• Marijuana DUI Defense and Drug Charges
  • Advocating for Collectives, Growers
    and Patients Rights
  • Our Attorneys can Help you find a Location
    and Incorporate your Collective
  • Fighting to keep our Client’s Collectives
    Open Through Affordable Litigation
  • criminal defense: marijuana possession,
    sales & cultivation charges

Unsolicited marijuana business text advertisements have resulted in a number of class action lawsuits against pot providers, accused of spamming recipients with unwanted sales and deals. At least 12 marijuana ad lawsuits have been filed across the country over the last two years. Eaze, a California marijuana delivery company, is one of the first of those cases to head to court. That case was ultimately sent to arbitration last year, and the company ended up settling another similar case pre-trial for an undisclosed sum. Los Angeles marijuana marketing lawyer

Cannabis companies would be wise to turn to Los Angeles marijuana advertising attorneys before launching any sort of marketing campaign, as the navigating the legal waters of such enterprises can be fraught with peril. The reality is, marijuana marketers can’t afford to turn a blind eye to federal law that is on the side of consumers in these cases. After mounting a defense and settling a case, you could easily be looking at six-figures.

One of the primary issues in these cases are reported violations of the Telephone Consumer Protection Act (TCPA), a federal law that prohibits transmitting unsolicited advertisements of any goods, property or services to a person without their express prior permission or invitation. A cannabis advertising lawyer in California can help you review your marketing practices to make sure you aren’t risking vulnerability to such claims. Continue reading

California’s marijuana banking and labeling laws were updated recently, with Gov. Gavin Newsome (D) signing off on several laws to enact a series of adjustments to the biggest legal cannabis system in the U.S. The governor said California marijuana businesses should will need to wait until next year for bigger changes. marijuana banking

The most significant changes in this latest series are to marijuana advertising and banking laws.

Governor Approves Marijuana Business Regulation Changes

As our Los Angeles marijuana business lawyers know, finding legal banking services is still a challenge for many cannabis companies. AB 1525 will have the effect of removing the state-level penalties against banks that provide services to operations that profit from marijuana sales. Continue reading

A growing swell of support for decriminalization and legalization of marijuana – and expunging the criminal records of those with prior cannabis convictions – could indicate these policy changes might become reality in the next few years.

A top advisor to Joe Biden, the Democratic presidential nominee, stated emphatically that these would be top priorities for the new administration if he’s elected. L.A. cannabis lawyers

In an interview with MSNBC, the advisor referred to these drug reform policy proposals as “modest,” but also imperative, underscoring that neither Biden nor his pick for vice president, Kamala Harris, think people should be jailed for non-violent drug offenses.

This isn’t a total 180 from the campaign’s previous platform on drug policy, but it does indicate that marijuana reform is something that is being pushed to the forefront. The idea of decriminalizing – and going a step further to legalize – marijuana at the federal level was part of the recommendations made by a criminal justice task force that Biden and Sen. Bernie Sanders (I-VT) launched earlier this year. But Biden’s position doesn’t go quite that far. Continue reading

The U.S. Drug Enforcement Administration (DEA) released a new interim rule on hemp and derivative products, such as CBD. The DEA insists that this final rule simply conforms the agency’s regulations to the statutory changes made to the Controlled Substances Act in the 2018 Farm Bill. hemp cbd lawyers

But our Los Angeles CBD lawyers know that those in the hemp processing business still need to use special care. The 2018 Farm Bill did in fact legalize hemp, its derivatives and extracts. Yet nothing in the bill expressly covers processing of hemp, and the new DEA regulations don’t address it either. This creates some concern that hemp processing companies may face criminal actions because the chemical effect of the hemp extraction process can push the THC concentration above the legal limit. Continue reading

A superior court judge tentatively ruled against cities pushing to overturn the government rule allowing California marijuana deliveries everywhere in the state. But the case isn’t over yet.L.A. marijuana delivery lawyers

In the ruling, the judge expressed doubt that some of the cities that filed the complaint even have legal standing to bring the action. Some have no local ordinances in place that expressly conflict with the California Bureau of Cannabis Control‘s marijuana delivery rule. If they lack legal standing, there is nothing to dispute.

This is a case that will likely have far-reaching implications for legal marijuana sales statewide. The question is whether it’s the state or local governments who maintain control over marijuana cultivation and sale within different jurisdictions. Continue reading

As longtime Los Angeles cannabis business lawyers, we recognize that there are significant legal barriers to entry in California’s legal marijuana market. For this reason, an increasing number of smaller farmers are jumping on the bandwagon of something called “contract cannabis farming.” This is a common practice in mainstream agriculture that is just starting to gain steam in the cannabis market.Los Angeles cannabis contract lawyer

These types of contracts diverge from the normal model of cultivation employment, and they can even vary significantly from contract to contract. Basically land owners gain the appropriate cultivation permits from local and state authorities. From there, they contract with experienced cannabis crop growers who conduct the actual farming. Many of these farmers are legacy growers who weren’t successful in landing their own state cultivation permits due to so many barriers to entry. The land owners and the growers then split the profits. Additionally, farmers get their foot in the door of an industry they may not have otherwise. That could result in more opportunities down the line.

