Articles Posted in California marijuana business lawyers

When California voters approved Proposition 64, it included a provision that give wide discretion to individual communities regarding how much of a berth they wanted to give cannabis companies and customers. In San Bernardino County, Fontana marijuana lawyers soon understood that in this community, authorities were eager to take a hard line stance – particularly on home grow operations. Fontana marijuana lawyer blog

Now, Fontana’s de facto ban on home cannabis grow operations has been nixed in a San Bernardino Superior Court ruling, finding the city’s rule’s to be “excessive,” paving the way for individuals to grow and possess amounts of the drug that are more in line with state provisions, which are far more lax.

This is likely to prompt other municipalities to look carefully at their own policies if they are tighter than provisions of state law.  Continue reading

For as long as the people of California have sought marijuana, the black market has existed. Even when the state legalized medicinal use in 1996 and then paved the way for lawful recreational use with a ballot measure last year, Los Angeles marijuana lawyers know the reality is illicit pot shops and sales have always outpaced the legal market. The hope was we’d see a shift, a significant tapering off of demand for illegal marijuana now that with recreational pot now available. But as of right now, they have retained a larger hold than facilities operating according to the stringent regulatory guidelines set forth by state and local officials.Los Angeles marijuana lawyers

Los Angeles marijuana lawyers had seen many long-time operators on the California cannabis scene try to work their way into the newly-forged legal market to finally be legitimate, only to end up continuing to work the riskier – bit more lucrative – illicit market. This includes unlawful medical marijuana collectives, cannabis delivery services and cultivation farms that haven’t been properly vetted according to stringent state law.

Some of these individuals are focused on pursuing “OT” money, generated from “out-of-towners.” Of course, such sales are especially risky because, as our Los Angeles marijuana lawyers know, rules can vary from city to city and certainly from state-to-state and country-to country. Black market sales are playing with fire given the uncertainty of how federal authorities are going to handle future sales. Despite the Jan. 1st legalization of recreational use and sales in the Golden State, cannabis is considered an illegal crop from the top-down under the Controlled Substances Act, and as a Schedule I narcotic, it’s one of the most most heavily regulated – despite being one of the most commonly-cultivated and sold. And it’s going to be extremely difficult to move away from that given its history with illicit sales and use.  Continue reading

While the California marijuana market has scored some major wins in recent years, most notably with recreational legalization in 2016, there have been a number of significant growing pains along the way. A couple of the more significant issues our Los Angeles marijuana business attorneys see facing clients is problems with legal permitting for pot shops in L.A. and litigation over intellectual property, such as trademarks and propriety business information. marijuana business license

Poised to be the largest marijuana market in the world, the way in which Los Angeles tackles these issues is likely to be closely watched and highly influential (for better or worse). But, unfortunately, many hundreds of marijuana entrepreneurs have been left cooling their heels as the city works through the regulatory rollout of its commercial cannabis oversight.

Marijuana Business Licensing Headaches

Unfortunately, there is no guarantee that’s going to pay off because the significant snag is licensing. City officials gave the green light to nearly 170 marijuana retailers. Meanwhile, among farmers, producers/ edibles manufacturers, distributors, quality control test labs and others, the number of combined permits the city has issued is: Zero. Zip. None.  Continue reading

First came the movie vending machines. Then there were the cupcake machines. Now, increasingly cropping up in California since the legalization of recreational marijuana are the cannabis vending machines. (Actually, it might not be a bad idea to line up all three side-by-side…) In truth, these self-service machines may be quite convenient, but vendors need to make sure their equipment, products and processes are all thoroughly vetted by a Los Angeles marijuana business lawyer. marijuana business lawyer

Such high-tech marijuana options are proliferating. Given that federal law has not kept pace with many states in this regard, it is imperative that as advancing technology is applied to pot sales, retailers and other distributors be exceedingly cautious and work closely with a marijuana business lawyer to ensure both state and local ordinances are followed to the letter. Failure to do so can result in hefty fines, seizure of products, closure of a shop and possibly even criminal charges – particularly if marijuana ends up in the hands of minors.

