Articles Posted in Washington marijuana lawyers

The importance of residency has become a complicated ongoing issue for marijuana business owners in the state ofcannabis regulation Washington, where requirements for marijuana businesses are strict, yet muddled. What started as a residency restriction meant to control big outside mega corporations from putting local businesses at a disadvantage has led to corporations researching ways to exploit residency loopholes and limiting who longtime residents can bring on as partners. Now, due to unclear definition of what qualifies a person for residency, some are concerned how to prove their status.

You see, according to RCW 69.50.331(1)(b), one must be a resident of the state for six months to apply for a marijuana business license. Not only that, all members of the business, no matter how small the stake, must meet the same residency requirement. Further, a “partnership, employee cooperative, association, nonprofit corporation, or corporation” must be formed in Washington according to state laws and meet the above outlined residency requirements in order to be issued a license. Lastly, licensees must comply with residency requirements throughout the duration of the license. Without a firm definition on what constitutes residency, though, some businesses have been in the lurch. Continue reading

The city of Fife in Washington state has a formal ban on marijuana sales – both recreational and medicinal – despite a statewide law that allows both types of businesses. marijuana

But now, as The News Tribune has reported, one man is determined to open a shop there anyway – making it one of two marijuana retail operations that will be legally up-and-running in city limits. The reason this is possible, as the reporter explained, is because the first location is run by the Puyallup Tribe. The Native American group’s shop, which opened in what used to be a cigar bar, is situated on tribal land and therefore isn’t bound by city rules.

The second store is slated to open in a former drug store. It’s within walking distance of the tribal shop. That location is within the boundaries of the city’s authority, but the shop will be allowed in spite of the ban following an out-of-court settlement reached late last year by the owner and the city in which the owner won an exemption against the ban.  Continue reading

Lawmakers in Washington state are weighing a bill that would give parents of children prescribed medical marijuana the right to administer that medicine to their child at school. House Bill 1060 , which was filed Jan. 4th and from there referred to the Committee of Education, would also give parents the right to administer the medication on buses or at school-sponsored events. school

This would be a major victory for parents of children grappling with conditions that require medical marijuana. Some of these children have been diagnosed with conditions like autism and epilepsy, and marijuana has helped to reduce their symptoms, focus and possibly even participate in a class as any typical child would.

But of course, allowing children to use marijuana as medicine has long been a subject of controversy. It has grown increasingly accepted as there have been a number of anecdotal success stories, as well as studies that suggest children with autism, cancer, epilepsy and other conditions may have a better quality of life if they have access to marijuana therapy. In a lot of cases, it only requires a tiny amount of cannabis oil given over the duration of the day to have a substantial impact on the lives and futures of these children.  Continue reading

Nationwide, parents, medical experts, researchers, and activists have pushed for reform to help children with epilepsy gain access to medical marijuana. In an attention grabbing twist before the General Assembly, a child who was present to lobby in favor of medical marijuana testing had a seizure. According to local reports, the young girl whose family was spearheading charge to loosen medical marijuana restrictions in Virginia had a seizure at the General Assembly. Witnesses said that it was a powerful testament to the need for medical marijuana use in the state.

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The mother of the epileptic girl testified that she believes her daughter should be permitted to use medical marijuana. Based on prior experience, cannabis oil has previously alleviated and helped to curb her daughter’s seizures. Like many states where marijuana has not yet been legalized for medical use, parents and patients are becoming impatient with legislators who are resistant to changing state laws.
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For business owners in Colorado and Washington State, or even where businesses sell medical marijuana, filing taxes can be complicated. As tax season draws near, the IRS has provided guidelines for filing taxes related to marijuana profits, though they could result in a heavy burden. Currently, four states have legalized marijuana for medical use. Despite states loosening their restrictions on pot, the federal government continues to maintain that the drug is a controlled substance. The conflict between state and federal law creates the potential for criminal liability–and what about taxes?


Normal business owners will be responsible for paying state and federal income taxes, wage taxes and other expenses related to business operation. For those in the marijuana industry, filing taxes on your business means admitting to the federal government that you are committing a crime. Some have taken on this issue by filing a complaint alleging that even paying state taxes amounts to a violation of the 5th Amendment. The lawsuit challenges the taxes by claiming that you have the right not to incriminate yourself.
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Though pot is not generally considered dangerous or deadly, there have been an increasing number of 911 and poison control calls in states where marijuana has been legalized.

