California marijuana legalization

January 15, 2018

Despite Statewide Marijuana Legalization, Californians Must Follow Local Laws

With the state of California transitioning to legal recreational cannabis, it is a very exciting time for marijuana restrained-1188171-639x480-300x225 business entrepreneurs.

Many in California have been in the marijuana industry for years on the medical side of things. California was the first state to legalize medical marijuana with the Compassionate Use Act of 1996, also known as Proposition 215.

Still, with the passing of Proposition 64, allowing adult use of recreational marijuana Jan. 1, and its steady rollout in areas of California, many new businesses have been eager to join the marketplace. Sometimes too eager. Continue reading

January 13, 2018

Border Patrol Won’t Recognize Marijuana Legalization

By Cannabis Law Group

While many residents of California have been celebrating recreational marijuana legalization after the Adult Use of Marijuana Act went into effect Jan. 1, 2018, some might be caught off guard if they are stopped even with a small amount of cannabis at Border Patrol checkpoints in the state.

Representatives from the Border Patrol recently told the Associated Press that nothing has changed as far as their job is concerned. They intend to continue to uphold federal law at the eight California checkpoint locations, just as they have since medical marijuana was legalized in the state. The federal Controlled Substances Act, 21 U.S.C. Section 812 still classifies marijuana as a Schedule I narcotic, on par with heroin.

Many states have fought this classification, citing the health benefits the drug provides and the fact that marijuana is not lethal. This has led to a wave of medical and recreational legalization in many states, but U.S. Attorney General Jeff Sessions has been very vocal about his opposition to those efforts.

January 10, 2018

Marijuana Official Tells California Residents What to Expect in 2018

By Cannabis Law Group

The Cannabis Law Group is prepared for the onslaught of challenges that face the residents and cannabis business question-3-1146620-639x830-231x300 owners of California with the implementation of the Adult Use of Marijuana Act at the start of this new year, legalizing recreational marijuana.

Commercial sales were legalized in California as of Jan. 1, but the exact date of implementation varies from region to region based on local laws and ordinances. Some areas have even decided to maintain a ban on recreational use, such as Kern County, while others have not yet decided the fate of their particular city or region yet.

Officials such as Lori Ajax, chief of the Bureau of Cannabis Control, explain that this complicates the rollout process, making it unclear to citizens as to what to expect throughout the state in the months ahead. Continue reading

January 4, 2018

Cannabis Regulations Drafted in Massachusetts

By Cannabis Law Group

Thirty states across the nation have joined the wave of cannabis legalization, either medical or recreational. Orange County Marijuana Regulations Attorney California, the first state to legalize medical marijuana in 1996, has legalized recreational sales and use as of the beginning of the year thanks to the Adult Use of Marijuana Act.

Our legal team at the Cannabis Law Group of Orange County is closely familiar with the regulations necessary to make such legalization possible, and the many variations of permits and guidelines required to operate from city to city, county to county, and of course, state to state, with considerations for the bans that still exist on the federal level.

Now Massachusetts is joining the great state of California on the path to recreational marijuana legalization with a new draft of cannabis regulations being approved by the state’s Cannabis Control Commission. Voters passed Question 4 in 2016, and An Act to Ensure Safe Access to Marijuana was signed into law by the governor of Massachusetts in summer of 2017. Continue reading

January 1, 2018

Employers Revisiting Policies on Marijuana

By Cannabis Law Group

California was the first state to legalize medical marijuana in 1996 through ballot initiative Proposition 251. Since then, the topic of drug policies in workplaces has been an ongoing debate, with many questions as to whether California marijuana lawyers employers could (or should) enforce zero-tolerance drug policies against employees with medical cannabis prescriptions.

These debates culminated in the 2008 California Supreme Court decision stating that Proposition 251, known as the Compassionate Use Act of 1996, did not protect employees who have been tested positive for marijuana in their system, even with a prescription. Some legislators have tried to implement protections for employees since then, but for the most part, employers have final say.

But with the tides turning on perception of cannabis use and Proposition 64 going into effect statewide Jan. 1, 2018, making recreational marijuana legal in California, it is time once again for employers to re-evaluate their stances.

December 30, 2017

Long Beach Moves Forward with Recreational Marijuana Business Plans

By Cannabis Law Group

Thanks to Prop. 64, the state of California is considering applications for licenses for Los Angeles Recreational Marijuana Business Lawyers recreational marijuana businesses beginning Jan. 1, 2018.

Authority rests with local governments to decide whether to allow recreational marijuana sales to go into effect in their area, giving them power to either issue bans or develop policies for businesses to operate.

