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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

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One of the issues that faces those who want to smoke pot in their apartments is that even though it will be legal to do so, it may be a violation of your lease. A recent news article from NBC 4 Los Angeles takes a closer look at this issue.

medical marijuana When Proposition 64 was drafted, it was done in such a way that would appease many of the opponents of legal use of recreational marijuana for adults.  This is because while it was not as liberal as they would prefer, if was to pass, there would have to be some major concessions, so that is what happened.   While the law did get passed at the ballot and will go into effect on January 1, 2018, there are still some issues that may cause hardship to those who wish to smoke marijuana in their homes. Continue reading

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According to a recent news article from the Fresno Bee, a California State Senate bill (SB-94) has just passed and become law after it was signed by Governor Jerry Brown.  This law was a big deal, as it combined the regulation of medical marijuana and recreational marijuana into a single set of laws.  Make no mistake about it, this is a massive bill, as we have discussed in other posts on this blog, however, there are some clauses have not been making headlines.

marijuana attorney Orange CountyOne of the provisions in the new bill will allow for cannabis to be sold on fairgrounds that are owned by the state of California, as long as it is during a state or county fair and during private events.  However, there are various conditions before one can sell marijuana on these state-owned fairgrounds. Continue reading

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While California was at one time the most progressive state in terms of medical marijuana legalization, as it was the first state to allow for such an unheard of thing in 1996, there are other states, and the District of Columbia, that have legalized marijuana for adult recreational use.  However, it should be noted that California is expected to far outpace the rest of the country in terms of the money being made once recreational marijuana becomes legal in 2018.

medical marijuana lawyerA recent article from The Union discusses how that fact that California was not first to legalize the recreational use of marijuana for adults might not be such a bad thing, because we will get to learn from some of the problems and “pitfalls” other states had when they first legalized recreational marijuana. Continue reading

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A recent Op-Ed from the Los Angeles Times takes a look at the future of medical marijuana in one South Los Angeles district. As the author notes, the majority of California voters who voted supported the legalization of marijuana for recreational use for adults.

cannabis Lawyer RiversideThere are a variety of reasons why people supported Proposition 64, otherwise known as the Adult Use of Marijuana Act.  Some people realize that marijuana is not dangerous and there is no reason it should be outlawed.  Other voters, do not necessarily love the idea of people smoking marijuana, but realize that it is going to happen regardless and this way we are not spending billions on a so-called war on drugs that is clearly not working. Not only was the state losing money on enforcement, the state was also losing money to the black market, as they were not able to tax marijuana. Continue reading

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As we have discussed in various other posts on this blog, California has been taking major steps to regulate the medical marijuana, and now recreational cannabis industry, at a state level.  Since medical marijuana was first legalized back in 1996, there was little regulation at the state level.  All of the major regulation was left to local governments in the various counties, towns, municipal districts, and cities across our state.

marijuana attorney Riverside This meant that, in some cities, there would be no medical marijuana allowed and in others there would be.  It also means that there were varying levels of regulations with respect to cultivation distribution, and sale or delivery. Continue reading

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According to a recent news article from the Sacramento Bee, some major changes to the adult legalization of marijuana are coming, including whether you can carry marijuana in your vehicle.  This change and many others comes from a 100-page bill just signed by Governor Jerry Brown with the goal of creating a unified regulatory system to govern marijuana in California. This is part of a major change that has been a long time coming, as there was previously very little state involvement in the medical marijuana industry.

marijuana lawyerThe state wanted to change the reputation that California is the Wild West in terms of marijuana laws and business, and they moved to create an agency to regulate medical marijuana.  As this was occurring, Proposition 64 was passed by a majority of voters, making marijuana legal for recreational use as well as medicinal. Continue reading

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A recent article from THV 11 news involved some growing fears among those in Arkansas who receive Social Security benefits and wish to apply for medical marijuana cards.  This is a novel issue there.  Even though some states, like California, have had medical marijuana programs since 1996 or shortly thereafter, these residents are living in one of the latest states to issue medical marijuana cards.

medical marijuana The fear is that if they obtain a medical marijuana card, they will be on a list that the federal government can use to terminate their Social Security benefits. One patient interviewed for this story suffers from chronic pain.  She has pain in her neck that radiates to her head, where it causes very severe migraines. She also has a painful medical condition known as peripheral neuropathy.  This condition causes her arms and legs to constantly feel like they are burning. Continue reading

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In 2015, a bill was first introduced that was designed to allow states to have legal medical marijuana or even recreational marijuana without any fear that the federal government would step in and enforce existing federal drug laws.  This is important, because marijuana is still a Schedule One controlled substance on the United States Controlled Substances Act of 1970 (USCSA).

LA Medical Marijuana LawyerThe previous attempt at the CARERS Act, which stands for Compassionate Access, Research Expansion, and Respect State, called for moving marijuana from the highest schedule and moving it down to a Schedule Two controlled substance. Continue reading

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On November 8, 2016, California voters passed Proposition 64 – the Adult Use of Marijuana Act. This law has many effects for the use and sale of marijuana within California. While the guidelines for personal use are fairly clear within the law, cannabis business owners face greater uncertainty. Their challenge is to adapt their business model to the new forms of industry regulation.

Business experts expect California’s cannabis industry to quickly become the largest marijuana market in the country once the provisions of Proposition 64 take effect. For reference: Washington and Colorado had over one billion dollars’ worth of marijuana sales in the first half of 2017. California, by comparison, had over two billion dollars in sales of just medical marijuana in 2016, before the bill had even passed, The Hill reported. Financial experts claim that few industries offer the growth potential of legal marijuana. Yet this profitable and exciting market is also young and untested, and its regulations change almost daily. Successful cannabis businesses must adapt their business models and prepare for the coming effects of Proposition 64.  Continue reading

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Marijuana users across the nation have long faced employment sanctions related to their cannabis use – even when that use is sanctioned under state law by medical marijuana provisions. On November 9, 2016, personal use and cultivation of recreational marijuana became lawful within California. Many cannabis users assumed that – in addition to their right to use marijuana recreationally – their workplace rights would be protected, as well. Unfortunately they are not.

Employment Rights and Recreational Use Law

Current California case law allows employers wide discretion to create workplace drug policies for pre-employment drug testing and employee drug use. In 1997, the Superior Court of Los Angeles considered a constitutional challenge to the City of Glendale’s drug policy. (Loder v. City of Glendale,14 Cal.4th 846). Lorraine Loder alleged that the drug policy – which required drug tests of any applicant, and any current employee who applied for a promotion – violated the privacy guarantees of the state Constitution. In a somewhat surprising (and verbosely-dissented) opinion, the Court determined that pre-employment testing did not violate an applicant’s expectation of privacy, but promotional testing for current employees did. In general, the court disclaimed an employer’s right to conduct random drug screenings on employees without having particular reason to suspect drug use. The court left open an employer’s broader right to fashion wide-reaching drug policies, provided those policies did not otherwise infringe on state or federal law.

In 2008, the Supreme Court of California considered an employer’s drug policies in conjunction with an employee’s lawful use of medical marijuana (Ross v. RagingWire Telecommunication Inc., 174 P.3d 200). The Court – noting that the Compassionate Use Act contained no employment provisions – determined that there was no law or public policy which would require an employer to accommodate the medical use of marijuana, and affirmed RagingWire’s decision to fire Mr. Ross. This, too, created a broad right of employers to fire employees on the basis of marijuana use.

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