Articles Posted in Colorado marijuana lawyers

The U.S. Justice Department issued a statement earlier this year that it would not prosecute in states where marijuana was legal so long as the industry is adequately regulated. Now Colorado marijuana users, growers, distributors, and other members of the marijuana industry will be forced to comply with an additional 30 rules related to all aspects of the business. In late September, the Marijuana Enforcement Division (MED), released a new set of rules related to licensing, cultivation, protection, edibles, sales, training and product testing.

While the new rules may initially slow some operations, authorities report that the marijuana business in Colorado is a work in progress and the new standards are simply a modification to the original law. Our Orange County marijuana attorneys are dedicated to protecting the rights of marijuana card holders, dispensary owners, and others in the marijuana business. In addition to protecting the rights of our local clients, we are also abreast of legal changes in Colorado and nationwide. The ever-evolving marijuana regulations are a reminder that current laws are in flux and all users and industry members should stay abreast of regulatory changes to prevent liability.

According to recent reports, the new changes make sense and will help with consumer education and to ensure vendor responsibility. One of the new rules was a revision of an earlier proposed rule that would have limited the number of plants to be grown in indoor operations. The new rules do not distinguish between indoor or outdoor growing facilities, allowing 3,600 plants for cultivation. Industry insiders assert that the state legislators responded to the testimony of greenhouse workers to a suitable compromise.

Currently, the state has issued 18,666 marijuana occupational licenses. Under the new rules individuals with licenses will be required to perform “responsible vendor training’ requirements to ensure public health and safety. These rules also apply to the production and distribution of edible marijuana products. There are 496 medical shops, 242 recreational stores, and an additional 177 applications for operational and stores pending.

According to legislators, the rules are intended to improve safety, consumer education, and to make the marijuana industry transparent. Consumers should know what to expect and vendors should have clear guideposts to ensure compliance. In addition to health and safety training, the new rules will also reduce the amount of marijuana found in any edible product. Under the new rules, a single serving cannot contain more than 10 milligrams of THC. Products must also be easily identified. Adjusting the serving size rule is meant to ensure safe consumption and to prevent accidental over consumption by children, teens, or adults.

The new rules will also change testing requirements, requiring tests on the potency of edibles, as well as to test for pesticides or fungi. Though marijuana business owners see the positive aspects of the regulation, they are also concerned about the increase in expenses, licensing, testing, and taxation. Safety advocates are also concerned that the new rules do not go far enough in regulating the industry.
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With the majority of voters in Colorado approving legalization in 2012, it may come as a surprise that two recent polls show that support has waned. According to the two polls, Colorado residents are discontent with the way that regulations have been handled by state legislators. According to a poll conducted by Suffolk University and USA Today, approximately half of Colorado residents are dissatisfied with the new marijuana laws and their administration. Though the polls show a 50-50 split, the number of supporters are down since the law has gone into effect.

The new poll indicate that women oppose the new law 56 to 41 percent. There has also been increasing opposition from older voters (over the age of 55). Our Orange County medical marijuana attorneys are abreast of legal changes in California and nationwide. Our firm also tracks trends and changes related to medical marijuana and legalization interest nationwide. In addition to following marijuana developments, our firm offers continued and ongoing support to medical marijuana card holders, dispensary owners, and other marijuana industry leaders in California.
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Since recreational pot shops opened in Colorado in January, sales have topped medical marijuana sales for the first time. According to recent tax figures released by the Colorado Department of Revenue, the state received $838,711 from a 2.9% tax on medical marijuana and $2.97 million from the 10% sales tax on retail marijuana. According to the report, retail sales were estimated at $29.7 million and medical sales approximately $28.9 million. The report has been considered a victory for legalization advocates who predicted that the revenues from retail priced marijuana would be profitable for the state.

Still, some reports indicate that the revenues have lagged behind some earlier projections. Regardless, the massive revenues have been a guidepost for other states considering the potential benefits of legalization. Our Orange County medical marijuana attorneys are dedicated to protecting the rights of users, dispensary owners, and others involved in the marijuana business. Our firm has continued to track legal trends and developments in California, Colorado and nationwide. In addition to staying abreast of local trends in marijuana law, we also provide strategic advocacy to protect the rights of our clients who are under investigation or charged with marijuana crimes. We can also help to insulate individuals and business owners by helping to ensure regulatory compliance.
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Even though the Justice Department has decided to largely remain hands off when it comes to state legalization and medical marijuana, the federal government can still prosecute any marijuana crime–even if your home state says it is legal. One trap for the unwary involves paying taxes, as paying taxes on marijuana income is an admission of the crime. In a recent case, a federal court held up a Colorado tax on marijuana despite the claims that paying it amounts to self-incrimination. The plaintiff has argued that paying the tax was a violation against her Fifth Amendment rights.

According to a Forbes report, the debate over self-incrimination and marijuana taxes is not over yet. Our Orange County marijuana law attorneys are dedicated to protecting the rights of clients involved in marijuana distribution, sale, growing operations, or who have been charged with a criminal offense. We understand the complex nature of marijuana cases and will help to protect California marijuana business and individuals in state and federal matters.
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One of the criticisms of legalization is that it will give underage users, including teens, additional access to the drug. Some say it will even promote teen marijuana use. In light of this attack on legalization, many teens are speaking out, saying that legalization will not increase underage or illegal use. Some have compared the use of the drug to underage drinking, saying that making it legal or illegal doesn’t impact teen choices at all. If they want to use, they won’t care if it is legal or not.

In the state of Oregon, Measure 91 is on the ballot, which would legalize marijuana for adults 21 years and over. Essentially, many of the same rules would apply when comparing marijuana use to alcohol. Our Orange County marijuana attorneys are dedicated to protecting the rights of marijuana dispensaries, distributors, as well as medicinal cardholders and users. We understand the complexities of local, state, and national marijuana law and can effectively protect the rights and interests of our clients. In addition to advocating for marijuana rights in California, we are also abreast of national changes in marijuana law.
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Colorado is the first state to legalize the recreational use of marijuana, so it is no surprise that all eyes are on the state, looking to uncover both the positive and negative implications of life after prohibition. While there are concerns about the danger of edibles, driving under the influence, and the potential long-term consequences of legalization, others are interested in the positive changes, including tax revenues and fewer violent crimes.

Our Orange County medical marijuana attorneys are interested in the developments related to marijuana law, medical marijuana law, and legalization nationwide. In addition to representing and helping local clients in marijuana-related questions and disputes, we are also committed to raising awareness about marijuana policy and lifestyle.

In a recent Atlantic Monthly report, an investigative journalist spent time with the locals to determine whose life has changed since recreational pot was legalized.

Here are some of the highlights:
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Colorado has been center stage in the nation’s marijuana legalization debate. Advocates are pointing to revenue increases, decreased crime rates, and other positive benefits of recreational pot legalization. On the other hand, critics are waiting for negative reports to bolster their claims that legalization is bad for society, detrimental to youth, and generally, not a good idea. According to a recent report conducted by the Brookings Institution, the “big pot experiment” in Colorado has been largely a success. The rollout of Colorado’s marijuana policy created a new industry and its success is a contrast to the dysfunction at the federal level.

According to the 20-page Brookings Institution report, there are a number of reasons why the policy rollout has been successful, however it is not without challenges. Our Los Angeles medical marijuana attorneys are dedicated to protecting the rights of growers, medical marijuana users, dispensary owners, and other industry leaders. We are committed to staying abreast of changing marijuana laws in California and nationwide and can providing counsel, representation and legal support related to compliance issues or criminal matters.
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