Articles Posted in Los Angeles Marijuana Dispensaries

At this point, almost all midterm election results are in (Florida, we’re looking at you…). One of the most noteworthy outcomes for our Los Angeles cannabis attorneys is that voters in three out of four states where marijuana was on the ballot chose to loosen restrictions. Voters in Utah and Missouri chose to allow sick people the right to access medical marijuana. Michigan, which already allowed medicinal marijuana, joined nine other states (though becoming the first in the Midwest) to fully legalize recreational cannabis. The only state that voted a firm “no” was North Dakota, wherein a recreational marijuana ballot measure was on the table. marijuana business attorney

Prior to this vote, 22 states in the U.S. allowed medicinal marijuana, following California’s 1996 lead to allow patients access to the drug for easing the symptoms of serious illnesses. Increasingly, the drug is being used as a safer, more effective alternative to the extremely addictive and deadly opioids traditionally prescribed for pain (far riskier than pot, despite having a lower scheduled designation under the U.S. Controlled Substances Act).

This rapidly evolving cannabis landscape makes it all the more critical for users, distributors, producers, farmers, ancillary companies, drivers and travelers to consult an experienced Los Angeles cannabis attorney when a legal question crops up.  Continue reading

The favored recreational indulgence appears to be shifting – from alcohol to marijuana. This is noteworthy because the shift is likely ultimately to be the nail in the coffin for federal marijuana prohibition. The fervent support of the younger generation for the plant – in addition to a growing number of baby boomers relying on its medicinal properties – could mean that day will happen sooner than later.cannabis lawyer

As our marijuana lawyers in Los Angeles see it, cannabis prohibition is a pit from which the federal government will need to dig itself out.

Now, a new survey released from The Tylt (the largest and fastest-growing social polling and opinion platform among the youngest adult cohort), indicates it is likely to be increasingly difficult to hold off on the move for too much longer. Specifically, roughly 85 percent back legalized marijuana, and no longer buy into the lie that total prohibition is necessary to keep America’s youth safe. Most said the “War on Drugs” is a failed one and the “War Against Weed” is one that needs a complete overhaul.  Continue reading

A major part of the work our legal team is involved with includes helping marijuana businesses establish themselvescannabis business while remaining in compliance with local and state regulations and laws. What happens, though, when a company is found to be in violation of one of those rules? Many businesses are beginning to find out as authorities ramp up efforts to wrangle illegal, unlicensed, and non-compliant marijuana operations in California. Recently more than 500 people were charged with misdemeanors in Los Angeles for their participation in illegal activity at 105 marijuana businesses in the city.

Those charged could face up to six months in jail and a $1,000 in fines for operating marijuana businesses without a license. The crackdown included not only dispensaries, but also extraction labs, cultivation sites, and delivery services, according to Los Angeles Times. Judges have been hearing cases associated with this series of investigations since May, and arraignments will carry into the end of October. So far, 21 have pleaded no contest or guilty and 11 have been dismissed. Other violations included not following security locations or not following rules regarding the business’s location, such as being too close to a school. With the proper future licensing and guidance, some of these businesses could still have a future, but major infractions like location will mean some will have to practically start over from scratch if they hope to continue in the industry.
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Economics 101 teaches us about supply and demand, but you don’t need a business degree to see that the supply ofmarijuana business lawyers recreational marijuana retailers is way lower than the demand in California. For every 100,000 residents, there is less than one store available that sells adult-use product, according to recent data released by Marijuana Business Daily. Furthermore, most of those stores are crammed into a few select areas, due to the fact that Prop 64 allows local governments to opt out of allowing sales or cultivation, though they are not allowed to ban personal use. To be more precise, there are 482 cities in California, and to date, only 70 of those cities allow retailers to sell recreational marijuana.

Comparatively speaking, this puts California not only behind its own estimates for store fronts and sales figures, but also behind its peers. It’s been nine months since recreational marijuana sales began in the state. At the nine-month mark in Colorado, the state had awarded 242 licenses. Considering the state has a smaller population than California, this put the total at 4.3 stores per 100,000 residents. Now, Colorado has 10 times the amount of stores per capita, while Oregon currently has 15 times more recreational marijuana stores per person. Continue reading

Long Beach will soon be the next city in Los Angeles County to embrace recreational marijuana business planmarijuana after its city council voted overwhelmingly to regulate industry operations. The council passed a series of amendments that will set guidelines for cultivators, testing labs, distributors, and dispensaries in the city, according to an article from Press-Telegram. The 7-1 vote reflected a strong support from council, with the support of the mayor as well as the residents who voted for Proposition 64 in November 2016.

City staffers estimate the move could bring in about $750,000 in taxes from recreational sales next year and a whopping $4.5 million from medical marijuana taxes. City officials also hope to stimulate the economy with a clause that requires collective-bargaining agreements with United Food and Commercial Workers 324, the union that represents cannabis workers, raising the bar on the quality of jobs provided by local establishments. Continue reading

It’s time for California to take a serious look at taxes that state and local governments are imposing on cannabis cannabis business lawyersbusiness owners. Some legislators agree, but others think the higher taxes should stand, at least for a while longer. For now, the current tax rate will remain, as an assembly bill addressing cannabis taxation failed to advance out of committee, according to an Associated Press report.

