Marijuana Lawyer

September 10, 2018

Talking to Your Government Representative About Marijuana

Californians have led the charge on marijuana legalization for decades, but even though both medical and marijuana law recreational cannabis are legal in the state, the fight is not yet over. What can you do to help further marijuana legalization? As it turns out, quite a lot.

The passage of Proposition 64 and its predecessor, The Compassionate Use Act of 1996, were both clear examples of how civic participation could change the narrative for marijuana in California and the rest of the country. Many thought after those laws were passed, their work would be done. After all, California now has some of the most robust marijuana legalization efforts in the whole country.

For many in the state, however, it might barely feel like it’s legal at all. As our skilled attorneys can explain, that is because of parameters built into state law that allow local jurisdictions to enforce their own regulations or bans. Cities are not allowed to ban personal use or small personal grows in residents’ own homes, but everything else is pretty much fair game. Many cities have no sales and no cultivation … they won’t even allow testing labs or processing facilities within city lines. In fact, 40 percent of Californians have to drive at least 60 miles to find a legal dispensary. This simply is not a reflection of the will of the people. Continue reading

August 8, 2018

Country of Georgia Makes Marijuana Use Legal; Is U.S. Next?

By Cannabis Law Group

The country of Georgia has made it legal to consume marijuana, though it is still illegal to cultivate or sell. Georgia is marijuana lawyers now officially the first former-Soviet Union nation to lift such a ban, according to a report from Newsweek. The change came down from a decision from the country’s constitutional court, which determined punishment for consuming marijuana is only applicable if a third party is at risk. By revoking the right of officials to punish individuals for consumption of marijuana, the court in essence made it legal.

The court did not appear to take a stance one way or another as to whether marijuana was dangerous or not. At the heart of the ruling, in fact, is the idea that it is not up to the law to punish people who are not hurting others. If the only person potentially experiencing harm by the use of cannabis is the user, then the government has no business interfering. The court deemed this to be a restriction of individual freedom. While this ruling still implies that there is harm that one could do to oneself by using marijuana, it does get to the heart of one of the many arguments in favor of legalization: Shouldn’t people be able to make personal decisions so long as they are not harming others?

July 7, 2018

Recreational Marijuana Use Legal in Vermont; Sales, Not So Much

By Cannabis Law Group

Recreational marijuana is now officially legal in Vermont, but it looks quite a bit different than it does in California. According to Associated Press, the new law that recently went into effect did not include provisions for how to tax and regulate marijuana production. As our marijuana attorneys can explain, this means while residents can possess and consume cannabis, they cannot open up a business to sell recreational products.

Broken down into more precise terms, this is what adult-use legalization means for those in Vermont. Residents are allowed to have four immature cannabis plants and two mature plants in their homes, so while it’s true there are no stores to purchase from, marijuana can be grown at home. Plants must be in enclosures that are secure and obscured from public view. Renters, however, must have permission from their landlords before they are allowed to begin a grow. Those 21 years and older are allowed to possess up to one ounce of marijuana, but it cannot be consumed in public spaces. Continue reading

May 30, 2018

Judge Calls Florida Medical Marijuana Smoking Ban Unconstitutional

By Cannabis Law Group

A judge in Florida’s Leon County Circuit Court has struck down a ban on smoking medical marijuana in the state, calling it unconstitutional. People United for Medical Marijuana Inc. v. Florida Department of Health challenged a smoking restriction lawmakers added to regulations for medical marijuana. Plaintiffs cited medical cases in which smoking cannabis was beneficial to the patient, including a woman who smoked marijuana as part of her treatment for ALS. She testified her doctors never objected to her smoking and were impressed by the ways she showed improvement after smoking.

In November 2016, voters passed Florida Medical Marijuana Legalization Initiative (or Amendment 2) with the required super-majority it needed to amend the state constitution. The ballot initiative called for the legalization of medical marijuana “for individuals with specific debilitating diseases or comparable debilitating conditions as determined by a licensed state physician.” Power to set regulations went to the Legislature, which compiled a list of eligible diagnoses the following year that would be qualified for medical marijuana recommendations. Lawmakers also added verbiage to SB-8A about how cannabis could be administered, which specifically banned smoking.

April 14, 2018

Google, Facebook Won’t Friend Cannabis Business Ads

By Cannabis Law Group

For many cannabis businesses, social media seems like the ideal place to advertise. Facebook provides many tools for advertisers that allow them to focus their audience in a way that would be extraordinarily beneficial for marijuana products and dispensaries. They would be able to narrow down the viewers to only include people in states where cannabis is legal. They would also be able to add age restrictions, ensuring as much as possible that minors would not be exposed to the ads. It’s really a win-win, except for one very annoying catch.

Marijuana businesses are prohibited from advertising on Google or Facebook.

