Articles Posted in Marijuana Lawyer

The cannabis industry’s first anti-trust case to reach trial was decided in favor of pot shop owners who alleged they’d been illegally edged out of the market by a would-be competitor’s unfair business practices. Jurors awarded $5 million (tripled to $15 million under the Cartwright Act) plus attorney’s fees. Los Angeles cannabis business lawyer

In Richmond Compassionate Care Collective v. 7 Stars Holistic Foundation, an independently-owned dispensary, RCCC, in Contra Costa County, sued the owners of the Richmond Patients’ Group (RPG) over allegations of conspiring to block RCCC from opening a new shop. Evidence presented at trial included evidence the defendant impeded access to the finite amount of commercial property zoned for medical marijuana distribution.

Plaintiffs argued the defendant, a potential competitor, intentionally thwarted their opportunities by submitting fraudulent letters of intent, leases, and purchase agreements to landlords of commercial properties, effectively tying up those spaces until RCCC’s permits became expired. (Local ordinance in Richmond, Calif. requires cannabis shop permit holders open up a shop within six months or lose their permit.)  The defendants reportedly even went door-to-door, trying to persuade landlords to avoid leasing to RCCC. Defendants also made efforts to compel a change in city ordinance that would reduce the number of cannabis permits available (in this, they were successful). RPG was also accused of trying to influence city officials to deny RCCC’s licensing permit.

As our Los Angeles cannabis attorneys can explain, trying to compel a change in local ordinance or state law isn’t illegal. But the plaintiffs underscored it as evidence of the defendant’s purpose and intention with regard to the other actions.

RCCC alleged RPG’s efforts ensured they were closed off at every turn by RPG’s actions and eventually lost their permit – and millions of dollars in investments and potential profits. This, they allege, was in direct affront to the California Cartwright Act, the state’s antitrust law prohibiting efforts to block fair competition in the free market. Continue reading

Our Southern California cannabis lawyers have been carefully eyeing the legal developments happening at the federal level, with Senate Majority Leader Charles Schumer of New York recently releasing draft legislation that would legalize marijuana in the U.S. Los Angeles marijuana lawyer

It’s called the Cannabis Administration and Opportunity Act. It’s similar to a bill passed by the House in December. The House’s approval of such a measure isn’t surprising, given its political makeup. The Senate, however, is much more conservative and a different story. How good of a chance does a measure like this actually have of becoming reality?

A poll conducted last year by the Pew Research Center reveals 6 in 10 Americans favor legalizing pot for both medicinal and recreational use. However, the majority party in the Senate has a lot on its plate, with presidential priorities being immigration, policing and infrastructure. Cannabis isn’t on that list, but that doesn’t necessarily mean it won’t have forward momentum. Continue reading

Adults in California can smoke marijuana (or consume it a myriad of other ways) without fearing jailtime. However, use after-hours can still have adverse consequences for one’s employment prospects. A new bill introduced in the state legislature would change that, five years after voters legalized recreational cannabis. California marijuana employment lawyer

As longtime Los Angeles marijuana lawyers also well-versed in California employment law, we recognize this could be a substantial benefit not only for workers, but cannabis companies as well.

Assembly Bill 1256 would put a stop to the common practice of common employers who require workers to be tested for marijuana use. It would also prohibit employers from using certain kinds of evidence of prior marijuana use (urine tests, hair follicle tests, etc.) from being used to discriminate against the worker or denying them employment opportunities. The measure is sponsored by California NORML. Continue reading

Renewed hope of federal marijuana legalization in 2021 have been restored after several senators – including Senate Majority Leader Chuck Schumer – recently vowed to press forward with expansive legislation to end U.S. prohibition on cannabis. As our Los Angeles marijuana lawyers can explain, this is the next logical step given that so many states – including California – have already lifted prohibition (albeit to varying degrees). marijuana legalization

The reform that Schumer and other lawmakers are discussing would also have a restorative justice element for those previously convicted of marijuana-related offenses.

The failed “War on Drugs” has inevitably proved to be a war on people (namely, people and communities of color). Ending prohibition is essential, but it’s really just the start. Some of the damage can never be undone, but restorative justice measures that erase criminal records for non-violent marijuana-related offenses is necessary to begin turning the tide and helping the communities that have been decimated by these drug policies.

Los Angeles marijuana lawyerNew product liability concerns have cropped up since regulators announced that California marijuana vape pens seized from illegal shops in Los Angeles were laced with hazardous additives. USA Today reports the ingredients included a substance that has been associated with a fatal, vape-related lung illness.

