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Recreational marijuana use has been legal in California now for little more than a year, but access to the drug remains scarce in some regions. That’s why some – including those who seek non-psychoactive CBD oil – are relying on a technology app called Weedmaps to help them locate the nearest provider. Our Los Angeles marijuana attorneys are aware this has generated a few problems stemming from the fact that a number of the providers listed on the platform aren’t legally allowed to operate by the state and have not been subjected to the same rigorous quality assurance regulations as legal marijuana businesses.marijuana lawyer

From a patient’s perspective, that means the product they are receiving may not be 100 percent safe or accurately-labeled with proper potency levels. From the perspective of marijuana businesses, these other companies have carved an unfair advantage over them because they operate in regions they do not and/or have not had to pay the mountains of fees for taxes, licensing, workers’ compensation and quality assurance testing. From the state’s perspective, these businesses are flouting the regulatory framework of the law.

As reported by Wired.com, marijuana businesses can list their services on the site for free, but top billing requires an advertising fee. Some companies pay as much as $20,000-a-month for top-level billing on the site, which doesn’t vet firms to see which are technically legal and does not indicate those pot shops that pop up first on the site have paid for that placement.

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. medical marijuana attorney

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

Marijuana first became legal for recreation among adult users in January 2018. With that, Los Angeles marijuana tourism is taken off, with several ancillary businesses cropping up specifically catering to those who are here for the cannabis. Among the various companies that have entered the fray:

  • Shops
  • Lodging
  • Tours (including bus tours)
  • Marketing

Some tours offer scenic drives, glass-blowing demonstrations, food, a chance to smoke with Tommy Chong and more. marijuana tourism attorney L.A.

Los Angeles marijuana tourism attorneys know that some firms had a bit of a struggle making their way into the fray, given that legal marijuana is approximately 35 percent higher cost than what is available on the black market. Medical card recipients pay a bit less, given that they aren’t subject to the state excise tax. Aside from them, people who come to California specifically for this purpose don’t seem to mind too much paying the extra cost, given that they’ve come for the experience – and to revel in the ability to enjoy their buds without worrying about a bust.

Companies latching themselves to these opportunities have the potential to make decent profits – but only if they can establish themselves in a way that minimizes the risk of their own liability. That includes, firstly, the potential liability that any tour company catering the imbibing crowd might need to consider. Continue reading

California’s marijuana industry is seeing some major money, with investors pouring millions of dollars into new bud ventures. Recently, Esquire reported San Francisco 49ers football legend and four-time Super Bowl champion Joe Montana was part of a $75 million investment made on a California marijuana company. Our Los Angeles marijuana investment attorneys know this was actually the second time Montana had gone in on such a venture, the first time pouring funds into a Canadian marijuana media company called Herb, which as of mid-2017 had raised $4.1 million to expand its venture to the U.S. Los Angeles marijuana lawyer

Montana explained his reasons as somewhat philanthropic, saying he supports the industry as a whole because he believes in the power of the plant to offer pain relief with the potential to blunt the raging opioid crisis. (A number of retired football players have said they prefer pot for pain management.) And yet, he himself won’t cop to being a cannabis user, something that still apparently speaks to the stigma that followed the drug for so long. There is also a possibility that he, like many marijuana investors, is reticent to speak too much no the topic given the fact the drug is still illegal at the federal level.

Los Angeles marijuana investment attorneys know that first of all, the profile of cannabis company investors differs from that of the norm. Part of this is because many of the cannabis start-ups are simply too small to go for the big fish. What they can do is seek buy-in from single, high net-worth individuals. Another reason these arrangements are atypical is because investors need to know there are some elements that are a bit in the legal gray zone. Huge firms aren’t likely to buy-in for such a risk with relatively low returns (compared to their average). Most of this stems from the fact cannabis remains categorized as a Schedule I narcotic.  Continue reading

