Marijuana Lawyer

March 12, 2019

Los Angeles, West Hollywood, Weigh Allowing Pot Smoking in Public

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

February 4, 2019

Medical Board Revoke’s California Doctor’s License for Pot Prescription to Child After Improper Diagnosis

By Cannabis Law Group

The Medical Board of California has revoked the medical license of a physician alleged to have violated the standard of care in prescribing medical marijuana to a 4-year-old child. In the case of The Medical Board of California v. Eidelman, the case was opened seven years ago, but the board revoked his license in December. Last month, the Superior Court of California, County of San Francisco, issued an order barring the physician from treating patients under the age of 18. San Bernardino medical marijuana attorneys understand the order also barred the physician from issuing any recommendations for cannabis as a treatment for minors.

As San Bernardino medical marijuana attorneys at The Cannabis Law Firm can explain, a medical marijuana prescription is the only means by which a person under 21 can lawfully obtain cannabis in California. HS 11361 prohibits anyone over 18 from “furnishing, administering or giving any cannabis to a minor” under the age of 14, with conviction warranting a state prison sentence of 3-5 years. Both parents of children considering pursuing a medical marijuana prescription for their child as well as doctors need to be aware of how the law is applied, under what conditions an adult can be considered in violation of the law and what steps are needed to ensure your legal protection.

The state medical board issued medical marijuana prescription guidelines last April for doctors. Continue reading

January 17, 2019

L.A. Marijuana News: Bong Makers Tackle Alleged Trademark Infringement

By Cannabis Law Group

A rose by another name might smell as sweet, but turns out the name of your bong does matter, and allegations of brand heisting are turning into a big buzzkill. Companies from California to Florida have found themselves named defendants in trademark lawsuits, filed by a luxury brand German water pipe manufacturer and its licensed U.S. seller. The firms allege that their products – which can go for thousands of dollars – have become verified smoker status symbols, the benchmark for cannabis cool – and that it’s being illegally hawked by head shops across the country. L.A. marijuana trademark lawyers understand that at the the heart of these dozens of claims just in California over the pricey pipes are the ways in which the alleged infringement cost the company sales and and diluted its brand. marijuana trademark attorney

What complicates cases like this is that for now, marijuana remains illegal under federal law – specifically 21 U.S. Code Section 863. The company, which does possess a legitimate trademark, officially refers to its product as a bong, proudly advertises its awards from publications like High Times magazine and is open about its commitment to excellence in cannabis consumer goods and advocating for the expansion of marijuana legalization laws. The reason that is problematic is that products in violation of federal law cannot seek trademark protection, and many companies are reticent to go into a courtroom and testify that their primary product violates federal statute. However, the firm has managed some success in securing settlements from alleged counterfeit distributors.

Further, a company spokesman was quoted by The Associated Press as saying the firm is willing to go to court to defend these cases, and is seeking millions of dollars in damages.

December 24, 2018

Pall Cast Over Hemp Win as FDA Dubs CBD Products Illegal

By Cannabis Law Group

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

December 20, 2018

California Marijuana Lawyers Talk Practical, Legal Hurdles for Hemp Food Manufacturers

By Cannabis Law Group

Now that the 2018 Farm Bill is fresh with the president’s signature, hemp and derivatives are legal once again in the U.S. for the first time since WWII. The low-THC element of the cannabis plant (the other being marijuana) is highly versatile for use in products from lotions to clothing, as well as in medical tinctures. Los Angeles hemp product attorneys know there are still a host of regulatory and legal concerns as hemp farmers, product makers and distributors gear to launch or ramp up sales. Los Angeles hemp lawyer

The Hemp Business Journal estimates that among all hemp product categories, the annual five-year growth rate is expected to be somewhere just north of 18 percent, growing from a $390 million market this year to one that surpasses $1.3 billion by 2022.

