Articles Posted in Marijuana business

If you are operating a marijuana business in Los Angeles County without a license: You’re probably going to want to promptly seek legal representation from lawyers with longtime experience in state and federal marijuana criminal and civil cases. The California Bureau of Cannabis Control reported it had carried out search warrants on two businesses – one in Los Angeles County and the other in Sacramento County – for allegedly operating an unlicensed cannabis company.Los Angeles marijuana lawyer

January 9th marked the end of what state regulators called the grace period for unlicensed marijuana businesses across the state. This was akin to a warning shot, with the agency noting the several hundred unlicensed marijuana retailers and delivery services statewide are “taking their chances.” Even if they do close shop, there is no guarantee authorities wouldn’t take action after the fact, though it’s more probable they’ll want to pursue action against those in active operation.

Licensed L.A. marijuana retailers have been complaining for the last year that black market operators were undercutting their sales with an unfair advantage. The Sacramento raid stemmed from a complaint filed with the BCC, though the agency didn’t indicate where the tip originated.  Continue reading

As Los Angeles attorneys focusing our practice on both California marijuana law and employment law, we’ve seen that the intersection of these two has never been more apparent. Many of these cases focus on the right of an employee/ user of marijuana (particularly for medical purposes) to use legally-obtained drugs on their own time, so long as it doesn’t interfere with the safety or efficiency of their job performance. The results of those claims have been mixed, though as the American Bar Association notes, the trend has been courts siding with employees.marijuana attorney Los Angeles

Now though, our marijuana business attorneys are seeing a new type of claim cropping up among cannabis companies: Employment litigation pursued by workers within the cannabis industry. One of the most recent is a marijuana employment lawsuit filed in the U.S. District Court for the District of Oregon.

Plaintiff was previously employed to provide expertise and labor to an investment company that owned a marijuana grow operation in Junction City. He alleges that despite being a non-exempt employee, in turn requiring the company to pay at least minimum wage plus overtime for all hours worked over 40 in a given week (which he claims he did frequently), the company failed to pay him for approximately 2,500 hours worth of pay. He further alleges the cannabis company failed to provide him itemized pay statements or establish a regular pay day, both in violation of state employment laws. He also incurred numerous expenses on behalf of the company, such as using his personal vehicle for work purposes with no reimbursement.  Continue reading

The U.S. president’s signature on the major farm bill earlier this month was a big win for legalized hemp. However, our Los Angeles marijuana product sales attorneys have just learned the passage of that measure won’t necessarily grant blanket protection for CBD oil, after the U.S. Food and drug administration issued warnings to a number of cannabis product makers making certain health claims about products produced with CBD, formally known as cannabidiol.  The hemp-derived extract is becoming increasingly popular in a range of products, including foods, lotions and medicines.Los Angeles CBD oil attorney

A week after the farm bill was passed, the FDA Commissioner issued a statement underscoring the department’s position on CBD oil and related products. The commissioner stated in plain terms that CBD oil is a drug ingredient, and thus is unlawful to put in food or health products absent any prior approval from the FDA, with the main concern being potential risk to patients when products haven’t been proven to be effective or safe.

Remember: CBD is the non-psychoactive compound found in hemp, which is a version of the cannabis plant that is very low in THC. It’s the THC infused naturally in marijuana that gives off the high. CBD is in a number of medications that are approved by the FDA for treatment of certain ailments. Epidiolex, a CBD-oil infused syrup used to treat seizures, is one, having just received its stamp of approval this past summer.  Continue reading

Almost 1 in 5 California marijuana products have failed tests for purity and potency by the state’s Bureau of Cannabis Control since the agency began mandating checks at the beginning of July. The Associated Press reported that some cannabis farmers and distributors are blaming the failure rate not on product quality but rather on standards that are unrealistic and aren’t aimed to protect the public. Technical glitches haven’t helped.marijuana lawyer

Cannabis-infused cookies, tinctures and candies have been especially hit hard, with approximately one-third of its product removed from store shelves.

Other problems revealed (albeit on a smaller scale) by state-licensed testing firms are finding too-high levels of solvents, pesticides and bacteria, including salmonella and E. coli.

Within just eight weeks of testing, some 2,000 samples failed out of more than 11,000 Our L.A. marijuana product attorneys understand that in some of those instances, the product had to be destroyed, but a lot of the problems arose from issues with labeling, which are able to be fixed. Just for example, if a label on a container indicates a product has a potency level different than what’s on the label, the product can simply be relabeled and then move to market. Continue reading

Would cannabis by any other name be quite as sweet? Well… yeah, if the folks at Mendocino Appellations Project  (MAP) are correct. California marijuana grower attorneys recognize that such branding could help otherwise struggling marijuana cultivation operations in the state seize their stake. California marijuana grower attorney

Think about champagne. Yes, it is an alcoholic drink. It’s also a grape-growing region in France. If you want to call a liquid beverage “champagne,” law requires that you must grow it in certain parts of France and only in accordance with very specific guidelines that cover everything from planting to pressing to packaging. That’s what allows sellers to charge top dollar for it.