The appointment of Jeff Sessions to the office of U.S. Attorney General had many pro-marijuana advocates in California and throughout the country on edge. Sessions was known to take a hard line against all drugs, and marijuana was no exception. Those fears were confirmed when Sessions formally rolled back the Cole Memo, a federal directive under the Obama administration not to pursue criminal actions or civil forfeiture against marijuana businesses that were abiding state law. Sessions even declared at one point that people who use marijuana were “not good people.”Los Angeles marijuana business lawyer

After Sessions resigned (forced to leave, one could argue), there was concern President Trump’s next appointment would be more of the same. Those fears weren’t quelled when he named Bill Barr to take the post. TheGrowthOp dubbed Barr, “a well-documented drug warrior.” Barr previously served as attorney general during the George H.W. Bush administration, and during that tenure garnered a reputation for escalating the drug war back in the 1990s. He’d called for the construction of more U.S. prisons in order to lock up more drug offenders, most of whom were in hot water over crimes related to marijuana. It didn’t seem like much would change after he signed a Washington Post editorial published in November came out in swinging support of Sessions, calling him “outstanding” and praising him on his tough-on-crime approach to drug dealers.

But then, as reported by VOX, Barr responded to U.S. Senators preparing to hold his confirmation meeting that he would not be pursuing a crackdown against legal marijuana if he attains the position. He wrote, “I do not intent to go after parties who have complied with state law in reliance on the Cole Memorandum.” He clarified it was possible he might seek further guidance from the administration on this approach, but that such matters were ultimately guided by the legislature, not the administration. He personally, however, is opposed to marijuana legalization. Continue reading

Lawmakers in California are exploring ways to ease the financial pressure many pot companies are under, with many saying lowering taxes on cannabis products being one of the best ways to facilitate real competition against the black market. Our Los Angeles marijuana lawyers know this has resulted in serious struggle for some shops in the last year since recreational marijuana hit the market. The AP reports a number of marijuana industry-backing state legislators have proposed a measure that would cut taxes for these firms and offer a much-needed jump-start needed to get back in the game.Los Angeles marijuana lawyer

Assembly Bill 286 proposes to:

  • Temporarily lower from 15 percent to 11 percent the tax legal buyers pay when they purchase from a California dispensary
  • Ax the nearly $150 tax applied per pound on farmers – at least for the next three years.

Analysts say sales of legal marijuana in the last year from $3 billion in 2017 to $2.5 billion in 2018. This is of huge concern because in 2017, the only kind of marijuana available for purchase was medicinal. Recreational marijuana wasn’t available for retail until Jan. 1, 2018.

Legislators opined the high taxes were hurting the companies that are trying to follow the law by creative cash incentive for consumers to seek black market retailers. This was the incentive for the Temporary Cannabis Tax Reduction bill.  Continue reading

The California marijuana industry and those who advocate on its behalf have fought tooth and nail for every inch of its legitimacy. Now, our Los Angeles marijuana lawyers know we may be facing the biggest hurdle yet: Getting legal buyers in the door. Los Angeles marijuana lawyer

The New York Times recently reported anticipated tax revenue drawn in by the California legal pot market were disappointing. Although the industry generated more than $2.5 billion last year, the state still overshot its anticipated take by more than $100 million. Even worse – that figure was half a billion less than sales in 2017 – when recreational marijuana wasn’t even legal in California yet.

It’s not that pot shops don’t want to pay the piper. The problem is that at rates that high ($150 per pound on cultivators and 15 percent by recreational retail buyers) it creates incentive for consumers to buy their buds from elsewhere. It also doesn’t help that the regulatory requirements laid out by the Bureau of Cannabis Control require extensive testing of products, which also costs a pretty penny. This two combined are taking a financial toll that has meant that buyers of recreational marijuana are paying significantly more for legal cannabis – and most would rather not if there is an alternative.  Continue reading

