marijuana lawyer

October 6, 2022

California Workers Won’t Need to Worry About Weed Use Off-the-Clock

California employees are now protected from off-the-clock cannabis use, thanks to a new law recently signed by Governor Gavin Newsom. Assembly Bill 2188 makes California the 7th state in the U.S. that prohibits employers from discriminating against workers who consume cannabis legally when they’re not at work. cannabis employment protection

The statute formally goes into effect on Jan. 1, 2024. The law forbids employers from making decisions to hire, fire, or take any other adverse employment action on the basis of a drug test that detects “nonpsychoactive cannabis metabolites” in the test taker’s urine or hair. It’s worth noting that such a test is not an accurate indicator of current impairment (something employers still have control over). Cannabis-positive urine and hair follicle tests are only indicative of recent cannabis use – and “recent” can mean weeks prior.

Our Orange County marijuana lawyers – who also handle Southern California employment law cases – recognize that such tests are not only offensive, but a clear invasion of an employee’s personal privacy over their own body. Recreational marijuana use by adults – just like alcohol use – has been legal in California for years. We don’t penalize workers for after-hours cocktails or wine with dinner. Why should workers be punished for legal cannabis use off-the-clock?

Of course, workers can still be penalized for being under the influence of cannabis on-the-job. Companies are not obliged to continue employing individuals who come to work impaired. But determining impairment involving cannabis is a bit trickier than with alcohol. Alcohol cycles through the human body quickly. Therefore, a blood, breath, or urine test that shows traces of alcohol is decent proof that the consumption was fairly recent. Often the higher the amount of alcohol concentration, the more recent the consumption and/or greater the degree of inebriation. Continue reading

February 2, 2021

Senators Vow Push for Federal Marijuana Legalization in 2021

By Cannabis Law Group

Renewed hope of federal marijuana legalization in 2021 have been restored after several senators – including Senate Majority Leader Chuck Schumer – recently vowed to press forward with expansive legislation to end U.S. prohibition on cannabis. As our Los Angeles marijuana lawyers can explain, this is the next logical step given that so many states – including California – have already lifted prohibition (albeit to varying degrees). marijuana legalization

The reform that Schumer and other lawmakers are discussing would also have a restorative justice element for those previously convicted of marijuana-related offenses.

The failed “War on Drugs” has inevitably proved to be a war on people (namely, people and communities of color). Ending prohibition is essential, but it’s really just the start. Some of the damage can never be undone, but restorative justice measures that erase criminal records for non-violent marijuana-related offenses is necessary to begin turning the tide and helping the communities that have been decimated by these drug policies.

January 28, 2021

L.A. Marijuana Businesses With Expiring Permits Get License Extension

By Cannabis Law Group

Dozens of Los Angeles marijuana businesses with permits that expired Dec. 31, 2020 will have until March to renew their licenses renewed, regulators announced. The news came days after the city’s Department of Cannabis Regulation informed licensees they would not be allowed to conduct commercial marijuana business after New Year’s Eve. Our Los Angeles marijuana business lawyers understand the about-face was based in large part to the widespread impact of the novel coronavirus on business owners’ abilities to pay renewal fees on time. COVID-19-related closures at the city’s finance office set things back even further.

The news impacts nearly 60 businesses with now-expired licenses.

The businesses faced a host of expensive consequences if the city chose to report them to the Los Angeles Police Department or other state agencies. Now, they will have until March 1st before such actions will be taken. Continue reading

December 5, 2020

House Passes Federal Marijuana Legalization Bill

By Cannabis Law Group

The U.S. House of Representatives has passed a federal bill that would decriminalize marijuana at the federal level. It’s a sweeping measure that expressly strives to address racial inequality of drug law enforcement, though the impact could be much broader – that is, if it had a realistic shot at passing in the Senate. Our Los Angeles marijuana lawyers and most Washington insiders agree the bill is likely to falter in the Senate.

The Marijuana Opportunity Reinvestment and Expungement Act (or MORE Act) would remove cannabis from the list of U.S. controlled substances. It would also expunge lower-level federal marijuana arrests and convictions and provide incentives for minority-owned cannabis businesses in a market that has been expanding rapidly in recent years – not just in California, but throughout the country. Additionally, it would establish an excise tax on marijuana sales, allowing that money to be funneled into areas that were particularly hard-hit by the failed war on drugs.