These legal pitfalls could be especially tricky for the food and beverage industry, which already must adhere to stringent standards and oversight for food production, packaging, labeling, marketing and distribution. In some ways, our Los Angeles hemp product attorneys see this as a plus; those companies are already familiar with how these bureaucratic processes work. On the other hand, the marriage between hemp and food brings with it a whole new layer of regulation. Our cannabis attorneys can help.

Many hemp derivative products are already used by food and beverage industry, and Food Business News magazine reports indicate there will be a surge of investors exploring hemp investment opportunities in that arena specifically. The president of one hemp product company in Colorado said there is wide acceptance of the notion that there is likely to be a sharp uptick in the products that fuse hemp with functional foods and beverages. Some examples include:

Ready-to-drink coffee
Sports drinks
Energy bars
Protein shakes
Infused tea and water
Burgers
Mixed/ dried fruit and nut products
Frozen desserts

October 25, 2018

California Marijuana Lawyers Watch Local Elections for New Regulations

By Cannabis Law Group

The statewide legalization of marijuana for adult recreational use as of January 1st thanks to Prop. 64 wasn’t the end of California’s cannabis conversation. Far from it. Long-time California marijuana lawyers, businesses and policymakers are paying close attention to this November election, particularly in several local conservative strongholds set to decide whether to commercial cannabis should be given the green light to set up shop in their communities. Because while the Control, regulate and Tax Adult Use of Marijuana Act of 2016 gave the statewide blessing, it didn’t automatically open the floodgates. Local counties, cities and towns were given the option whether to allow the cannabis industry to operate inside their own borders. Los Angeles marijuana business lawyer

Many leaders saw the passage of Prop. 64 as a major hurdle clearance to legitimizing a promising, lucrative market. While most have let go of the long-debunked reefer madness hysteria of the past, the stigma still remains for some. As marijuana lawyers, we can’t wholly discount all of their concerns, though most have been met with reasonable regulatory response (though some argue certain restrictions go too far). One of the biggest compromises was to allow local control. California marijuana business lawyers and economic experts mostly concur that communities outright refusing cannabis industry access are likely to be at an economic disadvantage, though the extent isn’t yet clear.

Some examples of the dozens of cities set to weigh the future of local cannabis commerce via ballot measures Nov. 6 are rural areas like El Dorado County east of Sacramento and Hemet, a town in the Inland Empire less than an hour south of Riverside. Most areas where the issue is up for vote are expected to pass it by a wide margin, according to The Mercury News in San Jose, but in the more right-leaning regions, predictions are a toss-up. Continue reading

October 21, 2018

L.A. Marijuana Attorneys: AB 1793 Allows Cannabis Conviction Expunging

By Cannabis Law Group

When California voters approved legalized marijuana for recreational purposes, one of the most important impacts of that was the fact that criminal prosecutions for many cannabis crimes would no longer be an issue. But that didn’t necessarily help the hundreds of thousands with the stain of a criminal offense on their record. Orange County marijuana lawyers understand Assembly Bill 1793 should help address this. However, the impact won’t necessarily be immediate, and those with criminal records due to marijuana may still want to seek the advice of attorney for purposes of expediency and fairness.

Approved by the majority in the California legislature and the governor on Sept. 30, the law (which creates creates Section 11361.9 to the California Health and Safety Code) is in direct response to the Control, Regulate and Tax Adult Use of Marijuana Act, and requires the Department of Justice by July 2019 to review state records and identify those prior convictions that may possibly be eligible for recall, dismissal of sentence, dismissal, sealing or redesignation under the new law. The state Justice Department will then be required to notify prosecutors of all cases in their jurisdiction that meet this requirement. Then prosecutors must, by July 2020, review all those cases to ascertain whether they wish to challenge the DOJ’s recommendation. If there is no challenge, the bill requires the department to modify the criminal history information in its database in accordance with the bill within 30 days (by July 31, 2020), and to update the post on its website. The state will be required to reimburse local agencies and school districts for whatever costs are incurred by the state as a result of putting this law into effect.

