Articles Posted in Marijuana delivery services

A key ruling in the fight to allow marijuana delivery everywhere in the state – regardless of local restrictions on marijuana retailers – was issued partially in the industry’s favor. Still, our Los Angeles marijuana business lawyers recognize it wasn’t all good news, and likely is just the beginning of what could be numerous, protracted legal battles.marijuana delivery lawyer

The Fresno County Superior Court earlier this month upheld the California law allowing licensed marijuana delivery companies to offer services anywhere in the state. Further, the ruling affirmed that while cities and counties can forbid these operations, enforcement is up to local government agencies.

What does this mean for marijuana delivery businesses? As our attorneys see it, they have one of two options:

  • Take the risk of battling with local governments trying to enforce their local bans on cannabis companies (including delivery services).
  • Cease delivery services to those areas.

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A superior court judge tentatively ruled against cities pushing to overturn the government rule allowing California marijuana deliveries everywhere in the state. But the case isn’t over yet.L.A. marijuana delivery lawyers

In the ruling, the judge expressed doubt that some of the cities that filed the complaint even have legal standing to bring the action. Some have no local ordinances in place that expressly conflict with the California Bureau of Cannabis Control‘s marijuana delivery rule. If they lack legal standing, there is nothing to dispute.

This is a case that will likely have far-reaching implications for legal marijuana sales statewide. The question is whether it’s the state or local governments who maintain control over marijuana cultivation and sale within different jurisdictions. Continue reading

The California marijuana delivery services lawsuit was originally scheduled for April, but was pushed back because of the novel coronavirus outbreak. It is now on track to be heard next month in the Fresno County Superior Court. The California Attorney General’s Office, filing a brief on behalf of the state’s Bureau of Cannabis Control, used the word “bizarre” to describe the effort to overturn state policy permitting marijuana deliveries regardless of local bans or rules. Orange County marijuana delivery attorney

As our Los Angeles marijuana business attorneys know, most of those in the industry are in favor of a statewide delivery option. However, 25 localities have formally objected to the policy. In response, the attorney general’s brief insisted that the BCC’s marijuana delivery policy aligns with state law. Continue reading

employment attorneyAs marijuana use becomes more widely accepted, California market research breakouts show online cannabis purchase demographics now include higher participation among women. And companies are quickly adapting their strategies to woo them.

One such company, Eaze, a San Francisco-based online cannabis shopfront and delivery service, noted an uptick of 81 percent more women purchasing marijuana related products from the company, between 2018 and 2019.

With this shift, women now make up 40 percent of the company’s total customer base. Eaze also shared, that in 2018, women also accounted for 38 percent of its first-time deliveries, and that that figure grew to 43 percent in 2019. Continue reading

Last year, the California Bureau of Cannabis Control adopted a controversial policy allowing marijuana deliveries everywhere in the state – even in locations where city officials formally banned adult use retail sales, as is their express right under Proposition 64. Our Los Angeles marijuana delivery attorneys recognize this provision as key to the future success of the legal cannabis market in California. That’s why we’ll be closely following the developments in the case of County of Santa Cruz et al v. Bureau of Cannabis Control, slated to be heard in the Superior Court in Fresno in April 2020. A countersuit filed against the county by a marijuana retailer out of Salinas is slated to be heard by the Superior Court in Santa Cruz in July 2020. Los Angeles marijuana delivery lawyer

If this challenge to marijuana’s delivery law succeeds, it would not only threaten the many marijuana delivery services that rely on the state’s protection, it would also be yet another significant threat to the success of California’s struggling legal market by giving black market vendors a major inroad to under-served consumers.

The lawsuit was filed by 24 cities and Santa Cruz County, all of them contending that the state regulatory agency crossed the boundaries of its authority when it made the rule pertaining to marijuana deliveries. They assert that Prop. 64 expressly imbued local governments with the authority to restrict and even prohibit cannabis sales and activity inside their own districts, and the bureau’s policy is a direct affront to that right. Continue reading

Los Angeles marijuana delivery driverCalifornian officials are stepping into an escalating court battle surrounding cannabis home deliveries. The move comes as the state’s counties and cities are at odds with companies delivering cannabis to customers’ homes, within communities that have either banned or restricted marijuana sales.

In early November, Atty. Gen. Xavier Becerra and the Bureau of Cannabis Control (BCC) filed a motion to help bolster a suit brought by Eden Cannabis Co. against Santa Cruz County, which had banned unlicensed marijuana companies from making deliveries within the county. The county’s suit states that the California regulation directly and irreconcilably conflicts with Proposition 64, which “preserves the right of local jurisdictions to regulate commercial cannabis activity at the local level.”

