana-related products, but the enforcement of such a patent can bring unwanted attention from federal law enforcement agencies. Forbes reports that approximately 500 active marijuana patent holders are in legal limbo.Now, California lawmakers have proposed a solution which will better enable cannabis business owners to protect their intellectual property rights. cannabis trademark attorneys

The Proposed Bill

September 27, 2016

Report: College Students Consume More Marijuana, Fewer Opioids

By Cannabis Law Group

New research from the University of Michigan reveals that high school and college students are far less likely to consume illegal drugs than their parents. In fact, students’ use of prescription opioids (obtained both legally and illegally) is far less than their parents’ generation. However, there is one area where youth drug use surpasses that of the baby boom generation: Marijuana. collegestudent

The Michigan study is an ongoing, four-decades-long research on the use of tobacco, alcohol and drugs. In this most recent analysis of the data, we find that those who are in the 40s and 50s used drugs in their youth far more frequently than the teens and 20-somethings of today. Excluding marijuana, more than 7 in 10 individuals who are in their 50s used illicit drugs at some point in their lives. When you include marijuana, that figure spikes to 85 percent – the vast majority.

When this cohort was in college, approximately half were actively using illegal drugs. Today, about 40 percent of adults who are of college age are using illegal drugs. Continue reading