Articles Posted in California Marijuana

Even in states where medical marijuana is legal under the relevant state law, it is still illegal under federal law.  This conflict of law manifests in many ways, most recently in a directive in Hawaii, where medical marijuana users in Honolulu are being asked to voluntarily surrender any firearms they may own. Officials have given them 30 days to comply with this voluntary directive.  While this may sound strange, according to a recent article from Task & Purposes, that is what the police are doing now that the state’s first medical marijuana dispensary opened a few months prior to this new plan.

marijuana defenseAccording to the local police department, a state statute essentially says that a fugitive shall not own a firearm, and neither can any person who is prohibited from owing or possessing a firearm under a relevant federal statute. The felon in possession portion of the statute is present is in the criminal code of most if not every state’s criminal code, so this is not a new argument, but those using medical marijuana are not convicted felons for the reason of using medical cannabis.  They may be convicted felons for other reasons, and if that is the case, there is no question they are not allowed to own or possess a firearm.

As our Orange County medical cannabis attorneys can explain, the second part of the statute is where it gets a bit murkier. Continue reading

Medical marijuana has been legal in California since 1996 as our state was the first to legalize.  Since that time, more than half of the states and the District of Columbia have legalized either medical marijuana, recreational marijuana use, or both. California, while not leading the legal recreational use movement, has recently legalized it for anyone over the age of 21 as of 2018.

cannabis defense attorneysAccording to a recent news article from the Washington Post, medical marijuana has finally arrived in dispensaries throughout the state of Maryland, and more are opening each month.  This is not to say marijuana has just been legalized for medical use in the state, but it is finally in dispensaries. The law was passed years ago, but there were so many delays and legal battles, many patients desperately in need of medical cannabis were wondering if this day would ever come.  Continue reading

When the voters of California passed Proposition 64, it allowed for the legal use, sale and distribution of marijuana for anyone 21 years of age and over.  The Proposition also allowed the state to tax  the sale of marijuana and to enact regulations over the cultivation and sale of cannabis. There was much debate over whether the many separate agencies already in existence would each do their part in regulating the growing, sale and distribution, or if there would be a new agency created.

cannabis business lawyersThere was a new agency created for medical marijuana which was then transitioned into the Bureau of Cannabis Control to regulate the cultivation, manufacturing, distribution, and retail sales of cannabis as well as provide for laboratory testing. Continue reading

From grow operations to dispensaries to high end paraphernalia that works with smartphones, there is seemingly no end to the growth potential of the cannabis industry.  According to a recent news article by USA Today, a wealthy cannabis company has just purchased a remote California town to create what they are calling a “marijuana mecca” as part of the growing pot tourism industry.

cannabis business lawyersThe company purchased the real estate in this small town and has been working to renovate the businesses already in existence and also to add new landscaping and hardscaping features. They are currently constructing a pond and digging up the streets for underground utilities.  As more workers and interested residents come to the town the population is growing and there are already more than 25 people living in what was essentially a ghost town.  There is not marijuana for sale in the town yet as they have to way to til 2018, but they are working on residences, lodging, cafes, and many other business that will hopefully generate a lot of revenue as people flock to the resort.

The ultimate goal is to create a safe, self-sustaining place for people to smoke openly in outdoor lounges, restaurants, microbreweries, a medical academy and a wellness spa.

Continue reading

While medical marijuana is legal in Los Angeles pursuant to state law, and the use and sale of recreational marijuana is going to be legalized in 2018, it is still illegal as it a Schedule One controlled substance on the U.S. Controlled Substances Act of 1970 (USCSA).  This means that a marijuana industry business owner cannot have a bank account for his or her business.  This results in business owners having little choice but to store large amounts of cash on hand at all times and that makes them targets for robbery. This is addition to the large amounts of marijuana on hand that is also a target for robbery.