Although the so-called “Cole Memo” issued under the Obama administration’s Justice Department allowed state-approved marijuana operations to avoid federal crackdowns (although this never equated to immunization for cannabis growers and distributors), Trump’s administration has been less forgiving under U.S. Attorney General Jeffrey Sessions. The direction the administration takes from here on marijuana may well depend on the outcome of the upcoming midterm elections.  Continue reading

Los Angeles marijuana defense attorneys need to stress that while marijuana is now legal for recreational cultivation, processing, distribution and use, that doesn’t mean these things are 100 percent lawful. Although it’s true penalties for certain crimes are more lax, offenses more likely to result in fines than prison time, the latter isn’t impossible.Los Angeles marijuana defense lawyers

Last month, authorities announced a 39-county marijuana grow sting, busting 250 unlawful cannabis cultivation sites, resulting in the arrest of more than 50 people and seizure of some 614,000 plants. State and local law enforcement said such action was necessary to halt the (apparently) still booming black market. These sites are arguably a threat to registered, licensed operators, who are required to pay hefty taxes and undergo stringent product testing to ensure safety.

Los Angeles marijuana defense attorneys recognize that legalization of marijuana in California has made the drug far more accessible, and the hope was always that black market sales would halt or at least dwindle. However, there have been an increasing number of grow house busts across the state in recent weeks. Continue reading

The Los Angeles marijuana lawyers at The Cannabis Law Firm have seen the cannabis community in this city and county through the legal travails of the last 20 years – from outright criminalization to quasi-legalization for medicinal use (amid constant fear of government raids) to now recreational legalization recognized by state law. Federal legalization of some form likely isn’t far off. But while Los Angeles is considered the largest and perhaps most important marijuana market in the world (several million consumers, tens of thousands of workers and billions of dollars annually generated just within these borders), navigating its regulatory guidelines is no easy feat.Los Angeles marijuana lawyers

Having an experienced Los Angeles marijuana attorney who understands not just the new law and local regulations but the complexity of this city’s history with the drug is imperative if you want to establish a successful business.

Technically, there are 169 licensed marijuana shops in the city of L.A. In reality, the L.A. City Controller estimates there are probably closer to 1,700 in operation. These operations may fly under the radar, but they’re taking a big risk. If there is one thing we’ve learned in our years of practicing California marijuana law, it’s that nothing is certain. However, your best hope is a cannabis law firm dedicated to helping you navigate the road map to success.

Los Angeles Marijuana Lawyers and the Regulatory Business Maze Continue reading

The statewide legalization of marijuana for adult recreational use as of January 1st thanks to Prop. 64 wasn’t the end of California’s cannabis conversation. Far from it. Long-time California marijuana lawyers, businesses and policymakers are paying close attention to this November election, particularly in several local conservative strongholds set to decide whether to commercial cannabis should be given the green light to set up shop in their communities. Because while the Control, regulate and Tax Adult Use of Marijuana Act of 2016 gave the statewide blessing, it didn’t automatically open the floodgates. Local counties, cities and towns were given the option whether to allow the cannabis industry to operate inside their own borders.Los Angeles marijuana business lawyer

Many leaders saw the passage of Prop. 64 as a major hurdle clearance to legitimizing a promising, lucrative market. While most have let go of the long-debunked reefer madness hysteria of the past, the stigma still remains for some. As marijuana lawyers, we can’t wholly discount all of their concerns, though most have been met with reasonable regulatory response (though some argue certain restrictions go too far). One of the biggest compromises was to allow local control. California marijuana business lawyers and economic experts mostly concur that communities outright refusing cannabis industry access are likely to be at an economic disadvantage, though the extent isn’t yet clear.