So what does that mean for marijuana growers in California? Many were among the first in the U.S. to practice and perfect careful cultivation techniques when the drug first became legal for medicinal purposes. And unfortunately, while legalizing bud has been boom for consumers, it’s been a bust for growers. It has meant a near-crushing amount of oversight and safety testing. A virtual mountain of regulation, cannabis cultivators are finding that the laws meant to protect the consumer and the environment are being largely placed on their shoulders. Continue reading

Although a federal judge last month dismissed a racketeering lawsuit last month against numerous marijuana businesses, the plaintiff still has grounds to refile on the basis of a private nuisance claim. This matter in Oregon is noteworthy for our Southern California marijuana business lawyers because it’s one of several that take aim at cannabis industries and companies that are sanctioned by the state using a federal law that was passed for the purpose of tanking organized crime (drug cartels in particular).marijuana business attorney L.A.

The Racketeer Influenced and Corruption Organizations Act, commonly referred to as “RICO,” is a U.S. federal law providing criminal penalties as well as a civil cause of action for acts performed as part of an ongoing criminal organization. It was formed to target the mob.

According to one recent report, these lawsuits are part of a wider strategy nationally to “upend legal weed.” In Oregon, some law firms actually focus exclusively on suing marijuana businesses for racketeering under the RICO statute, 18 U.S.C. Chapter 96. As reported by Willamette Week, a single attorney represented a woman who has sued more than 200 businesses, all that had ever been involved with her neighbor, a single marijuana processing plant that squeezes the THC oil from the flower for use in cannabis-infused candies. That lawsuit alleged that every dispensary and grower that had ever done business with the neighbor conspired to commit crimes that damaged the value of plaintiff’s home. That crime was growing a product deemed illegal by federal law, specifically the Controlled Substances Act. Continue reading

Riverside County is empowering cultivators by teaming up with the state to provide training on pesticides, includingmarijuana cultivation proper use and regulations. The mid-September training is being provided by Riverside County’s Agricultural Commissioner’s Office and California Department of Pesticide Regulation, according to a release from the commissioner’s office. Commercial cultivation is banned in many parts of Riverside County, including the unincorporated areas, but the event is still open to anyone who wants to register.

Pesticides have become a hot-button issue in the marijuana industry, especially over the past few months. As of July 1, the transition period in which licensing authorities did not enforce certain regulatory provisions was no longer in effect. As our experienced attorneys can explain, mandatory laboratory testing was among those regulations that would be enforced. This has meant any cultivators not in compliance with pesticide use are now flagged during testing and their product is not able to make it to market. Even before July 1, pesticides were regularly in the news, with some unlicensed cultivators using toxic pesticides that have been killing off wildlife. Such behavior has had devastating effects on local ecosystems and given responsible cultivators a bad name. Continue reading

When starting a cannabis business, there are obvious considerations, such as product, employees, and location. Anmarijuana business equally important, but less discussed, element is security. Considering some security measures are actually built into the regulations for marijuana businesses, this is certainly not something to be taken lightly. Cannabis Business Times recently broke down security recommendations and requirements for marijuana cultivators, and our experienced legal team can expand on these tips and explain the rules other types of businesses must also understand.

It may seem basic, but one of the most important steps the report outlined was assessing risk. You don’t want to be reactive to your security needs, only putting measures in place after a problem presents itself. It’s important to be proactive, and identify all the risk areas, particularly any touch-points where product could be removed from your facility without your knowledge.

Video surveillance is one of the top methods of security in any type of marijuana business, but there are many aspects that must be taken into consideration before choosing the system that’s right for you. Is the video quality high resolution enough? CA Code of Regulations Div. 42, Ch. 1, Sec. 5044 states that minimum camera resolution must be 1280 x 720 pixels. The ability to identify any person recorded must be clear and certain. Your system cannot be in-house only; it must be accessible through the Internet. Continue reading

Two recent cannabis product recalls have some marijuana businesses concerned about such scenarios becoming amarijuana business widespread issue, particularly with more stringent testing regulations recently becoming mandatory. According to a report from Marijuana Business Daily, though, several testing labs have said there is little to be concerned about, especially as these regulations continue to balance out and become more integrated.

The testing labs noted first of all that the two instances of recalls, both in late July, were self-imposed by the companies who manufacture the product. Thousands of marijuana products have passed lab tests and have moved along to retailer shelves. The data from these tests is double checked by the Bureau of Cannabis Control to help ensure product that should have failed the tests does not make it into stores. For the most part, companies have been able to keep up with the new regulations, and the recalls were reportedly a precautionary move by those particular businesses. As understanding of all regulations continues to grow stronger, incidents of product testing failures will continue to decline. Continue reading

Two monoliths of cannabis advocacy have joined forces in California, aiming to protect what many estimate to be thecannabis lawyers world’s largest marijuana market. California Growers Association, based in Northern California, is merging with Southern California Coalition out of Los Angeles to leverage their combined strength when voicing needs of the cannabis industry to political representatives, according to Los Angeles Business Journal. A headquarters location for the far-flung group has not yet been selected.

Anyone who is familiar with the cannabis industry knows there are major cultural differences across the board — from the numerous farmers working the fertile lands of the “Emerald Triangle” in Northern California to posh dispensaries in L.A, and all of the laboratory testers, drivers, and processors in between. Each faction of the industry has different priorities, which has often kept the groups and their interests separate. Many in the state, however, are learning that more can be accomplished when we work together. The new CalGrowers-SoCal Coalition Collaboration is now 1,600 members strong, making the group a force to be reckoned with. Continue reading