A recent report from Washington Post examined the challenges marijuana businesses face advertising to their customers while pot remains illegal under federal Controlled Substances Act, 21 U.S.C. Section 812. The act outlines guidelines by which to classify certain drugs based on how dangerous a risk they pose, whether they have any medical benefits, and if they are addictive. Currently, marijuana is Schedule I, the most restricted classification on the list, despite no evidence it fits any of those qualifiers. That very same act (under Section 843) states “It shall be unlawful for any person to place in any newspaper, magazine, handbill, or other publications, any written advertisement knowing that it has the purpose of seeking or offering illegally to receive, buy, or distribute a Schedule I controlled substance.”

So how are there so many marijuana ads out there?

February 1, 2018

Vermont Governor Signs Recreational Marijuana into Law

By Cannabis Law Group

Attorney General Jeff Sessions recently rescinded an Obama-era Department of Justice memo, which directed federal prosecutors to lay off cannabis Orange County recreational marijuana charges in states where activity is legal. This has effectively opened the doors for officials to pursue legal action against operations per the federal Controlled Substances Act, 21 U.S.C. Section 812, even though they are abiding state laws.

That isn’t stopping states, though, from pressing forward with marijuana legalization.

Vermont is the latest state to make recreational marijuana legal for adult use, joining California, Colorado, Washington, Oregon, Maine, Massachusetts, Nevada, Alaska, and Washington, D.C. But what makes Vermont unique is that this is the first recreational marijuana law passed through legislation rather than a ballot initiative, according to a report from Huffington Post. This was necessary, however, because the state does have a system for voting on such measures. Continue reading

January 25, 2018

Sessions Rolls Back Directive Protecting State Marijuana Laws

By Cannabis Law Group

It’s no news that U.S. Attorney General Jeff Sessions has strong feelings about the cannabis industry. Since his Marijuana Lawyers appointment almost a year ago, he has promised to uphold federal cannabis law, which classifies marijuana as a Schedule I narcotic under Controlled Substances Act, 21 U.S.C. Section 812. This path is in stark contrast with the narrative in the rest of the country: 30 states as well as Washington, D.C., have some form of marijuana legalization on the books. Eight of those states (including California) and the District of Columbia allow recreational marijuana sales and use, with more planning ballot initiatives and legislative votes in 2018.

Up until now, those states have been able to manage their marijuana laws as they saw fit without meddling from the federal government thanks to a directive put in place at the Department of Justice during Barack Obama’s presidency that discouraged enforcement.

However, Sessions recently rescinded that directive, opening the door for prosecutors to go after states that have established legal cannabis. Continue reading

January 4, 2018

Cannabis Regulations Drafted in Massachusetts

By Cannabis Law Group

Thirty states across the nation have joined the wave of cannabis legalization, either medical or recreational. Orange County Marijuana Regulations Attorney California, the first state to legalize medical marijuana in 1996, has legalized recreational sales and use as of the beginning of the year thanks to the Adult Use of Marijuana Act.

Our legal team at the Cannabis Law Group of Orange County is closely familiar with the regulations necessary to make such legalization possible, and the many variations of permits and guidelines required to operate from city to city, county to county, and of course, state to state, with considerations for the bans that still exist on the federal level.

Now Massachusetts is joining the great state of California on the path to recreational marijuana legalization with a new draft of cannabis regulations being approved by the state’s Cannabis Control Commission. Voters passed Question 4 in 2016, and An Act to Ensure Safe Access to Marijuana was signed into law by the governor of Massachusetts in summer of 2017. Continue reading

January 1, 2018

Employers Revisiting Policies on Marijuana

By Cannabis Law Group

California was the first state to legalize medical marijuana in 1996 through ballot initiative Proposition 251. Since then, the topic of drug policies in workplaces has been an ongoing debate, with many questions as to whether California marijuana lawyers employers could (or should) enforce zero-tolerance drug policies against employees with medical cannabis prescriptions.

These debates culminated in the 2008 California Supreme Court decision stating that Proposition 251, known as the Compassionate Use Act of 1996, did not protect employees who have been tested positive for marijuana in their system, even with a prescription. Some legislators have tried to implement protections for employees since then, but for the most part, employers have final say.

But with the tides turning on perception of cannabis use and Proposition 64 going into effect statewide Jan. 1, 2018, making recreational marijuana legal in California, it is time once again for employers to re-evaluate their stances.

December 24, 2017

Marijuana Business Partnerships with Casinos Could Be a Big Win

By Cannabis Law Group

With the vote to begin recreational marijuana sales in California, cannabis business owners must navigate new waters to establish themselves with consideration of local and state laws. They also must circumvent federal laws, which still prohibit marijuana sales and use.

Another major consideration that is coming into play is how to co-exist with other businesses. Partnerships between mutually beneficial businesses can be highly profitable for all parties involved. However forming such deals can be tricky given the perceptions around the cannabis industry as well as non-cannabis businesses wanting to remain compliant with all relevant laws.

Before joining forces with sister businesses, it’s important for cannabis entrepreneurs to speak with a marijuana lawyer with an expertise in laws to guide you in best practices for a partnership. Continue reading