Some examples of the dozens of cities set to weigh the future of local cannabis commerce via ballot measures Nov. 6 are rural areas like El Dorado County east of Sacramento and Hemet, a town in the Inland Empire less than an hour south of Riverside. Most areas where the issue is up for vote are expected to pass it by a wide margin, according to The Mercury News in San Jose, but in the more right-leaning regions, predictions are a toss-up.  Continue reading

Situated right between the two biggest cannabis consumer hubs of Los Angeles and San Francisco, the Central Coast of California is poised to become potentially one of the core producers of the plant statewide (or nationally, though interstate sales are barred). This fertile region has long been ripe with vineyards, renowned for producing some of the country’s best wine. Orange County marijuana business lawyers understand that as cannabis cultivators have been cropping up in the spaces between, many farmers are beginning to see it not so much as competition but as a chance to reinvigorate the agricultural traditions that have lagged in recent decades. From Santa Barbara County to Monterey, more marijuana farmers have been licensed in the last year than anywhere else in the nation. Still, this promise is tempered by concerns that explosive unchecked growth could lead to serious problems.California marijuana business attorney

To be sure, the Emerald Triangle region of Northern California (comprised of Trinity, Mendocino and Humboldt Counties) grows the most marijuana by volume, hence the nod to greenery in its new moniker. However, if the pace of cannabis farming keeps up at the current clip, the Central Coast could soon surpass the northern neighbor region. And the region has a unique advantage over the Emerald Coast: No deep roots in the gray or black market.

Our Orange County marijuana business lawyers have been at the forefront of this industry, which has ballooned to an estimated $4 billion-a-year, and climbing. It’s been beneficial to the local tax base and also presents a new wave of opportunity for agricultural entrepreneurs seeking a legally sound yet lucrative opportunity. While the new law hasn’t entirely erased the stigma surrounding marijuana, the Central Coast lacks the cumbersome challenge of working to bring into compliance well-established underground growers transitioning into above-board – but heavily-regulated -operations. The risk of government raids is much lower (though not erased completely), but so are the profits, whittled by expensive new mandates and taxes. Operational, financial and legal concerns also persist as long as the drug remains illegal in the eyes of the federal government. Continue reading

California marijuana lawyers have long known that one of the greatest risks when it comes to managing marijuana money is the potential to be accused of laundering it, given that it’s still illegal under federal law. Even as an increasing number of states have made the drug lawful to varying degrees, many financial institutions remain frigid about such partnerships. Los Angeles marijuana banking lawyer

There are ways to smartly navigate your finances, and the experienced legal team at the Cannabis Law Group in Los Angeles can help you establish the right plan.

Recently in Oklahoma, a top banking regulator informed lawmakers there that banking with marijuana now is more riskier than it’s ever been, despite the fact that marijuana is now legal to some degree in 30 states and available for recreational use in nine of them. The problem remains the federal government’s classification of marijuana as a Schedule I controlled substance – placing it in a category that stipulates extreme danger of addiction and no medicinal purpose.

Oklahoma media reported the banker told state lawmakers establishing marijuana policy that until Congress acts to initiate clear laws that either outright legalize it or empower the states to take on regulation themselves, financial institutions are going to be extremely wary of extending partnerships to those within the new medical marijuana industry there.  Continue reading

Almost 1 in 5 California marijuana products have failed tests for purity and potency by the state’s Bureau of Cannabis Control since the agency began mandating checks at the beginning of July. The Associated Press reported that some cannabis farmers and distributors are blaming the failure rate not on product quality but rather on standards that are unrealistic and aren’t aimed to protect the public. Technical glitches haven’t helped.marijuana lawyer

Cannabis-infused cookies, tinctures and candies have been especially hit hard, with approximately one-third of its product removed from store shelves.

Other problems revealed (albeit on a smaller scale) by state-licensed testing firms are finding too-high levels of solvents, pesticides and bacteria, including salmonella and E. coli.

Within just eight weeks of testing, some 2,000 samples failed out of more than 11,000 Our L.A. marijuana product attorneys understand that in some of those instances, the product had to be destroyed, but a lot of the problems arose from issues with labeling, which are able to be fixed. Just for example, if a label on a container indicates a product has a potency level different than what’s on the label, the product can simply be relabeled and then move to market. Continue reading