Articles Posted in California marijuana legalization

The American people have known for years that times are changing when it comes to marijuana. Now, it seems somecannabis business politicians at the federal level are starting to wise up and take this issue seriously as well. Senate Minority Leader Chuck Schumer (D-New York) is introducing a bill to remove marijuana from the list of Schedule I narcotics as part of Controlled Substances Act, 21 U.S.C. Section 812. He said he also wants to leverage this issue as a way to bolster women and minority cannabis business owners.

Politicians have been slow to take a stance in favor of cannabis, even though most of us know it can be a life-changing, medically useful drug. Some have supported passive measures here and there trying to give states some freedom without themselves taking a stand. For example, the Rohrenbacher-Blumenauer Amendment, which has to be renewed annually by Congress into the spending bill, prevents the Department of Justice from using federal funds to seek action against medical marijuana activity that has been legalized in that state. Some have tried to inaccurately portray cannabis as a partisan liberal issue, but even democrats have been shy to give full support. However, as The Washington Post reported, Sen. Schumer has acknowledged that the American people have evolved on this issue and it’s time for a big change. Continue reading

Marijuana businesses have become a major competitor to beer and willmarijuana business lawyers continue to disrupt that industry for the foreseeable future.

An investment firm industry analyst, who specializes in beverages, tobacco, and adult-use marijuana, recently shared data with CNBC, and she established a clear correlation between increased use of marijuana and decreased use of alcohol. She said in states where recreational marijuana use is legal, binge drinking rates have dropped “significantly.” She identified both as “social lubricants.” In other words, both are used by adults in social situations to help unwind, de-stress, have a good time, and feel relaxed with new people or in new environments. 

In terms of stocks, the numbers are clear, as well. Her firm primarily valuates the Canadian market, with Canada on track to legalize adult-use marijuana nationwide by the end of summer. Several Canadian medical marijuana companies are seeing shares grow by up to 240 percent in the past year in anticipation. She said estimates from her firm put the U.S. cannabis industry as being worth $75 billion by 2030, assuming marijuana is removed as a Schedule I narcotic from the Controlled Substances Act, 21 U.S.C. Section 812. Continue reading

Both medical and recreational marijuana are now legal in California. And yet for about 40 percent of the state, itrecreational marijuana would be difficult to tell. Thanks to some data analysis compiled by The Sacramento Bee, we can clearly see how local regulations have shaped the pot landscape in the state as a whole and how it is affecting people who live in more remote areas of California.

The report defined some regions of California as being “pot deserts” – areas where residents have to travel 60 miles or more to access legal marijuana at a licensed dispensary. An additional 29 percent have to drive 30 to 60 miles to the closest location. This disparity in cannabis access stems from the clause in Proposition 64 that allows local governments to establish their own set of recreational marijuana regulations or to ban sales altogether. While a majority of residents in the state clearly favor adult-use marijuana based on the 2016 vote, there is seemingly a desire among many districts to leave the actual growing, producing, and selling of the drug to other cities … cities far away from their own. Continue reading

As a country, many support troops with parades and national days of honor. Yetmedical marijuana when those same veterans seek help ease the mental and physical pain they endure as a result of fighting for our freedoms, their pleas often fall on deaf ears. That’s why many veterans find themselves standing up and fighting once again, this time in a battle for their own lives in the ongoing war over medical marijuana.

A group of veterans in Louisiana has been on the front lines pushing for legalization of medical cannabis in the state. According to the Leesville Daily Leader, they want to help veterans who suffer from post-traumatic stress disorder as well as chronic pain that developed as a result of their service time. Even though these veterans know medical marijuana to be a safe and effective form of treatment for these issues, using it would make them a criminal in the country they risked their life to defend due to the Controlled Substances Act, 21 U.S.C. Section 812, which classifies marijuana as a Schedule I narcotic with no medical benefits. The group hopes to at least change the law in Louisiana so the state can join 29 others in legalizing marijuana. Furthermore, they also recognize that legalization would be beneficial to all residents, so they are putting their efforts behind cannabis education.  Continue reading

Los Angeles, Oakland, San Diego and San Francisco have been praised for being at the forefront of decriminalization and legalization of marijuana in California.marijuana business

On the flip side, we have San Bernardino. The city recently passed a regulation (Ordinance No. 1464 Section 5.10) that prevents any cannabis business that has “conducted commercial cannabis activity in the City of San Bernardino in violation of local and state law” from obtaining one of the 17 licenses available in the city.

One savvy business owner isn’t taking this move lying down, though. She is suing the city after officials in December raided and shut down a facility she owned and leased out to cannabis growers. They confiscated 35,000 marijuana plants, according to a report from High Times. And though the owner of the facility was never charged, she still falls under the current restrictions and is not qualified for one of the licenses, currently being given to other establishments who have the same intention as her: to run a facility for growing marijuana. Continue reading

Public support for pot is on the rise. More states are looking to legalize marijuana or expand accessibility. In fact, cannabis is one of the few issues thatmarijuana legalization politicians on both sides of the aisle can agree on these days, particularly medical marijuana. It’s a time when cannabis is poised to go mainstream and become an accepted medical resource, cultural norm, and economic powerhouse. Yet, since the current administration entered Washington, D.C. and Jeff Sessions was asked to helm the Justice Department, the industry has faced uncertainty and instability.