Becerra, meanwhile, told the court the state has acted appropriately in determining where cannabis can be delivered and sold. He went on to argue that banning deliveries from outside companies is ‘inconsistent’ with state regulations that permit deliveries by licensed marijuana companies, anywhere within the state of California. The Santa Cruz court has set a hearing date for Jan. 2 to determine whether the state bureau can intervene in the case.
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In what is being considered a big win for all California cannabis companies after the federal government declined to proceed with civil forfeiture action initiated by the California Highway Patrol following a traffic stop of two marijuana delivery drivers, and the court ordered the money returned. cannabis company delivery

Attorneys for the cannabis businesses say these traffic stops targeting state-legal cannabis companies – and then calling in the feds to seize whatever goods and cash they found – were part of a systematic effort to undercut the burgeoning cannabis industry.

Although these companies are operating under the guidelines set forth by Prop. 64 the Adult Use of Marijuana Act, the cultivation, production, sale and use of marijuana remains illegal under the U.S. Controlled Substances Act. Federal and state justice agencies alike have, in the course of the failed War on Drugs, also availed themselves of a civil procedure known as civil forfeiture, designed to curb organized criminal activity (gangs, drug dealers, etc.).

State law enforcement agencies in California can no longer do this because marijuana is no longer flatly outlawed. So instead, it appears they were forwarding this means to undercut cannabis operations to the federal government. Continue reading

So much weed is being grown in California, it could create a bubble that will soon leave us set up for bust. There are too many marijuana farms, too much product and not enough demand. It has the potential, according to Vessel Logistics, to result in an an industry collapse. This is obviously something to which marijuana businesses and our Los Angeles marijuana business lawyers are paying close attention. cannabis lawyer L.A.

The research firm/marijuana distribution company, crunched the numbers to learn nearly 1,150 acres of cannabis farms have a permit by the state. Those farms can generate an estimated 9 million pounds of the crop annually, yet the wholesale marked for the drug in the state – just realistically at this point – is about 2.2 million pounds. That means even if cannabis farms cut their production by half – we would STILL have an overstock.

In a typical trade situation, we’d look to offload that excess to markets in other states selling less. But we’re forbidden to do that by federal and state law. The drug remains a Schedule I narcotic, which our Los Angeles marijuana lawyers know that neither farmers nor distributors can ship this product across state or international lines without breaking serious felony drug trafficking laws – even when those states allow the drug to be used and sold legally.

A marijuana delivery company marketing itself as UPS 420 is being sued by UPS, the national general parcel delivery service, alleging trademark infringement. Not only is the delivery service usurping its name, plaintiffs argue, but are also capitalizing on the famous shield logo that has become synoymous with the larger UPS brand. California marijuana lawyer

As our California cannabis attorneys know, some smaller marijuana dispensaries and delivery services are making the fatal mistake of assuming these huge, name-brand firms won’t take note if they piggyback on the larger firm’s brand recognition. This could not be farther from the truth. Marijuana trademark infringement is taken quite seriously by these big companies. Some have entire legal departments dedicated to identifying and addressing copyright and trademark infringement.

Although trademark infringement can be somewhat of a tricky area of legality for marijuana businesses because, as noted in a recent Los Angeles Cannabis Law Group blog, the U.S. Trademark Act has a specific clause requiring trademark registrants to attest their mark isn’t used to sell illegal goods. As it stands currently, marijuana is still illegal per the U.S. Controlled Substances Act. Continue reading

Leaders in luxury are looking to grace their way into marijuana product sales in Los Angeles, with a high-end New York retailer inking a partnership with an upscale cannabis firm to offer a large line of cannabis accessories and “lifestyle products” under the business model concept of a “wellness shop.”luxury marijuana products

Los Angeles marijuana retail attorneys recognize the ways in which this illustrates the many ways in which ancillary companies can break into the bud-tending business. Because marijuana is such a versatile plant – used in everything from medicine for seizures and anxiety to shampoo – we’re likely to see more of these non-traditional dispensaries on the horizon.

These companies need the advice and guidance of a dedicated Los Angeles retail marijuana lawyer to help them navigate the complex legal landscape, ensuring they can offer their products in a way that aligns with state and local regulations – to protect their brand and their assets. Continue reading

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