Cultivation contracts vary in length and scope, but they typically last a year or so, but some continue in perpetuity until one or both parties dissolves the relationship. Neither should enter such an agreement until having it carefully examined by a California cannabis business lawyer experienced in contract drafting and review. The importance of this is underscored by the fact that there have been numerous lawsuits stemming from these arrangements, with allegations including fraud, breach of contract and labor law violations. Continue reading

The 2018 Farm Bill left no question as to the legality of hemp when it removed the crop – and its derivatives like CBD – from the definition of “marijuana” as listed within the U.S. Controlled Substances Act. The measure gave the U.S. Department of Agriculture regulatory authority over how hemp could be grown under federal guidelines. That said, states were given the option to assert primary regulatory authority over hemp growth and production inside its own borders. States that wanted to do this needed to submit plans to the USDA. Los Angeles CBD Lawyer

Although states weren’t given a strict deadline for submission of their own plans, it was noted in USDA interim rules that previous federal statute governing cultivation of hemp (the 2014 Farm Bill) expires at the end of October. That means hemp industry insiders in states that don’t turn in their hemp cultivation and production plans prior to Oct. 31, 2020 may have issues if their practices are not consistent with federal law.

As a longtime Los Angeles CBD lawyer, I have been closely watching these developments in California. In 2019, state lawmakers passed SB-153, a measure that required the state’s attorney general and department of food and agriculture to team up and put forth a hemp production plan to the federal agriculture department by no later than May 2020. However, that did not happen. According to the USDA, the feds are still waiting on California’s plan. Continue reading

The U.S. Department of Justice is requesting that a federal court intervene to force marijuana regulators in California to turn over records on cannabis business licenses, shipping manifests and other data. The purpose of that request remains unclear. Los Angeles marijuana business lawyer

According to L.A. Cannabis News, a petition filed within the U.S. District Court for the Southern District of California shows the federal Drug Enforcement Administration (DEA) in January issued a subpoena to the California Bureau of Cannabis Control for records pertaining to cannabis companies and owners. Regulators refused to turn the records over, citing the federal government’s failure to specify the relevancy of their request. Furthermore, the agency said they risked violation of privacy laws by turning over the records.

What is not clear to our Los Angeles marijuana business attorneys is what type of federal investigation is occurring such that would require records pertaining to legal cannabis operations. Overall, the current administration has taken a hands-off approach with respect to state-legal marijuana laws, even after they had rescinded the Obama administration memorandum directing federal prosecutors to generally avoid meddling in state-legal marijuana markets. The president has said he supports the right of state governments to set their own cannabis laws, regardless of federal-level prohibition. Continue reading

In the four years since marijuana has hit the legal market in California, the legal parameters of the industry have transformed at sometimes breakneck speed. The industry is, in a sense, always looking ahead. But because the laws and regulations have changed so quickly, it’s imperative to consult with your Los Angeles marijuana business attorney to periodically look back at older agreements and contracts – ensuring you aren’t overlooking any previous obligations or restrictions. Los Angeles marijuana business attorney

This point was underscored recently in the California Appellate Court decision in Metsch v. Heinowitz. In this case, the appellate court refused to enforce a contract to produce and distribute marijuana edibles. The contract had been drafted in 2014 – at a time when cannabis wasn’t legal for recreational use in California. This factored significantly in the court’s ability to enforce it. Continue reading

Significant reforms in the Los Angeles cannabis business licensing process may be on the horizon, as city council recently approved changes. Tweaks include tightening rules pertaining to the social equity program, implementing a lottery system for newer licenses and imposing new rules for dispensaries operating in neighborhoods that have already reached their limit.marijuana business lawyer

The initial approval of these significant changes to Los Angeles’ marijuana business licensing and social equity program marks the end of months-long delays that halted permitting and had resulted in significant frustration among stakeholders.

The changes aren’t final until council approves them one more time and the mayor signs off, but it’s a significant step. A separate motion was adopted to allow 100 of those who won social equity licenses in the lottery last year to be placed on an immediate track for approval.

The vote, however, doesn’t completely make it up to those affected by the extensive delays. Many note they’ve been paying hefty rents on marijuana business properties they have yet to be able to open. Continue reading

Contact Information