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For many cannabis businesses, social media seems like the ideal place to advertise. Facebook provides many tools forcannabis business 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?

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As a country, many support troops with parades and national days of honor. Yetmedical marijuana when those same veterans seek help ease the mental and physical pain they endure as a result of fighting for our freedoms, their pleas often fall on deaf ears. That’s why many veterans find themselves standing up and fighting once again, this time in a battle for their own lives in the ongoing war over medical marijuana.

A group of veterans in Louisiana has been on the front lines pushing for legalization of medical cannabis in the state. According to the Leesville Daily Leader, they want to help veterans who suffer from post-traumatic stress disorder as well as chronic pain that developed as a result of their service time. Even though these veterans know medical marijuana to be a safe and effective form of treatment for these issues, using it would make them a criminal in the country they risked their life to defend due to the Controlled Substances Act, 21 U.S.C. Section 812, which classifies marijuana as a Schedule I narcotic with no medical benefits. The group hopes to at least change the law in Louisiana so the state can join 29 others in legalizing marijuana. Furthermore, they also recognize that legalization would be beneficial to all residents, so they are putting their efforts behind cannabis education.  Continue reading

Marijuana has proven so replete with benefits with so few side effectsmarijuana criminal defense, it is almost laughable how many misguided politicians and policymakers are still fighting against it. It is clear to our experienced cannabis attorneys that this conundrum is exactly why many good law-abiding citizens turn to dangerous knockoff substances that have weaseled their way into the market. They do not want to break the law or fail drug tests, but they want to enjoy the benefits of marijuana.

“Synthetic cannabinoids” have been around for years, marketed as legal marijuana knockoffs, when their relation to marijuana stops at their cheeky branding and colorful packaging. Reports are rolling in from Michigan and Illinois of people using K2 or “Spice” and ending up in emergency rooms with uncontrollable bleeding, according to a report from Michigan’s WILX10. A representative from the Michigan Department of Health and Human Services claimed in the Midwest, more than 100 have been hospitalized and two have died from this drug. Other forms of so-called artificial pot in the past have reportedly caused side effects such as hallucinations, seizures, heart-rate issues, and other serious medical problems.  Continue reading

California marijuana supply shortages have been of mounting concern, marijuana businessstemming primarily from the introduction of legal cannabis Jan. 1st and the barrage of regulations that came with it. Marijuana businesses have varied reports on supply issues thus far, with some experiencing few supply chain problems, and others reporting major lapses. Many of these issues are typical growing pains associated with a budding new industry. These problems could become major snags this summer, though, when tourist season his, and we’re flooded with curious new customers.

In San Diego, for example, about 8 million tourists visit during the summer months, according to a recent report discussing the potential impending shortage from San Diego Union-Tribune. Lines are already out the door at stores in this city, so there is worry businesses may not be able to keep pace. The issue is not necessarily that overall supply can’t keep pace with demand, but more that businesses are grappling with supply bottlenecks due to erratic regulation across jurisdictions throughout California. Continue reading

Los Angeles, Oakland, San Diego and San Francisco have been praised for being at the forefront of decriminalization and legalization of marijuana in California.marijuana business

On the flip side, we have San Bernardino. The city recently passed a regulation (Ordinance No. 1464 Section 5.10) that prevents any cannabis business that has “conducted commercial cannabis activity in the City of San Bernardino in violation of local and state law” from obtaining one of the 17 licenses available in the city.

One savvy business owner isn’t taking this move lying down, though. She is suing the city after officials in December raided and shut down a facility she owned and leased out to cannabis growers. They confiscated 35,000 marijuana plants, according to a report from High Times. And though the owner of the facility was never charged, she still falls under the current restrictions and is not qualified for one of the licenses, currently being given to other establishments who have the same intention as her: to run a facility for growing marijuana. Continue reading

Public support for pot is on the rise. More states are looking to legalize marijuana or expand accessibility. In fact, cannabis is one of the few issues thatmarijuana legalization politicians on both sides of the aisle can agree on these days, particularly medical marijuana. It’s a time when cannabis is poised to go mainstream and become an accepted medical resource, cultural norm, and economic powerhouse. Yet, since the current administration entered Washington, D.C. and Jeff Sessions was asked to helm the Justice Department, the industry has faced uncertainty and instability.

That’s why states that strongly support marijuana legalization, including California, have requested a meeting with Sessions with the goal reconcile the stark contrast between state law and federal law, according to the Associated Press. The state treasurer from California was joined by Pennsylvania, Oregon, and Illinois in crafting a letter to open dialogue with Sessions about what banks and marijuana businesses can expect from the federal government in terms of enforcement moving forward. As our skilled lawyers can explain, the federal government is holding firm to marijuana’s Schedule I classification as part of the Controlled Substances Act, 21 U.S.C. Section 812. To receive this classification, a substance must not demonstrate medical benefits, be considered unsafe, and have a high potential for abuse. To make these claims about cannabis is absurd, and frankly, Sessions is standing on the wrong side of history on this one.