The Long Beach City Council is the latest to join the movement. The council recently voted to move ahead with developing policies for recreational marijuana businesses to operate in Long Beach. Continue reading

November 22, 2017

Tax Rate Fears Worry Some in Cannabis Industry

By Cannabis Law Group

Medical marijuana has been big business in California for over two decades. However, California was not this first state to legalize marijuana for recreational sales, and regulators here still face a learning curve as we prepare to open the doors on legal, non-medicinal sales. One concern is the tax rate. Specifically, the concern is the method of taxation for legal marijuana may be so high that the black market may offer a better deal, according to a recent news article from the Motley Fool.

cannabis business lawyers Under the new regulatory scheme, growers will have to pay a tax of $9.25 per ounce of buds (flowers) and $2.75 per ounce of leaves. While leaves are not sought after for smoking, they do contain smaller amounts of THC and can be used for Butane Honey Oil (BHO) extraction to make concentrates, for example, so they do have some value to the industry as concentrates are becoming more popular. They can also be used to make things like Cannabis head creams to help patents with arthritis. Continue reading

October 11, 2017

Mainstream Marijuana in California Expected to Be Big Business

By Cannabis Law Group

Retail stores selling recreational marijuana in California are likely to be open by January 1st, according to the Bureau of Cannabis Control in California. Already, the plant and its derivatives are available for recreational sales in five other states, but California is slated to be the biggest market in the country, poised for massive production for its huge population. Some economists speculate it will “dramatically” alter the landscape of the marijuana industry in the U.S. marijuana lawyer

New regulation are going to be issued in November. These regulations will include oversight on usage of water (reduction of waste water, drip irrigation, etc.). Licensing and background checks of owners and operators, as well as education and safety training for consumers is also in the works.

For the most part, recreational sales will be a welcome extension to marijuana dispensaries that have existed for years, some since California’s Proposition 215, which legalized the drug for medicinal uses with the Compassionate Use Act of 1996.

October 9, 2017

New Regulations Require Cannabis Delivery Services to Rethink Their Business Models

By Cannabis Law Group

New changes to California cannabis regulations will dramatically impact marijuana delivery services. According to Forbes, the California Bureau of Cannabis Control has released a detailed set of regulations for the operation of cannabis businesses in preparation for the issuance of business licenses for the sale of recreational marijuana in January 2018. Amongst thousands of other regulations, these provisions prohibit many methods of marijuana delivery, including: aerial drones, autonomous land-based robots, aircraft, watercraft, rail, and unmanned vehicles. The regulations specify that delivery may only be made in person by enclosed motor vehicle. This ban raises larger issues of marijuana delivery restrictions within California. As the innovative tech culture of Silicon Valley improves and expands drones and other autonomous delivery services, it is likely that the rule will be adapted. As the rules change and adapt to new technologies, how can cannabis business owners stay in compliance and maintain profitable operations? cannabis compliance attorneys

How Delivery Services Are Adapting Their Business Models

Marijuana delivery services in California have taken many creative approaches to the question of how to develop a business strategy around delivery restrictions and regulations. TechCrunch reports that Eaze – a marijuana delivery service – has recently raised $27 million in Series B financing after spending $24.5 million in venture capital. This large influx of cash is supporting an aggressive growth strategy. When questioned about the wisdom of spending $1 million per month in cash, CEO Jim Patterson responded that the company is investing in growth before the imminent legalization of sales of recreational marijuana. Patterson also dismissed concerns over large delivery logistics companies, such as Amazon, getting into the marijuana delivery market, citing the complications of marijuana regulations at the federal level. Continue reading

September 4, 2017

Marijuana Company Embroiled in Branding Dispute

By Cannabis Law Group

There are many considerations to take into account when starting a marijuana business, and branding is one of those. The marijuana industry on the whole prides itself on branding that is bold, cheeky and perhaps a little more risque than most. But cannabis start-ups must be careful to research whether certain names are not only good for marketing, but whether they are actually available. Otherwise, owners may find themselves embattled in a lawsuit alleging trademark infringement or copyright infringement. marijuana business lawyer

Brand infringement is a serious, and potentially costly, risk. Companies are increasingly being proactive against this damage by monitoring their brand name and competition – especially online. Protecting yourself from such action, as well as protecting your own brand from infringement, is important.

When competitors, affiliates or other third parties take advantage of your brand by using your trademarks, ideas, products and keywords to confuse similar aspects of your brand as their own, it can cost you business. 15 U.S.C. 1114 outlines provisions for trademark infringement, innocent infringement and remedies. Our marijuana business attorneys in California can help. Continue reading