medical marijuana lawyers LAAccording to a recent news article from NBC 4 News, a dispensary in North Hollywood was robbed in what police have described as a takeover robbery.  The alleged offense involved four suspects, two male and two females who rushed into the Los Angeles medical marijuana dispensary with various firearms and took large amounts of cash and marijuana. During the robbery, the suspects attempted to destroy the security cameras, but it appears that some footage was captured prior to that.  A worker at the dispensary allegedly recognized one of the suspects as a regular patient at the dispensary.  When the police were called, they stopped a vehicle matching the description of the suspect’s vehicle, but it was not the correct car. Continue reading

The Orange County government controls the unincorporated areas of the county.  According to a recent news article from the Los Angeles Times, Orange County officials are taking steps to ban the sale of marijuana and the distribution of marijuana within its jurisdictional limits.

marijuana attorneyA new ordinance was preliminarily approved by the Orange County Board of Supervisors with all but one supervisor voting in opposition to the proposed measure.  Supervisor Shaw Nelson argued that this proposed ordinance is contrary to the desires of the voters of California who voted to legalize the sale of recreational marijuana in our state. Continue reading

While we are now the verge of having a legalized recreational marijuana industry in California, many in Los Angles fear they won’t be able to join this growing and prosperous industry due to having a conviction involving marijuana on their record. As discussed in a recent article from Civilized, marijuana laws disproportionately affect those in minority communities, and some city lawmakers in Los Angeles are hoping to reverse these negative effects.

cannabis defense lawyersThe theory behind this program is that since marijuana laws have been proven to have had disproportionate effects on African Americans and the Hispanic community, and those who suffered should not also be excluded from being able to legally make money in the medical cannabis and recreational marijuana industries. Continue reading

There has been a growing acceptance of medical marijuana use across the nation, and it has reached the point where at-least 29 states and other federal jurisdictions have legalized medical marijuana.  Some states have legalized marijuana for recreational use as well including California. In some states, the legalization of medical marijuana came from the state legislature, and in other states, it was done through direct voter initiatives and propositions put on the ballot. This can be done by getting enough signatures from voters, and the initiate will be placed up for a vote at the next election.

marijuana business lawyerOne of the major issues is that marijuana is still listed as a Schedule One Controlled Substance on the U.S. Controlled Substances Act of 1970 (USCSA).  A Schedule One controlled substance, under federal drug laws, is one that has a high potential for abuse, is dangerous to users and the general public, and there are no accepted medical uses.  This was done for political reasons and while there is no sense in saying that marijuana is more dangerous or potentially addictive than Oxycontin, congress has been unwilling to remove or reschedule marijuana, and it is unclear whether that will happen in the near or even distant future. Continue reading

The clear majority of the residents of Los Angeles, Orange County and other parts of California support the use of medical marijuana. As we learned during the last major election, most voters in our state also now support the sale of marijuana for recreational use too.  The next question that may be needed to be answered by voters is whether marijuana and other cannabis products are legal to give to pets such as cats and dogs for therapeutic use.

Orange County cannabis lawyersAs discussed in a recent news article from City Watch, with a majority of states allowing the use of medical marijuana, there is little question the use of marijuana is supported by many across the nation, many in the animal care industry, including veterinarians believe that medical marijuana may be a valid treatment for pets who suffer from serious and debilitating illnesses. There are of course, any other’s who do not support the use of medical marijuana for pets and use the phrase, “Pot isn’t for pets.” Continue reading

Federal law prohibits transporting marijuana across state lines so that means all cannabis must be cultivated in the state of California, and all distribution and sales must also take place within the state. According to a recent news article from the CBS Evening News, the wildfires that are ravishing the state are also destroying a great deal of medical marijuana and recreational marijuana crops.

Cannabis farmer attorneysThese fires are hitting California’s wine country region, which is also the ideal location to cultivate marijuana.  In the years prior to marijuana cultivation to being legal, there were many illicit grow operations, but these days, most of the grow operations are licensed and properly registered. Continue reading