Articles Tagged with California cannabis lawyer

A bill that would allow veterinarians to recommend cannabis products for pet is being considered by California lawmakers. Assembly Bill 384 is a follow-up to a law passed three years ago allowing veterinarians to discuss marijuana with pet owners without facing penalties. Numerous product, such as CBD-infused treats, capsules and oils, are now available for pet owner purchase. Vets can legally talk about them, but they can’t recommend them. canine cannabis

The bill reportedly has unanimous, bipartisan support in the Assembly Business and Professions Committee, and is supported not only by organizations like NORML but also the California Veterinary Medical Association.

As our Los Angeles cannabis business attorneys understand that animal owners are essentially being left in the dark about how much or what type of cannabis they should be giving their animals for various ailments. Veterinarians cannot discuss the possible impact of a certain product on a specific animal or offer a suggestion for how much would be a safe yet effective dose. Absent this guidance, pet owners are essentially left to their own devices and research to guess or rely on a cannabis dispensary clerk’s take, even though these individuals know noting about the effects on animals. Continue reading

Minors getting ahold of marijuana was a major sticking point in the lead up to the passage of Proposition 64, which legalized adult-use California cannabis. It’s also been cited as a reason to block cannabis business billboards on California highways. But as it turns out, licensed marijuana retailers are doing an excellent job keeping the substance out of the hands of youth. Los Angeles cannabis lawyers

You don’t need to take our Los Angeles marijuana business lawyers‘ word for it. This is according to a new study commissioned by the Insurance Institute for Highway Safety. Despite a few isolated incidents of state law violations (i.e., workers giving out free samples of edibles), the analysis revealed workers at cannabis retail locations are committed to following the rules, protecting minors and staying in business.

Study authors say the largest loophole through which minors obtain cannabis in California is through unlicensed vendors. Consider that black market bud sales are three times bigger than the legal market. They don’t have the regulations and taxes to contend with. They sell products that aren’t verified for safety or quality, but they can sell them cheaper – and they don’t always ensure the people to whom they’re selling are of legal age to do so.

The proliferation of the black market in this state has served as a lesson to other states preparing to oversee the unveiling of similar recreational cannabis industries. Continue reading

Starting this summer and prompted by a new federal law, the U.S. Postal Service will begin prohibition of vape product shipments – a move that concerns some California cannabis companies. Los Angeles cannabis lawyer

As our Los Angeles marijuana business lawyers can explain, the measure was tucked quietly into an appropriations bill late last year that was passed to keep the government running.

Not a single mention of “marijuana” or “hemp” is contained in the Preventing Online Sales of E-Cigarettes to Children Act, but investors and entrepreneurs in both sectors are concerned – and rightly so. They will be expected to comply with it.

To the extent any industry is involved in selling vape products, it will apply to them. That includes manufacturers and retailers. Continue reading

The State of California is doling out more than $15 million in grants to nearly a dozen cities and counties that have onboarded social equity programs – including California. The intention is to aid minorities and those harmed by the failed war on drugs in becoming stakeholders in the state’s legal cannabis market. The allocation is in addition to $40 million previously awarded by the state for the same cause. But will it make a real difference? Los Angeles marijuana business lawyer

Our Los Angeles marijuana business lawyers know that many cannabis company entrepreneurs who had been banking on this help have felt overlooked by the L.A. government in particular. Our goal is to assist these companies in building a solid framework by establishing workable business plans that are not only profitable but legally protected.

As detailed in a recent L.A. Times article, politicians in Los Angeles vowed help for those hit hardest by pot prohibition through the social equity program, which targets those with low incomes, prior marijuana arrests and who live in areas disproportionately impacted by enforcement of marijuana prohibition laws. But some lament they’ve been left stranded with little local aid. The city granted licenses to some of the long-standing marijuana operations that met city requirements, but newer social equity program retailers have not seen expedited license approvals. Continue reading

As we’re rolling into our third year of California’s legal recreational marijuana market, industry operators might expect heightened tax enforcement could be on the horizon. With an increasing number of audits already underway, there is concern some marijuana businesses could find themselves drowning in delinquent tax bills – some possibly as high as tens of millions of dollars. California marijuana lawyers

The three-year milestone is noteworthy because that’s the cutoff for California Department of Tax and Fee Administration auditors for examination of corporate tax returns.

