In one reason case, a small van transporting about $15,000 of marijuana wholesale – locally grown, certified and state-legal – from Imperial County to a state-licensed dispensary about three hours north. However, it was stopped at a Border Patrol checkpoint on the highway – 20 miles from the actual U.S.-Mexico boarder. The distributor reports federal agents seized the entire load.
Driving under the influence of any drug is never advisable. Still, most California cannabis DUI lawyers will tell you that a positive THC test on its own usually isn’t enough to build a criminal case against a driver. That’s because THC, the psychoactive compound in cannabis, not only stays in the system for a long time, it also intoxicates in small quantities. That makes it harder to detect than alcohol. Further, even a positive test showing high THC levels is a poor means of determining actual intoxication.
As our Los Angeles cannabis criminal defense lawyers can explain, the fact that someone tests positive for THC only shows that they used it at some point, but that could have been an hour ago, last night or last week. This has long been the bane of police and prosecutors in these cases, though some states have established arbitrary THC-blood concentration limits anyway.
Now, an Oakland business says they have a remedy. They are ramping up for the release of a new marijuana breathalyzer test that purportedly is able to nail down whether a motorist’s pot use occurred within a three-hour window. The company, Hound Labs is reportedly slated to start up a marijuana breathalyzer pilot program in Oklahoma, approved just last month by state lawmakers and the governor. California cities are eyeing the technology too.
The makers of this and other similar devices say it could also be used by employers who want to make sure their workers aren’t high on the job. This might be of particular interest to those who operate trucking, construction and warehousing operations.
Still, it’s not exactly clear how the device works and how accurate it is. While the program is still operating as a pilot, the THC concentration results won’t be admissible in court. Continue reading
Calls around the country to “defund the police” have been growing, with social activists decrying the systemic racism apparent in the criminal justice system and insisting many of the problems we trust to law enforcement agencies can be better handled by social service networks. Meanwhile, California’s Bureau of Cannabis Control has been looking to hire more law enforcement.
The Sacramento Bee reports the BCC’s latest budget request calls for the creation of nearly 90 new police officers who would be tasked with enforcing the 2016-passed Prop. 64, which legalized recreational marijuana. This new branch of law enforcement would involve absorbing nearly 60 positions (47 sworn) from the Department of Consumer Affairs’ Cannabis Enforcement Unit and then hiring about 30 more. Continue reading
The California marijuana delivery services lawsuit was originally scheduled for April, but was pushed back because of the novel coronavirus outbreak. It is now on track to be heard next month in the Fresno County Superior Court. The California Attorney General’s Office, filing a brief on behalf of the state’s Bureau of Cannabis Control, used the word “bizarre” to describe the effort to overturn state policy permitting marijuana deliveries regardless of local bans or rules.
As our Los Angeles marijuana business attorneys know, most of those in the industry are in favor of a statewide delivery option. However, 25 localities have formally objected to the policy. In response, the attorney general’s brief insisted that the BCC’s marijuana delivery policy aligns with state law. Continue reading
The COVID-19 pandemic has left much of the country facing some stark economic realities that don’t bode well for many businesses, some of which have already folded. But there could be a bright spot for California cannabis companies.
Government agencies – from the federal level on down – are strapped for cash too. There is enormous pressure for politicians to get the economy back on track, and that has many looking for creative ways to stimulate fiscal growth, reduce the unemployment rates and offset lost tax revenues.
This hasn’t escaped local marijuana businesses looking to expand and entrepreneurs exploring a new launch. Continue reading
A growing number of U.S. companies selling hemp products and hemp-derived CBD products are forming international partnerships with suppliers. These business agreements, which frequently include arbitration clauses, must be carefully drafted by an experienced corporate CBD attorney. As a recent ruling by the U.S. Court of Appeals for the Eleventh Circuit showed, arbitration agreements and awards are likely to be enforced.
Why Cannabis Companies, CBD Corporations Use Arbitration Agreements
As our Los Angeles corporate CBD lawyers can explain, many cannabis company contracts contain arbitration clauses. Some examples include sales contracts, operating agreements, employment contracts and intellectual property licenses. Dispute resolution should never be an afterthought, so this provision is important. Continue reading
It may not seem like the best time to purchase or invest in any business, but cannabis farms throughout California are still being scooped up.
While COVID-19 has left the economy in a state of uncertainty, The Los Angeles Times reported the demand for cannabis actually surged in the immediate wake of state closures, with some . Gov. Gavin Newsom deemed cannabis businesses essential, and sales rose again.
Some theorize the uptick in sales has to do with people largely being stuck at home with not much else to do. Mounting anxiety likely also plays a role. Continue reading
California’s cannabis industry is considered essential, but it’s struggling in the wake of the COVID-19 pandemic. It was already grappling with high taxes, soaring compliance costs and fierce competition from the black market.
Now, as our L.A. cannabis business lawyers can explain, companies are slated to receive a number of state benefits, and perhaps even federal aid in order to ensure their survival.
Marijuana Business Daily reports the state is planning to offer a number of extensions, relief and deferrals that should allow many pot shops, manufacturers and growers to keep operations chugging along and also meeting payroll. Many are hoping that this could ultimately lead to substantial, longer-term regulation – especially where taxes are concerned. Continue reading
Minority L.A. marijuana business entrepreneurs have a chance to receive a big boost through $30 million worth of grant funding. The California Bureau of Cannabis Control and the Governor’s Business Office of Economic Development has announced they will be assisting bud businesses owned by those in communities that were unevenly impacted by the failed War on Drugs. More than $6 million of that is going directly to cannabis companies in L.A.
The money will be earmarked to:
- Extend technical assistance.
Applicants vying for a cannabis retail business license in L.A. say the first-come, first-serve process the city used was fundamentally flawed. The Social Equity Owners and Workers Association, along with one of its members, have filed a lawsuit that would compel the city to either consider all the licensing applications it received last fall or develop its own process that would offer an equal shot to all applicants.
The problem, according to the plaintiffs in this case, was that some applicants were given early access to the online application form, effectively pushing the rest of the applicants to the back of the line. Upon investigation, it appears internet speed was a factor in how quickly some applicants were able to submit their requests for consideration. The most disproportionately affected neighborhoods and individuals would be more prone to have slower internet speeds. Continue reading