Articles Posted in California marijuana business lawyers

Federal law on marijuana prohibition has created an intolerable legal mess. (Tell us something we don’t know.) What’s notable is this sentiment was expressed by the U.S. Attorney General William Barr, who indicated he preferred the system laid out in a bipartisan House bill that would reform the law, allowing – finally – greater harmony between state and federal marijuana laws.Los Angeles cannabis lawyer

Barr’s remarks have cannabis business attorneys and others abuzz about whether this could be the true turning point that allows us to finally align federal and state marijuana laws. (It’s also worth noting they are in stark contrast to those of former U.S. Attorney Jeffrey Sessions, who was staunchly opposed to legal cannabis in any form or federal cooperation to facilitate it.

Speaking to the Senate Appropriations Committee, Barr said his preference is a legislative fix to the clash in statutes, one that ideally offers express rights to states to decide their own marijuana laws. At this point, all 33 states with legal medicinal marijuana and 10 with recreational marijuana in violation of federal statutes – namely the U.S. Controlled Substances Act. The classification of cannabis under that provision simply defies logic, but it’s not less a possible risk. Los Angeles cannabis dispensaries, delivery drivers, cultivators, manufacturers and labs ALL should have a cannabis attorney on retainer to help ensure compliance with state laws and minimize the risk of federal ire on issues ranging from taxes to trade. Continue reading

Santa Cruz is a community that is known for its laid-back lifestyle – the redwoods, the shoreline and red wine vineyards. Just don’t mess with their pot shops. Los Angeles marijuana attorneys have learned the city is suing the state in an effort to fend of out-of-towners from nearby San Francisco and Oakland from cannabis from swiping customers from their home-grown cannabis companies.Los Angeles marijuana delivery driver

The city’s chair of the board of supervisors argues that local businesses are being undercut by these services because the playing field isn’t level, and further the city has no say in regulating the interlopers.

Santa Cruz Says State Backing Out on Its End of the Bargain

Recently, the state altered its regulations to permit state-licensed marijuana delivery companies to sell their product wherever consumers are. Santa Cruz isn’t the only city taking issue with this – 25 in all are suing the state, asserting this new stance is a work-around the provision of Proposition 64 (which legalized marijuana for recreational sales and use) that assured local governments would have authority to put a stop to brick-and-mortar sales. Continue reading

Despite the fact that cannabis legalized in California, interstate sales are almost sure to land you in handcuffs. Federal law prohibits any form of cultivation or retail sales. Officials with the U.S. Department of Justice have largely agreed to look the other way since The Cole Memo, so long as the cannabis commerce in question strictly adheres to state law. The memo says nothing about interstate sales and distribution, which some states expressly prohibit. Nonetheless, our Los Angeles marijuana business lawyers understand Oregon lawmakers appear to be hedging their bets in anticipation of federal marijuana legalization. Los Angeles marijuana business attorney

State senators are crafting a bill that would permit cannabis exports to other states in the U.S. as of 2021.

Oregon’s Legal Cannabis Market Strain Fuels Push for Trade Beyond State Borders

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California officials have announced they are bringing in the National Guard to “wage war” on individuals and businesses that are illegally farming, manufacturing and selling marijuana in the state. Citing research that shows the black market’s detrimental effects to the environment, public safety and lawful sales, Gov. Gavin Newsome said a crackdown is imminent.Los Angeles marijuana business lawyer

Los Angeles marijuana business lawyers have been warning of numerous raids and local law enforcement efforts to eradicate unlicensed pot shops and unauthorized farms right here in this city.

By some estimates, California is the origin of some 60 percent of the nation’s illicit marijuana supply.

U.S. lawmakers in a House committee approved a bill that would grant federal protection for banking and financial institutions serving marijuana dispensaries and ancillary businesses. Los Angeles cannabis business lawyers recognize this paves the way for wider discussion in Congress. For California marijuana businesses, this could be a major step toward physical and financial security. Los Angeles cannabis banking lawyer

Why Cash Sales Are Problematic for California Cannabis Companies

Conducting all-cash transactions poses potential risks by making companies a target of robberies, forcing investment in extensive security for on-site sales and delivery personnel. There is also greater risk of accounting errors and audits – a very uncomfortable place for any cannabis owner considering the IRS is a federal agency and, despite California’s approval of the operations, the drug remains illegal under federal law.

The U.S. House Financial Services Committee approved the measure 45-15, just after amending it slightly to extend further protection to insurance companies and also to allow easier access for women and minorities seeking to stake a claim in the industry. Continue reading

Native American tribes allege California’s cannabis market since Proposition 64 effectively excluded them by making no provision to allow sales of the plant grown on reservations. California cannabis attorney

Reservations are considered legally-protected sovereign nations with little if any oversight by state or federal authorities, and thus marijuana cultivation and sales has never been regulated by outside entities. That has not changed. However, as a California Bureau of Cannabis Control spokesman explained, while tribes are free to do as they wish with cannabis while on the reservation itself, they cannot enter the legal cannabis market without proper state permitting and licensing.

