Articles Posted in Los Angeles Marijuana Dispensaries

marijuana dispensariesCalifornia has kicked off a multi-lingual public awareness campaign, urging cannabis users throughout the state to ensure they’re purchasing from legal dispensaries.

Amid growing calls from licensed cannabis dispensaries, The California Bureau of Cannabis Control’s “Get#weedwise” program aims to educate consumers on the risks they face when buying from unlicensed retailers. It also advises that safest pot purchases are made with licensed dispensaries and warns illegal business operators of consequences they can expect if they continue to trade without a license.
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marijuana businessMarijuana supporters in California rejoiced late last month as legislation passed by the U.S. House of Representatives could afford the industry more freedom to grow. Currently, the recreational use and sale of marijuana is legal in California, along with 10 other states, and Washington D.C. But federal law continues to classify cannabis as a Schedule 1 narcotic. While it is yet to happen, this makes folks in the cannabis industry weary, as the door remains open for the federal government to prosecute against cannabis related businesses, even in states that have legalized marijuana.

The Blumenauer-McClintock Amendment
The lauded legislation, known as the Blumenauer-McClintock amendment, would prohibit the Department of Justice from using federal funds to interfere with California state laws, or the laws in any state or district, legally permitting the regulated adult-use of cannabis.

Supporters for marijuana law reform are praising the legislation. Justin Strekal, Political Director for pro-marijuana organization, NORML, called it “the most significant vote on marijuana reform policy that the House of Representatives has ever taken.” That’s because the cannabis industry would certainly welcome extended protections within states that already permit the legal use and sale of marijuana.
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The announcement that one of California’s largest licensed marijuana dispensaries, Harborside in Oakland, would be the 66th U.S. cannabis venture added to the Canadian stock market, questions have arisen about the legal risk of investing in such stock. Los Angeles marijuana lawyer

Elbowing one’s way into Canadian stock market investments isn’t always a simple task for outsiders, with a fair number of U.S. brokers disallowing international stock trades. Canadian stocks are increasingly an exception to the rule, but it’s likely to be more expensive, and of course, the cannabis market is still burgeoning and volatile, particularly while there are so many conflicting local, state, federal and international rules and regulations.

As far as the marijuana industry goes, investing in public stock of cannabis companies is perhaps at this point one of the least-risky options, as you have no direct involvement in the daily cultivation, production, testing or sales of the products.

There are currently more than 300 publicly-traded marijuana stocks and funds on the U.S. trade markets, and a growing number globally. These can be lucrative for investors willing to take the risk. However, it can also be costly if you aren’t careful/consider the fine print. Continue reading

Much ire has been expressed by licensed California cannabis cultivators and dispensaries at the unfair black market competition by those who don’t pay state fees and taxes and whose product isn’t thoroughly vetted. Orange County marijuana lawyers understand the glut of illegal marijuana has undermined the roll-out of recreational marijuana in communities from Los Angeles to San Francisco.California marijuana farming attorney

Similar problems have been reported not just here but in other liberalized state marijuana statutes appear to have had little impact on black market sales. So far, 10 states including California have legalized marijuana for recreational sales.

Not so in Oregon and Washington, a new study suggests, indicating that the way states have written their recreational marijuana laws may play a big role. Since Washington and Oregon legalized recreational marijuana (in 2012 and 2014, respectively) there has actually been a decline in the wealth of marijuana farms throughout the state’s national forests, resulting in reduced adverse ecological impact.

European scholars in an analysis published recently in the journal Ecological Economics, identified a number of health and economic upsides to Oregon and Washington marijuana policy, something California legislators may want to note. Continue reading

In California, vaping or smoking marijuana in public is not lawful. You’d be forgiven, however, if you didn’t realize that walking on any random strip in Southern California. Lighting up almost everywhere has become practically ubiquitous. Homeowners, renters and businesses have had their share of complaints. Some businesses have even posted explicit signage making it clear: No smoking allowed. Nonetheless, the smell wafts on near every corner. marijuana lawyer

Los Angeles marijuana lawyers know there has been an uptick among local law enforcement citations for smoking in public areas, particularly those nearby to schools, parks, restaurants, shops and in cars or boats. (No, you cannot light up in a car, even if you’re a passenger.) Police say many individuals aren’t familiar with this provision of the law, and even visitors who have come to the state on vacation end up leaving – well, not on probation, but with wallets $100 lighter. That’s the fine for public marijuana smoking in California.

Common areas in apartments and even balconies are forbidden spots for outdoor pot smoking, though that usually goes unchecked unless your neighbors complain. This restriction has become particularly burdensome for those who use the drug as medicine.  Continue reading

As marijuana legalization continues throughout North America, there is still significant public and private interest resistance to its proliferation. One of the legal ground on which these cases have been tested throughout the country is a federal law known as the Racketeer Influenced and Corrupt Organizations Act of 1970, also known as RICO. As our Los Angeles marijuana defense lawyers can explain, this was a law intended to battle organized crime and the mafia. However, it’s been used in several recent federal cases to intervene with legal marijuana businesses and users – one of the most recent in Petaluma, California, marking what is believed to be the first time this legal argument has been used against marijuana businesses in the state. marijuana RICO attorney

But in that case, as in many of the cannabis company RICO civil lawsuits pursued nationally, a federal judge has ruled against the plaintiffs.

According to The Argus Courier, a U.S. District Judge held that neighbors of a cannabis company and its lead grower can’t be sued under RICO anti-corruption laws because nuisances related to noise and bad smells don’t cause the same kind of tangible financial losses intended to be addressed under RICO. Continue reading

Los Angeles marijuana lawyers know the California Cannabis Equity Act of 2018 as an act of penance. It would never make up for the upended lives or communities torn asunder in a decades-long government failure that was the “War on Drugs.” It was an effort that cost untold billions, frequently sparked caustic tensions between police and the people and targeted mostly those in poor minority communities. But the programs meant to give a leg up to those unfairly affected appears to have hit many stalls and snags. Some wonder if that wasn’t intentional, given that the program has been controversial in some circles.Los Angeles marijuana lawyer

When California voters legalized recreational marijuana for adults in 2016, suddenly there were people getting rich doing the same thing that led to arrests, prosecution and harsh minimum mandatory prison term for tens of thousands. Even after their release from incarceration, the government’s civil seizure of  all assets even tenuously connected to drugs, plus the stigma of a permanent “felon” label blocked access to student loans (sometimes any loans),  job opportunities and housing options.  The racial disparity of the impact stunning. The ACLU reporting blacks were arrested at a rate of four-fold higher than whites, despite basically the same usage rates. It was way worse in some communities, like Oakland, where black residents accounted for 27 percent of the population but 77 percent of those arrested for marijuana.

The concept of “cannabis equity” is that those hit much harder by harsher marijuana laws should now be extended lower entry barriers into the legal California cannabis market. California earned a fair amount of applause for the initiative, one no other legal marijuana state has launched. Funded by $10 million in loans, grants and support services, there are currently just four local branches operating  – Los Angeles, Oakland, Sacramento and San Francisco. But some report it’s not going so smoothly. As reported by Pew Charitable Trusts, a number of local equity offices (funded by the state’s Department of Cannabis Control and Regulation) have had trouble with launch – potentially delivering yet another blow to applicants, giving other non-equity program cannabis companies a head start into those markets. Continue reading

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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