Articles Posted in California marijuana business lawyers

The State of Nevada is facing a series of cannabis lawsuits alleging the process for awarding pot licenses is shrouded in secrecy. The litigation doesn’t allege that public officials are getting any sort of kickbacks from the firms awarded licenses, but say the state should nonetheless be more transparent about its processes. Los Angeles marijuana business lawyer

Since recreational cannabis became legal in Nevada two years ago, our Los Angeles marijuana attorneys understand the state has released only trickles of information about the state criteria for the new market. TIME Magazine in a recent report flat-out stated, “No one knows for sure” how state officials are awarding new licenses, only that they are being awarded because dispensaries are opening without complaint from the state.

Several plaintiffs are seeking to learn more about how the state chose the companies it did in awarding 61 licenses out of 462 vendors to sell recreational marijuana to adults. Continue reading

In a first-of-its-kind cannabis lawsuit, the City of Los Angeles is suing an unlicensed marijuana dispensary for selling products to the public that contained dangerous pesticides. The city attorney warned the civil litigation against the South Los Angeles owner would not be the last, as his office joins the fight to crackdown on booming black market bud.unlicensed dispensary defense

Legitimate cannabis companies say they’re being crippled, some already driven out, by the presence of unlicensed operations. Los Angeles marijuana business lawyers know these firms have an unfair market advantage over those abiding the law because they are burdened by the intense regulatory oversight developed by the California Cannabis Control Bureau.

It’s a process that involves rigorous (and expensive) pesticide testing. Cannabis dispensaries not weighed down by these requirements – among others – effectively carving out an unfair financial advantage over licensed dispensaries. Customers may opt to purchase the drug legally, especially for concentrates and edibles, which are bound by stringent labeling and packaging requirements. On the other hand, they can get it for a whole lot cheaper from an unlicensed dealer.

L.A. Warns: Patronize Illegal Pot Shops at Your Own Risk

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Stores throughout Southern California, in Los Angeles, Riverside, Orange County and beyond, are ramping up advertising to promote sales of CBD oil, but questions of legality persist: Who can sell it and how and whether it can be sold at all. CBD oil Riverside attorney

People across the country mistakenly presumed that the 2018 Farm Bill effectively opened the doors to all CBD sales. In fact, that is not the case, and small businesses are learning this the hard way when their shops are raided and product confiscated. Some are even facing criminal charges.

Hemp-derived CBD is now legal under federal law, but not for all purposes. Further, state law has yet to catch up, and police/prosecutors have yet to neatly map their approach with yet another federal-state legal conflict on marijuana law.

As CBD popularity has booming, businesses will want to check in with an attorney experienced in marijuana and CBD law in California to ensure they aren’t properly producing, selling or advertising CBD in a way that could jeopardize their livelihood and even their freedom. Continue reading

The California cannabis industry isn’t immune to cutthroat capitalism. Virtually every industry that has taken off at meteoric speed has its tales of business partner betrayals. Usually one partner somehow casts the other aside and goes on to make an obscene amount of riches.cannabis business law firm

In the budding cannabis industry, such stories are beginning to crop up, with matters more complicated thanks to the patchwork of of state and local laws that continue to skirt around the fact the drug is still illegal federally. This underscores the need for everyone entering a Los Angeles marijuana business partnerships to discuss business plans, structure, employee contracts, taxes and more with a dedicated California marijuana business lawyer.

One case out of Maryland reported by The Baltimore Sun illustrates the point. After medical marijuana was legalized by state voters in 2014, a physician eager to launch a cannabis company flew to a business conference in Colorado, where he met another doctor and entrepreneur from Minnesota who shared the same goals for opportunity in his home state. The Minnesota doctor founded one of just two companies approved to produce and sell medical marijuana there in 2005. Two months later, the Maryland doctor founded his own company, making the Minnesota doctor’s firm a majority partner. The company won preapproval to cultivate and process the drug in Maryland – and later the Minnesota doctor’s firm forced the founder of the Maryland company out. Continue reading

Last month marked the start of the typical marijuana grow season, which runs March through November, which meant individuals and large cannabis firms in California were on the hunt for high-quality seeds for purchase on the legal market. Cannabis seeds are at the core of the California marijuana industry, and the internet can connect farmers from San Diego to San Francisco and beyond to the growing demand. Los Angeles cannabis lawyer

But are sales of cannabis seeds legal? Some growers serve both the grey and legal market marijuana seeds.

As the legal cannabis market has expanded, selling cannabis seeds has become more commonplace, especially as consumers’ tastes become more refined. Still not all cannabis seed sales are lawful.

Genetic Seed Variations Can Be Protected Intellectual Property

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Marijuana is the latest economic boom, with revenues spiking, with companies at every stage of the supply chain eager to cash in on the cannabis cash flow. The drug is now legal for recreational use in 23 states plus the District of Columbia and 23 states now allow medicinal marijuana. Los Angeles marijuana lawyers have heard some experts estimate the industry could balloon to $80 billion over the next decade.

Los Angeles marijuana supply chain lawyerThe interest of companies adjacent to the cannabis industry especially is expected to soar – everything from packaging and advertising to purveyors of point-of-sale technology that allows marijuana producers to keep accurate track of their products from seed-to-sale.

Supply chain companies are increasingly willing to form ties with the cannabis industry, which just 10 years ago was illegal in most states. The fact that it’s still illegal under the U.S. Controlled Substances Act means there is still some risk for those associated. That’s why it’s best to check in with an experienced Los Angeles cannabis business lawyer before signing any contracts to ensure your operations meet California cannabis regulatory compliance rules, thereby reducing your risk of both state and federal scrutiny. Continue reading

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.