The measure was largely approved along party lines, though five Republican representatives and one independent joined Democrats in passing the bill. Half a dozen Democrats voted against it. NPR quoted the bill’s sponsor as saying federal action on the issue is an imperative, given that the majority of states plus Washington, D.C. have recognized medical cannabis as legal and 15 allow its sale and possession for adult recreational use. Those who voted in favor of the bill say it is long overdue, particularly as so many of the arrest and sentencing laws have placed an unfair burden on minority and low-income communities. Research conducted by the ACLU has established that people of color are four times more likely to be arrested for possession of marijuana than their White counterparts, despite evidence these groups use the substance in equal measure. Federal estimates are that some 22 million Americans regularly use marijuana. Continue reading

April 22, 2020

L.A. Marijuana Business Lawyer Can Help With Equity Grant Application

By Cannabis Law Group

Minority L.A. marijuana business entrepreneurs have a chance to receive a big boost through $30 million worth of grant funding. The California Bureau of Cannabis Control and the Governor’s Business Office of Economic Development has announced they will be assisting bud businesses owned by those in communities that were unevenly impacted by the failed War on Drugs. More than $6 million of that is going directly to cannabis companies in L.A. L.A. marijuana business lawyer

The money will be earmarked to:

Extend technical assistance.

September 26, 2019

Marijuana Lawyers Help Cannabis Testing Labs Seeking Stability

By Cannabis Law Group

It was just last year that California’s lab testing industry was pushed near to its limits with state regulators’ recently-imposed testing thresholds – the first round of which went into effect last summer and the second nearly 10 months ago. marijuana business lawyer

The primary impact of all this, aside from additional expenses that nearly crippled some laboratories and retailers, was:

Extended wait time for cannabis testing results;
An increase in product testing failures (as facilities adjusted to the new expectations);
Industry insiders calling for state regulators to extend permits to more testing lab facilities.

September 12, 2019

A Growing Battle for Cannabis Cultivation Rights

By Cannabis Law Group

The fight over legal California marijuana farming – specifically the question of where it’s allowed – has caused great tension in communities from Sacramento to Napa. Property owners are particularly riled at the loss of home values due to reportedly persistent and overwhelming marijuana grow operations. marijuana lawyers

In one such instance in Santa Barbara County, government officials have begun implementing regulations for the large cannabis farms throughout the region, hoping to address the smell-related issues

But Los Angeles marijuana lawyers know there have been other disputes as well. It’s been more than two years since the state ruled residents don’t need a physician’s note to purchase the drug, but it’s largely up to local governments to decide if cannabis farms are allowed and whether to impose restrictions tighter than state rules. Continue reading

August 10, 2019

Bill Reversing City Cannabis Sale Bans Shelved, But Expected to Resurface

By Cannabis Law Group

A big part of why black market buds are still big business in the Golden State has to do with the fact that there are still so many cities and municipalities that ban the substance outright. But a major provision of Prop. 64, which legalized the drug, was that it gave cities the right to decide for themselves the extent to which they welcomed the cannabis industry – if at all. cannabis lawyer

In the spring, a bill introduced by a California Democrat from San Francisco promised to put that aspect of the law on the chopping block, requiring cities that had enacted bans to put their measure to a local vote. Anywhere more than half the electorate was against their local ban, it would be reversed.

Assembly Bill 1356, introduced in February, had the potential to triple the amount of storefront pot shops in the state – from about 630 to more than 2,200. It called for allowing at least one cannabis store to every four liquor stores or one for every 10,000 residents. Continue reading

August 5, 2019

Report: $30 Million Seized From Accused Black Market Cannabis Companies

By Cannabis Law Group

Raids on black market marijuana dealers have become increasingly more frequent. However, many say it’s not enough to have a measurable impact on the scourge. cannabis lawyer

Over the past year, authorities in California have tripled the number of raids on unlicensed marijuana shops, according to the Bureau of Cannabis Control. In the last year, the BCC has targeted unlicensed, black market growers throughout the state by:

Working with local sheriff’s agencies and police departments to serve half a dozen search warrants over the course of a year, yielding some 1,600 pounds of marijuana valued at nearly $14 million.
Using its own agents to serve 20 search warrants on unlicensed marijuana sellers, confiscating more than 2,500 pounds of the cannabis products valued at nearly $17 million.
Seizing more than $200,000 in cash from illegal stores.

Los Angeles cannabis business attorneys have noted too that the governor just approved a maximum daily fine of $30,000 for growers, distributors and sellers who are not properly licensed. And while authorities work to get a handle on the problem, many say even with bolstered enforcement, it isn’t enough – despite the fact that this is exactly the sort of thing that Proposition 64 was passed in 2016 to prevent. Continue reading

June 8, 2019

Gifting Ganja: Can I Buy Cannabis for My Friend in California?

By Cannabis Law Group

Is it legal to buy recreational cannabis for my friend in California?

This was a question our Los Angeles cannabis lawyers were asked recently. Now that recreational marijuana is legal in California, thanks to the Adult Use Marijuana Act, it can seem common courtesy to pick up a candy or tincture for our friend while you’re at the local dispensary. But is it legal? marijuana possession attorney

It’s not unreasonable to be concerned about what might seem a rather banal errand – at least where marijuana is concerned – even in a state where it’s legal. Continue reading