According to the Associated Press, poison-control centers in Washington and Colorado have seen a spike in the number of calls related to marijuana. The rise is also significant in comparison to other states who have not legalized marijuana and marijuana products for recreational use.

One of the greatest concerns for public health officials is the increase in poison calls involving injury to young children.


The uptick in calls may not have as much to do with more injury risks, but rather, legalization has made parents and caretakers more likely to call in when there is a risk of harm. While there could be an increase in access to marijuana products, including edibles, some say that the spike in poison control calls has more to do with an ease in contacting authorities regarding marijuana.

According to data presented before the Colorado legislature, the Rocky Mountain Poison and Drug Center received 151 calls related to exposure in 2014. The number of calls was up from 88 in 2012, raising concerns for a number of public health professionals.
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For recreational pot enthusiasts, one of the benefits of legalization is easy access and sale of marijuana. Despite the legalization of marijuana in Washington State, a recent USA Today report indicates that it is difficult to find pot shops in Seattle. Investigative reports found only one legal marijuana shop open in the city and finding the shop meant trekking outside of downtown into an industrial area. Even once the reporters found the pot shop, there wasn’t enough pot to fill the shelves. According to pot shop owners in Seattle, state regulations have made it difficult for growers and retailers to streamline the business.

Under Washington State licensing laws, only 60 marijuana licenses have been granted and not all of them have opened up for business. According to industry insiders, the marijuana business is tough because state laws make it challenging to grow and distribute to proper channels. In short, the legal supply is low, keeping much of the trade in the black market to avoid paying taxes. Our Orange County marijuana law attorneys are abreast of developments in the marijuana industry throughout California and nationwide. We are abreast of changes in regulations and developments in the marijuana business.
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There are a number of concerns about what effect legalization may have on communities in California and nationwide. Issues regarding driving under the influence, the danger of edibles, and other public health issues have already been raised by opponents of legalization. One consequence of legalization that no one expected is the decline of underage consumption. According to data published by the Colorado Department of Public Health and Environment (CDPHE), marijuana use among high school students has actually dropped since the drug became legal.


Colorado made the recreational use of marijuana legal at the end of 2012. Since 2001, the state has allowed medical use of marijuana with a prescription. Despite warnings from legalization opponents, the use of marijuana among high school students dropped since 2011. The survey indicated that in 2013, only 37% of students reported trying marijuana, down from 39% in 2011. Though the drop is not significant, it demonstrates a general decline in use. Our Orange County marijuana dispensary attorneys are abreast of changes in state and federal marijuana law. In addition to providing legal counsel, we are also aware of changing marijuana policies and impact on communities in California and nationwide.
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Disparate state marijuana laws can make it difficult to know when and where you may be charged with a crime. Penalties for various charges can also vary widely. Unfortunately, for travelers throughout the U.S. the checkerboard of legal versus non-legal marijuana states make predictability and prevention of an arrest or criminal charge complicated. In the event of a criminal conviction, defendants can still face significant penalties, including years or even decades in prison. For immigrants, the consequences could be more devastating, including deportation.


Taking the U.S. interstate and carrying marijuana can be a huge risk, given the varying degrees of legality, enforcement and penalties by state. Our Orange County marijuana law attorneys are dedicated to protecting the rights of our clients. In addition to providing strategic criminal defense, we also help marijuana distributors and other proprietors protect their rights and ensure compliance with California marijuana law. Our attorneys are abreast of the evolving marijuana market and the trends in marijuana law that could prevent charges or expose users and distributors to liability.
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If you need some marijuana delivered, you may just be in luck.

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Black market marijuana dealers have long offered door-to-door service in many parts of the country, but delivery is fast becoming part of the legitimate pot market as well. Indeed, all it takes is a quick whirl on Google to find dispensaries in California, Washington and other parts that provide cannabis by delivery.

Our marijuana dispensary lawyers know that marijuana is legal for recreational use in two states, Colorado and Washington.
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