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When President Trump signed a recent spending bill, he not only prevented the looming third federal government shutdown of the year, but also letmedical marijuana the Rohrabacher-Blumenauer amendment slide through, thus continuing protections of state-compliant medical marijuana operations. While seemingly small, this was a pretty significant victory for those who depend on medical marijuana, whether as a patient or cannabis business owner. Marijuana users have been somewhat nervous since the change in administration, particularly with U.S. Attorney General Jeff Sessions openly making it his mission to eradicate all advancements in the marijuana industry.

First introduced as Rohrabacher-Farr in 2001, the amendment as we know it was not signed into law until December 2014. As our medical marijuana attorneys can explain, while it does not legalize medical marijuana federally, it essentially restricts officials from spending government funds to disrupt any medical marijuana-related actions or businesses that are in compliance with relevant state and local laws. The catch is, the amendment must be renewed every year to remain in effect. It is essentially a bandage Congress created to stop the war being waged between states and the federal government. More states now have legalized medical marijuana than not. Meanwhile the federal government is clinging to an outdated Schedule 1 classification of marijuana under Controlled Substances Act, 21 U.S.C. Section 812.

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Marijuana users in Main will no longer have to choose between marijuana and their jobs. cannabis legalizationThanks to the implementation of IB 2015, c.5, “Question 1 – An Act to Legalize Marijuana” in February, employers can no longer drug test applicants for marijuana or fire workers for using cannabis on their own time.

This part of the new law has taken effect despite the fact that other portions are still lagging, namely the regulations necessary to begin sale of cannabis and cannabis products.

Voters in Maine approved recreational use, sale and taxation of marijuana back in November 2016. Initially, the law was supposed to go live in January 2017, but it soon became clear that wasn’t nearly enough time to get all the necessary regulations in place and build the foundation of a pot economy. So they moved the deadline to launch legalization out to February 2018, putting Maine on a similar timeline to California’s roll-out of Proposition 64, which also was voted on in 2016, and began implementation Jan. 1. Unlike California, though, Maine has yet to finalize rules for legal sales yet. To be fair, California had a lot more experience since our state legislators had been working with medical marijuana operations since 1996, while Maine only legalized medical marijuana a few years ago. But Maine state senators also did not extend the moratorium on the deadline to make sales legal, according to a report from The Press Herald.

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Here in California, we have more than 20 years of anecdotal evidence of the ways medical marijuana can be used to treat a variety of ailments. Thanksmedical marijuana to the Compassionate Use Act of 1996, patients have been reaping the benefits of cannabis for everything from glaucoma to anxiety and chronic pain. Unfortunately, the research that would help independently establish these things has largely been stifled in the U.S., owing largely to the federal policy that classifies marijuana as a Schedule I narcotic. Meanwhile, as reported by U.S. News & World Report, Israel has become a leader in marijuana research – and one of the latest findings of Israeli researchers underscores the medicinal properties of marijuana for cancer patients.

Published in the European Journal of Internal Medicine, the study analyzes the effects of cannabis on symptoms related to cancer and cancer treatments. These include nausea, vomiting, headaches, weakness, pain, and more. According to the study, 1,046 out of 1,742 reported success in overcoming these symptoms after six months. This total did not include participants who passed away, switched cannabis providers, or did not respond to questionnaires. The study looked mostly at patients who were at an advanced stage of cancer and on average 60-years-old. These factors meant a quarter of patients died before the study was over, but even many of those patients reported having the pain of their condition eased by cannabis.

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The County of Riverside remains a patchwork laws, with each city holding very different opinions on how to best move forward with regulating (or marijuana business lawyerbanning) marijuana businesses, growing operations, home cultivation, testing, sales, manufacturing and distribution. That same divide is reflected in the Riverside County Board of Supervisors in how to handle regulations in unincorporated parts of the county. But it looks like after a recent vote, the board will be moving forward on its own with those regulations, while also forgoing a tax ballot initiative in November, according to an article from The Press-Enterprise.

As our marijuana attorneys can explain, even though Proposition 64 passed in November 2016, and adult-use sales were permitted beginning Jan. 1, 2018, it did not mean an automatic free-for-all everywhere in California. The Medicinal and Adult-Use Cannabis Regulation and Safety Act was voted into place by state legislators in June 2017 to streamline the existing Compassionate Use Act of 1996 with the incoming recreational marijuana laws. MAUCRSA Section 18-26032(a)(2) outlines that the actions of marijuana businesses “are not unlawful under state law” so long as they are “permitted pursuant to local authorization, license, or permit issued by the local jurisdiction, if any.” Continue reading

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