AB-3157 seeks to amend The Control, Regulate and Tax Adult Use of Marijuana Act, which currently sets the excise tax rate at 15 percent of the average market price. The new proposal would drop the excise tax rate to 11 percent and suspend the cultivation tax, with each expiring June 21, 2021. Right now, when excise and cultivation taxes are combined with sales tax, county, and city taxes the total tax rate can be almost 50 percent. Some fear this high of a tax rate is driving people to purchase marijuana on the black market, instead. There is some compelling evidence to back that claim. Continue reading

Marijuana laws in Ohio have experienced a bit of a failure to launch. In 2015 a legalization ballot measure was votedmarijuana regulations down, largely due to a scare campaign that positioned the 10 pre-designated cultivators as a monopoly.  In 2016, HB-523 was signed into law by Gov. John Kasich that set up a process for medical marijuana in the state. Since then, however, the initial phase has been a lumbering one. Advocates remain optimistic, though, pushing now for a state constitutional amendment to legalize recreational marijuana.

On the medical front, Ohio’s program is under scrutiny in court, as a judge in the Franklin County Court of Common Pleas is determining whether or not to delay licensing for cultivators, and potentially the launch of the program. According to Cleveland.com, one grower applied for a license and sued the Ohio Department of Commerce after it was denied, claiming there was no appeals process as promised. Reported errors in the scoring of applicants and complaints about officials not following their own rules in the selection process have led to other lawsuits. With only 12 initial promised licenses for large-scale cultivators, the spots are highly coveted. Continue reading

Spice, K2, synthetic marijuana: whatever you call it, we know these alleged cannabis knockoffs have about as muchcannabis business in common with the natural drug as a circle to a square. Lawmakers have long been chasing down these dangerous substances, to no avail. But the Illinois State Senate is taking steps to close loopholes that manufacturers have been manipulating once and for all, according to Chicago Tribune.

SB-2341 would expand the list of Schedule I controlled substances to include all synthetic cannabinoids not approved by the U.S. Food and Drug Administration. This is a departure from current methods to control the substance, which has largely involved outlawing by formula. As our cannabis business attorneys can attest, this has so far been a fruitless system of control because each time a formula or chemical is outlawed, manufacturers alter it enough that it qualifies as a new substance. Just like that, a new synthetic cannabinoid is back on the market, but not necessarily any safer. The new law, if passed, would put the onus of proof on the manufacturer that a synthetic cannabinoid is safe rather than government officials proving the substances to be dangerous after they have already hit the market.  Continue reading

Despite legalization of recreational marijuana sales earlier this year, Fresno remains one of the communities wherein marijuana businesscannabis-related activity is still banned: No recreational sales, no medical sales, no commercial growing, no testing, no distribution, no manufacturing. Residents can grow indoors for personal use or if they are a caretaker, but that’s it.

Still, officials know of more than 70 unlicensed sales operations in the city. Law enforcement agencies are stretched thin, however, so they have to prioritize their time and resources.

They recently focused their efforts on one specific dispensary, according to High Times, which was reported to be selling high-potency cannabis candy wrapped in packaging that was appealing to children. Agents seized 150 pounds of the candy and more than $200,000 after a two-month investigation of the dispensary. Six dispensary operators were given misdemeanor marijuana citations.

When it comes to sales of marijuana, which is still considered an illegal Schedule I narcotic under the federal Controlled Substances Act, 21 U.S.C. Section 812, it wouldn’t seem like packaging would be the top priority for law enforcement. However, keeping cannabis out of the hands of children has been a prevalent and important theme for everyone in the legalization process. No one on either side of the issue wants to see cannabis in the hands of children. Relevant restrictions have included keeping cannabis retailers a certain distance from parks, schools, and places where children regularly frequent, as well as making sure tax money is allocated for education and prevention programs geared at students. Further, regulations dictate that “packages and labels shall not be made to be attractive to children,” according to Medicinal and Adult-Use Cannabis Regulation and Safety Act Sec. 74. Continue reading

Here in California, we have more than 20 years of anecdotal evidence of the ways medical marijuana can be used to treat a variety of ailments. Thanksmedical marijuana to the Compassionate Use Act of 1996, patients have been reaping the benefits of cannabis for everything from glaucoma to anxiety and chronic pain. Unfortunately, the research that would help independently establish these things has largely been stifled in the U.S., owing largely to the federal policy that classifies marijuana as a Schedule I narcotic. Meanwhile, as reported by U.S. News & World Report, Israel has become a leader in marijuana research – and one of the latest findings of Israeli researchers underscores the medicinal properties of marijuana for cancer patients.

Published in the European Journal of Internal Medicine, the study analyzes the effects of cannabis on symptoms related to cancer and cancer treatments. These include nausea, vomiting, headaches, weakness, pain, and more. According to the study, 1,046 out of 1,742 reported success in overcoming these symptoms after six months. This total did not include participants who passed away, switched cannabis providers, or did not respond to questionnaires. The study looked mostly at patients who were at an advanced stage of cancer and on average 60-years-old. These factors meant a quarter of patients died before the study was over, but even many of those patients reported having the pain of their condition eased by cannabis.

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