Prior to 2018, marijuana companies were already required to pay sales taxes. As our Los Angeles cannabis lawyers know first hand, many were were routinely subject to state audits. In 2018, when the state first allowed legal cannabis sales for recreational use, they were required to pay two new taxes – a cultivation tax and a 15 percent excise tax.

As some CPAs note, audits like these can be very advantageous for the state of California, so it should come as no shock that these are starting. In fact, the state is pumping up all its general business audits too, so it’s not necessarily that marijuana companies are being singled out. Still, the high tax rates and significant penalties associated with marijuana sales could spell trouble for some marijuana businesses if anything is amiss. Continue reading

What recourse do marijuana companies with provisional licenses have if regulators choose to revoke them? Can they appeal? It’s a question that’s likely to get some answers as the case of Harrens Lab Inc. v. Bureau of Cannabis Control works its way through the courts. California cannabis lawyer

In that case, a marijuana testing lab forced to close earlier this year after the California Bureau of Cannabis Control revoked its provisional license said the move was unconstitutional because they were denied due process by not being allowed to appeal the decision. But in a recent filing before the Superior Court in Alameda County, the state’s attorney general argued that no cannabis business in California operating on a provisional license is entitled to due process under state law. Continue reading

Adults in California can smoke marijuana (or consume it a myriad of other ways) without fearing jailtime. However, use after-hours can still have adverse consequences for one’s employment prospects. A new bill introduced in the state legislature would change that, five years after voters legalized recreational cannabis. California marijuana employment lawyer

As longtime Los Angeles marijuana lawyers also well-versed in California employment law, we recognize this could be a substantial benefit not only for workers, but cannabis companies as well.

Assembly Bill 1256 would put a stop to the common practice of common employers who require workers to be tested for marijuana use. It would also prohibit employers from using certain kinds of evidence of prior marijuana use (urine tests, hair follicle tests, etc.) from being used to discriminate against the worker or denying them employment opportunities. The measure is sponsored by California NORML. Continue reading

A settlement has been reached in a lawsuit against a Canadian edibles maker for allegedly breaching California consumer protections laws for improper labeling of its THC and CBD products. Specifics of that settlement haven’t been made public, but the allegation was that the manufacturer of medicinal chocolates sold products in Southern California over the course of two years that failed to contain the amount of CBD and THC that was advertised. Los Angeles cannabis lawyer

Labeling lawsuits against CBD and THC product makers are increasing. As our Los Angeles cannabis attorneys can explain, it is imperative that companies ensure the level of THC and CBD in their products aligns with what is advertised. In this case, the lawsuit alleged the potency of these compounds in the products were “drastically” different from what was publicly claimed. Continue reading

California businesses operate legally all over the state (under certain licensing and oversight conditions), but that doesn’t mean companies can expect a hassle if they operate near an international boarder.Los Angeles marijuana business attorneys
Of course, lack of harmony between the state and federal positions on marijuana is nothing new. But it’s important for marijuana businesses in cities close to international borders to use extra caution, and consult with a California cannabis lawyer for insight on how best to protect their investment, operation and employees from legal headaches. As The Los Angeles Times reported recently, those in Imperial and San Diego counties especially need to beware due to the closeness of the U.S.-Mexico border. The U.S. Boarder Patrol has the authority to establish checkpoints that stretch as far north as 100 miles past the international line.

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.

Drive-thru cannabis dispensaries are banned in California, but thanks to a small loophole in the law, Southern California is getting its first in, in Desert Hot Springs. It is the second one in the entire state. Los Angeles marijuana lawyer

The state’s recreational cannabis law does expressly prohibits marijuana drive-thru operations – unless a dispensary applied for a permit prior to June 2018, when Prop. 64 rules were finalized. Harborside cannabis dispensary filed its application for a drive-thru shop earlier that year, so it’s allowed to proceed with its marijuana business plan.

Approaching customers will have the benefit of a large, electronic menu, where they can place orders for edibles, vape cards and pre-rolled joints – the same way one might order a Happy Meal (except you will have to show ID to prove you are of age). Passengers, however, will not need to produce identification.

Desert Hot Springs, located in the Coachella Valley geographic region of Riverside County, is a great place to start, considering it was one of the first to welcome legal recreational marijuana with open after Prop. 64 passed in 2016. (Eighty percent of California jurisdictions have decided not to allow cannabis to be sold in their jurisdictions.) Continue reading

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