That’s why states that strongly support marijuana legalization, including California, have requested a meeting with Sessions with the goal reconcile the stark contrast between state law and federal law, according to the Associated Press. The state treasurer from California was joined by Pennsylvania, Oregon, and Illinois in crafting a letter to open dialogue with Sessions about what banks and marijuana businesses can expect from the federal government in terms of enforcement moving forward. As our skilled lawyers can explain, the federal government is holding firm to marijuana’s Schedule I classification as part of the Controlled Substances Act, 21 U.S.C. Section 812. To receive this classification, a substance must not demonstrate medical benefits, be considered unsafe, and have a high potential for abuse. To make these claims about cannabis is absurd, and frankly, Sessions is standing on the wrong side of history on this one.

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If you are a marijuana cultivator in California, you might be reluctant to buy insurance on your business. But our experienced cannabis business cannabis businessattorneys know there are many good reasons to invest in insurance.

A recent article from Santa Barbara Independent reveals a big payout one cannabis farmer in Carpinteria received due to losses caused by the Thomas Fire in December, the largest wildfire in the state in recent history. The farm got more than $1 million dollars from their insurance company after thousands of marijuana plants on property were destroyed. This equated to about market value for the plants. While the farm’s crops did not burn in the fire, white ash blew into the greenhouses and tainted the plants. The plants tested positive for lead, arsenic, asbestos, and magnesium. This type of damage was covered under the policy’s clause covering changes in atmospheric conditions.

Meanwhile, most of the other cannabis farms in Northern California were not so fortunate. Many opted out of insurance policies to keep costs low. This money-saving tactic is typical among farmers of all kinds, who often skip this expense to keep profit margins higher. But this is a big gamble, particularly in an area so prone to fires. Continue reading

In the midst of tax season, the paradox of tax-paying marijuana business owners being treated like criminals takes center stage. The San Francisco marijuana businessChronicle recently described the scene as marijuana retailers brought bags of cash to tax administration offices. Some retailers reported bringing in up to $80,000 at a time.

But what other choice did they have? California has opened the door for legal recreational sales with the implementation of Proposition 64 this year, which is bringing a new wave of money-making opportunities for cannabis entrepreneurs. And where there is money-making, there are also taxes. These businesses want to pay their taxes, but without the option of processing transactions and savings in a bank like a normal business, cannabis companies end up paying taxes with cash out of bags.

As our marijuana attorneys can explain, at the heart of this issue is Controlled Substances Act, 21 U.S.C. Section 812. According to the federal government, marijuana is classified as a Schedule I narcotic under this act. A Schedule I classification means that a drug “has high potential for abuse” and has no accepted medical use in the United States. And even under medical supervision, it would not be considered safe to consume. Obviously, nothing could be further from the truth when it comes to marijuana. For more than 20 years, cannabis has been offering relief to patients in California for everything from cancer to arthritis to anxiety thanks to the Compassionate use Act of 1996. Continue reading

There’s no finer example of the ongoing struggle between politicians and the people over the issue of marijuana legalization than the current events marijuana legalizationtaking place in Nebraska. Despite efforts on two different fronts to get medical marijuana on the 2018 ballot, all efforts have been halted, at least for the time being.

A recent survey of Nebraska residents showed that 77 percent of respondents would vote yes on a ballot initiative to legalize medical marijuana in the state, according to an Omaha World-Herald report. The survey was conducted as part of research one state senator was conducting to support a resolution to make way for voters to decide on medical marijuana legalization. The resolution was dropped, though, when the senator determined she did not have enough support from her fellow legislators, despite the overwhelming support from voters.

Meanwhile the Marijuana Policy Project (which offered support for Proposition 64 when it was on the ballot in California) has been trying to organize a petition drive to get an initiative on the ballot as well. However, the group determined there was not enough time to rally for 2018 and are instead focusing their efforts on a big 2020 push. Continue reading

Marijuana legalization has been a decades-long battle that is finally paying off, with states all over the country legalizing medical and/or recreational marijuana legalizationcannabis. But in addition to fighting for your rights on the legal front, our experienced lawyers know there is another fight that must be won: the battle of public perception.

Nowhere is that struggle better illustrated than in Texas, where a college baseball coach blew off an athlete interested in attending the school over the issue of marijuana. You might be wondering what the connection is. Did the student fail a drug test? Did he have a criminal record involving marijuana? Had he been penalized by his high school for coming to school under the influence?

All of these would be excellent guesses. But the answer to all three is “no.” According to an email to the athlete, which has since gone viral, it appears the coach deemed the student guilty by association of the entire state of Colorado, according to a report from The Washington Post.

The email claimed the school was not considering students from Colorado because in the past, recruits from the state had difficulty passing the drug test. “We have made a decision not to take a chance on student-athletes from your state. You can thank your liberal politicians,” the message went on to say.

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