As Los Angeles marijuana lawyers can explain, that would mean reservation-based cannabis farmers wanting to secure a place in the legal market would, like all others, be held to state and local regulations. Tribes vying for an in to the lucrative California cannabis market because they can’t sell their product beyond tribal land unless it’s to other tribes.

Current Cannabis Operations on Tribal Land in California

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The growing number of athletes who are also budding cannabis fans are legion. Yet at least at the federal level, the drug continues to retain its Schedule I label, putting it in the same category with drugs like LSD and methamphetamine. As of this writing, 33 states allow marijuana use for medicinal purposes. California is one of 10 allowing it for recreational use.athlete cannabis lawyer Los Angeles

Los Angeles athlete marijuana lawyers are aware now of a growing number of companies promoting cannabis as a means for recovery after a significant athletic feat. Whether it’s running a marathon or testing one’s endurance in a yoga session, cannabis has potential power to help the body heal from the strain such exertion can cause. A few sporting goods and activewear companies are teaming up with cannabis innovators to promote the use of cannabis in recovery.

In one case, as Los Angeles Magazine reports, one pop-up pot provider in Culver City incorporates the use of medicinal-grade marijuana with other rest and recovery techniques like yoga, hot stone massages and meditation. The anti-inflammatory effects of cannabis and CBD oil are touted as a means of easing pain and helping athletes get the rest they need to make a full recovery. Continue reading

We reported recently in our Los Angeles Cannabis Attorney Blog that a report from marijuana analytics team Vessel Logistics, showing that even if California cannabis farmers were to slash their production of the plant by 50 percent, we would still end up with a significant surplus of marijuana. This could have significant implications, potentially spurring cannabis companies at every leg of the supply chain to fold. cannabis farmer attorney

Pot Shops Bogged Down by Regulation, Cheap Black Market Competitors

Part of how we got into this mess was California’s historical reliance on black-market sales, including those out-of-state. Federal law prohibits transport of marijuana across state lines, considering it a serious felony drug trafficking offense. Prior to legalization (even after by companies that hadn’t yet obtained a permanent permit) businesses reportedly offloaded excess marijuana product (including that which failed to meet the strict lab testing guidelines issued/overseen by the California Bureau of Cannabis Control) to those willing to pay a little less for it on the black market. A lot of that product then went east, to states where the drug wasn’t easily found or where the only market for it is illicit. Continue reading

So much weed is being grown in California, it could create a bubble that will soon leave us set up for bust. There are too many marijuana farms, too much product and not enough demand. It has the potential, according to Vessel Logistics, to result in an an industry collapse. This is obviously something to which marijuana businesses and our Los Angeles marijuana business lawyers are paying close attention. cannabis lawyer L.A.

The research firm/marijuana distribution company, crunched the numbers to learn nearly 1,150 acres of cannabis farms have a permit by the state. Those farms can generate an estimated 9 million pounds of the crop annually, yet the wholesale marked for the drug in the state – just realistically at this point – is about 2.2 million pounds. That means even if cannabis farms cut their production by half – we would STILL have an overstock.

In a typical trade situation, we’d look to offload that excess to markets in other states selling less. But we’re forbidden to do that by federal and state law. The drug remains a Schedule I narcotic, which our Los Angeles marijuana lawyers know that neither farmers nor distributors can ship this product across state or international lines without breaking serious felony drug trafficking laws – even when those states allow the drug to be used and sold legally.

Using marijuana is legal in California, but apparently, if you’re up for top-level security clearance with the U.S. government, you may want to think twice. employment attorney

The Orange County Register reports The Pentagon is reviewing the federal security clearance of California tech billionaire Elon Musk following an on-air marijuana toke on a comedian’s podcast last fall. Musk reportedly refiled the SF-86 security form required of federal contractors and/or employees who seek security clearance. The form requires filers to answer truthfully whether they have used any illegal drugs at any point in the previous seven years. Musk reportedly had a higher-level secret clearance, thanks to his position spearheading a company (Space Exploration Technologies Corp. – SpaceX for short) that is permitted launch of military spy satellites.

The company’s day-to-day operations aren’t overseen by Musk, and the company won several national security space launch contracts in the wake of the podcast, but the Register reports it’s only with the refiling that Musk may have some issues.

Employers, Contractors Allowed to Set Ground Rules for Off-the-Clock Cannabis Use Continue reading