The state will prioritize cases of those individuals currently serving a sentence or who proactively petition for recall or dismissal of sentence, dismissal and sealing or redesignation (emphasis added). That means that if you take matters into your own hands to ask the state to make your case a priority – and complete the process sooner – you may well have your record cleared before the July 2020 deadline. That could be major for many people with existing criminal records, who may be prevented from important educational, career and housing opportunities, as well as those who may be in the midst of a child custody dispute during which a drug conviction could adversely impact the outcome. Continue reading

October 17, 2018

L.A. Marijuana Lawyer Discusses Implications of Canadian Legalization

By Cannabis Law Group

Our neighbors to the north formally legalized marijuana for recreational use as of today, Oct. 17, 2018. Canada, seemingly more well-known for its syrup, cold winters and mounties, is now likely to become even better known for its easy access to marijuana. Our L.A. marijuana lawyers understand there may still be numerous questions pertaining to how international relations will work – everything from individuals traveling with the drug to how businesses interact in the course of international commerce.

The impact of the heralded Cannabis Act creates uncertainty on both sides of the border. Americans want to know how the law might affect them when crossing into Canada and reentering. Canadian business people (particularly those in the cannabis industry) and tourists may have concerns for who they will be treated at the U.S. border.

Our L.A. marijuana lawyers would encourage anyone with specific questions – particularly as it relates to a cannabis business – to discuss these with an attorney before taking any action. Similarly, someone facing any type of criminal charges or other legal action should consult with a lawyer first. That said, here are a few general answers that may help clear the air. Continue reading

September 25, 2018

Marijuana Business Breakup Heads to Court

By Cannabis Law Group

As the marijuana industry becomes more mainstream, our L.A. cannabis business lawyers are seeing many of these companies facing down similar legal challenges as other traditional companies. These include employment lawsuits, business partnership disputes, injury and premises liability litigation and more. However, many of these cases are even more complicated by the fact that the industry is so highly regulated at the state and local level, and of course the fact that their primary product is technically illegal under the federal Controlled Substances Act. business attorneys

Recently in Oregon, a marijuana business owner filed a lawsuit to ask his nephew and former business partner to halt harassment after the business relationship went downhill in the wake of major crop losses. According to Oregon Live, he is seeking $700,000 in damages. In a separate lawsuit filed by attorneys for the marijuana business itself, plaintiff alleges the nephew and one-time co-owner, of defamation and trademark infringement. The company alleges defendant’s inability to produce a marketable flower with any degree of consistency cost the company several million dollars, and is seeking $2.6 million in compensation.

Plaintiff alleges that the flowers grown under defendant partner’s care were total losses in terms of a shelf-worthy flower, and that this was the result of breach of contract on his part. The company owns and operates a production facility on more than 80 acres in Central Oregon, as well as a retail store in a downtown area. The company seeks to grow with retail locations in three other cities, including Portland, where it has applied for a license. Continue reading

September 11, 2018

Is Marijuana on the Ballot in Your State This November?

By Cannabis Law Group

All eyes in the cannabis community will be on four states this November as ballot initiatives could add more states to marijuana lawyer the growing list of places where either recreational or medical marijuana is legal. Two of the states — Utah and Missouri — currently have no marijuana protections and would be looking to add medical. The inclusion of these two would bring the number of states with some form of legal cannabis to 32. Meanwhile, Michigan and North Dakota are no strangers to marijuana legislation, each one already having medical marijuana permissions in place while looking to move forward into recreational cannabis in November.

According to The Motley Fool, early polling shows Michigan is expected to be a close call in their ballot initiative to legalize recreational marijuana. Proposition 1 would permit use and possession of marijuana for those 21 and older as well as sales and taxation on those sales. Under the measure, 12 plants would be allowed for personal growth in private residences. Like California and other states, though, cities and local governments would have the right to ban or regulate businesses in their jurisdictions. A 10 percent excise tax on retail sales would go toward education and be divided among local coffers. Continue reading