State officials with the California Bureau of Cannabis Control reportedly confiscated an estimated 10,000 vaping cartridges from unlicensed retailers of marijuana in a series of raids last month. The test results of those products is just now being completed, and authorities report 75 percent of those cartridges contained chemicals that were not disclosed to consumers or regulators. One of those was the vitamin E acetate, the agent used for thickening the compound that has been cited by the U.S. Centers for Disease Control and Prevention in an estimated 60 deaths and 2,600 illnesses in all 50 states.

If anything, our Los Angeles marijuana business lawyers see this as a warning to consumers to limit their purchase of marijuana products to licensed retailers. Black market marijuana products may be cheaper, but the potential cost to one’s health seems hardly worth the risk. As the CBCC pointed out in a recent release, retailers that have been licensed are required to submit their products to extensive laboratory testing to ensure they meet state labeling and consumer safety standards. Continue reading

When it comes to cannabis conflict between state and federal marijuana laws, college campuses are fast becoming a key battleground. Challenging decades-old drug policies at universities across the country, students (and former students) in states where the drug is legal are taking their schools to court over marijuana-driven discipline. college cannabis lawyer

Our Los Angeles marijuana lawyers can explain that numerous schools have taken action against students for using the drug in violation of campus rules. Representatives for the schools say they have little choice. They risk the loss of invaluable federal dollars if they violate U.S. law, which considers the drug a Schedule I narcotic – something highly dangerous, addictive and with no medicinal value.

This has been a particular problem for those studying certain medical specialties (including nursing) who must submit to random drug testing according to to school policy. Continue reading

cannabis lawyerA California-developed online tool, called ‘Clear My Record,’ which helps people with eligible convictions clear their criminal records, is set to change the lives of hundreds of thousands of Americans previously convicted of marijuana related crimes.

In 2016 when Californian voters legalized marijuana, state officials hoped to reverse decades of marijuana convictions. Especially convictions making it difficult for people to secure substantial employment. And particularly because those affected most disproportionately by marijuana criminal convictions hail from low-income minority groups.

Now, thanks to a new technology, California prosecutors can quickly overturn or lessen approximately 220,000 old marijuana convictions.
Continue reading

Magic MushroomsWith the 2020 ballot fast approaching, California activists are keenly working towards securing a measure that would decriminalize psilocybin, also commonly known as ‘magic mushrooms.’

Together with the required $2,000 fee, an advocacy group by the name of Decriminalize California submitted ballot language to the state attorney general’s office in September. Now the activist group awaits approval from the attorney general on both the official measure title and summary it submitted. Such a response is typically granted within 65 days, and if approved, the measure will be green lit to begin seeking signatures.

At that point, within 180 days of receiving the attorney general’s approval of title and summary, the Decriminalize California group must collect 623,212 valid signatures before the measure qualifies for the California ballot. Continue reading

In January, the state of California kicked off an online rollout of its marijuana inventory tracking system. At a glance, marijuana businesses across the Golden State appear to be successfully reporting product inventory each day, via the California Cannabis Track-and-Trace (CCTT) system. But not without some growing pains.

To start, the idea of tracking marijuana traveling throughout the supply chain sounds simple enough. In theory, all cannabis products would be given unique identification numbers, noting from which ‘batch’ or ‘lot’ they were born. Products would then be sent to labs for testing. Next, approved products would be passed from producer to distributor, and finally to retailers for sale. At each step, the state should be able to track each piece of marijuana as it moves through the chain, making sure nothing is being redirected out of state, and ensuring everybody is paying their required taxes.

California Cannabis Lawyers

But in practice, a few hiccups quickly come to light. First up, only businesses holding ‘provisional’ or ‘annual’ licenses are required to subscribe to the track-and-trace system. And until last month, there were more than 600 marijuana businesses operating on ‘temporary licenses,’ who would not have had to track-and-trace. This means, there was no way regulators could comprehensively account for every legal product moving about the state.

Continue reading

California cannabidiol (CBD) products are on the map, and investors are taking notice. But given that CBD-infused products are still relatively new to market, regulators continue to closely review the category. For this reason, acquisition strategies may be a ways off yet, but industry insiders predict consumer companies will see high minority investment interest in the short term.

CBD is naturally found in cannabis plants, and is widely known for its relaxing properties. But CBD won’t produce a ‘high,’ as it lacks the psychoactive tetrohydrocanabidiol (THC), found in marijuana.  CBD-derived products have quickly grown in popularity, thanks largely to a wide range of potential health benefits, including relieving pain, anxiety, seizures and brain injuries.

California Cannabis Investors

According to Michael Lux, partner at Crowe accounting firm, the next 6-12 months will involve strategic minority investments in the CBD space. He noted too that while the majority of CBD companies are of interest to investors, they are still less than five years old, so they’d likely need a little more time before preparing to engage in full exit strategies.

Continue reading

Contact Information