A lawsuit by the California Growers’ Association over the stacking of licenses by small-scale cannabis farmers to allegedly create large-scale grow sites, thereby subverting the intent of Prop 64, will be dismissed. Although neither the association, nor the California Department of Food and Agriculture (case defendant) have commented publicly on the motive for moving for dismissal, a couple of the growers who were the subject of litigation, having some 200 licenses each, say California is big enough to support small and large operations alike. Smaller growers, they say, can carve a cult-like following by capitalizing on the artisanal. Commercial production for things like medical-grade CBD and related products, however, can’t be produced practically for a profit by small-scale operations, they said.growoperations-300x169

As our Los Angeles marijuana attorneys can explain, the state’s Department of Food and Agriculture published its final rules for awarding marijuana grow licenses per Proposition 64, with licenses granted according to the size of the farm.

Licenses for “medium-sized” cannabis farms would allow one person or entity a maximum 1 acre outside or 22,000 square feet indoors. “Large” marijuana grow farms (larger than 1 outdoor acre or 22,000 feet of indoor space) aren’t being awarded until 2023, the idea being smaller, mom-and-pop grow operations will get a head start before the large agricultural companies can come storming in. There was, however, no designated license for “small” farms, at least initially. Continue reading

A final rule from the California Bureau of Cannabis Control went into effect this month permitting delivery of cannabis anywhere in the state – even in cities where cannabis has banned. It was no secret the California League of Cities was majorly opposed to this, and last summer submitted an open letter to the cannabis control regulation office arguing the regulation – Section 5416(d) – undermined the ability of local agencies to set their own community standards. The BCC moved forward with the proposed rule anyway, and now our L.A. marijuana delivery attorneys are monitoring the situation, as cities appear poised to duke it out in court.

Meanwhile, amid a spate of arrests by the California State Highway Patrol of marijuana delivery drivers and seizure of their cannabis company goods, the California Office of Administrative Law issued a ruling last week issued a ruling clarifying how marijuana distributors should move about the state. This new rule affirmed the BCC’s regulation indicating these operators can deliver to any jurisdiction, provided the delivery is conducted in compliance with all the BCC’s delivery provisions in place at the time. L.a. marijuana delivery lawyer

It’s been over one year since California opened the largest U.S. retail market for recreational marijuana. Nobody disputes that limited personal possession and private use of the drug is legal almost anywhere (with some restrictions allowable for federal buildings and property, landlords and private property owners). However, the restriction of cannabis sales is within the purview of local communities, per Prop 64 (the measure voters approved in legalizing recreational use marijuana). The question is where deliveries fall in all of this because while it does equate to distribution, actual sales occur elsewhere.

And of of course, as our L.A. marijuana delivery attorneys know, rules for marijuana delivery are likely to be hard-fought as well.

Continue reading

Standalone CBD shops – those selling oils or other products made solely from cannabidiol (a chemical compound found in the cannabis plant that does not contain the psychoactive elements of THC) – are not expansive in California, but they have gained footing in some cities that have otherwise banned full marijuana dispensaries. They are also proving popular options in states where the drug itself may not yet be legal, particularly in light of the recent passage of the federal Farm Bill, which included provisions that legalized hemp, from which CBD oil can be obtained. L.A. CBD business attorney

Los Angeles CBD shop attorneys understand that while these little stores are outnumbered by the full-service cannabis dispensaries in the city hundreds-to-one, these store owners say they were drawn to the business primarily for the health benefits and variety of products (salves, tinctures, creams, edibles, soft gels, tinctures and more), but also for the reduced legal risk and ease in securing insurance and funding. One in L.A., for instance, sells only hemp-made CBD oil expressly for this purpose Shops that sell only CBD aren’t required to have the pricey licensing, as is required by legal cannabis dispensaries in California.

Such stores have also opened in Missouri, Texas, Kansas, Arkansas, North Carolina, Minnesota, Louisiana, Florida, Georgia, Mississippi and Ohio. What the Farm Bill, signed in December by the president, did was remove hemp from the list of controlled substances, allowing states to freely allow permanent cultivation programs, and farmers can be eligible for crop insurance and grants.  Continue reading