Articles Tagged with California marijuana attorney

Most of our California cannabis business clients have some type of intellectual property, most often in the form of a brand name they are seeking to protect and capitalize on. However, as our Los Angeles marijuana intellectual property attorneys can explain, licensing can be complicated because, when it comes to marijuana, of course it is.Los Angeles intellectual property licensing agreement lawyer

Let’s start with the fact that recently, the California Bureau of Cannabis Control, California Department of Food and Agriculture and the California Department of Health just dropped a heap of proposed regulatory modifications on the industry. (Written comments must be in by Nov. 5 to be considered – which you should definitely do if you have a cannabis intellectual property licensing agreement or manufacturing deal you’d like to keep going because those could be directly affected.)

Specifically, the state’s proposed action would seemingly effectively ban all IP licensee agreements where the licensor (seller) isn’t licensed by the state. That could put a major crimp in existing deals involving:

  • Separate IP-holding companies established by licensed operators to hold and license intellectual property back to the owner;
  • Cannabis companies out-of-state looking to license their existing brand to manufacturers here, but don’t want to directly be involved in the manufacturing process in this state;
  • Third-parties who aren’t licensed by have created some sort of tech to make a certain brand or marijuana product and want to license the rights to that IP to a licensed California marijuana firm.

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There is a huge push to legalize cannabis across the country, where 30 states plus Washington, D.C. have some form of lawful marijuana, nine allowing for recreational use. However, some politicians and advocacy groups still staunchly opposed fear they will suffer “de facto” legalization of marijuana in their states if all or most surrounding states have passed laws allowing it.marijuana lawyer blog

Of course, with the majority of states now allowing marijuana (California being the first with medical marijuana legalization in 1996), this is not an invalid concern – nor a new one. It’s true there is conflict when bordering states have different marijuana laws. Issues arise when people travel – for work or school or leisure – and what is perfectly legal in one state is criminalized in the next.

The biggest problem is that marijuana is forbidden under federal law, still considered a Schedule I narcotic, highly addictive and with no legitimate medicinal purpose. Of course, that’s laughable in reality, but U.S. drug policy hasn’t historically been closely aligned with medicine or science or smart public policy. And yet, it has lower schedule classifications for opioids and amphetamines, which are unequivocally more addictive and dangerous.  Continue reading

A new California law signed by Gov. Jerry Brown eases the way for those impacted hardest by the failed “War on Drugs” to launch a budding marijuana business. Senate Bill 1294 aims to counteract the disproportionate impact of the misguided drug ware on minority communities, allowing local jurisdictions in California to apply for a grant from the state’s Bureau of Cannabis Control to aid entrepreneurs who are also minorities in a number of ways, including providing financial support via waiver of license fees, providing technical assistance and more (with $10 million allocated to provide this support). cannabis business

The new law, supporters said, will directly go to helping those who have been more profoundly impacted by the criminalization of marijuana.

The California Cannabis Equity Act was sponsored by the Drug Policy Alliance, noting that cities that have local marijuana equity programs (Los Angeles, Oakland, San Francisco and Sacramento) will have access to the grant funds. Some opponents of this law argued prior to passage that giving marijuana growers a license and access to grants despite a prior marijuana conviction, something even some proponents of legal marijuana argue harms legitimate businesses because some would-be cannabis business owners got their prior convictions growing marijuana unlawfully on land that wasn’t designated for it, thereby harming the environment. Continue reading

Now that adults are starting to gain a better understanding of cannabis and itsmarijuana attorneys benefits, many parents and teachers are facing their next challenge: How do I talk to kids about marijuana? California has been tasked with establishing new education programs to effectively prevent children from consuming cannabis, while making them aware of the choices they will have to make as an adult in a post-legalization world. As such, we are seeing the classic “Just Say No” campaigns shift to a new message: “Delay.” According to an article from Brit + Co, the new strategies focus on lifelong health and good decision making.

Marijuana legalization has had major effects on the lives of adults across the country, with 30 states and the District of Columbia allowing for medical marijuana, and about a third of those states permitting recreational use. Many of the results of this legalization have been expected, including relief for debilitating medical conditions, such as chronic pain, epilepsy, and PTSD. Cannabis also has become an alternative to alcohol in social situations, without the same negative long-term health effects as alcohol. Also expected has been the boost for government coffers with an influx of marijuana tax revenue. The way legalization would come to effect the way we educate children was a bit unexpected. It makes a lot of sense, though, considering the way marijuana functions in our lives is entirely different than it was even 10 years ago. Continue reading

California was the first state to legalize medical marijuana in 1996 through ballot initiative Proposition 251. Since then, the topic of drug policies in workplaces has been an ongoing debate, with many questions as to whether California marijuana lawyersemployers could (or should) enforce zero-tolerance drug policies against employees with medical cannabis prescriptions.

These debates culminated in the 2008 California Supreme Court decision stating that Proposition 251, known as the Compassionate Use Act of 1996, did not protect employees who have been tested positive for marijuana in their system, even with a prescription. Some legislators have tried to implement protections for employees since then, but for the most part, employers have final say.

But with the tides turning on perception of cannabis use and Proposition 64 going into effect statewide Jan. 1, 2018, making recreational marijuana legal in California, it is time once again for employers to re-evaluate their stances.

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Researchers in Colorado are exploring the ways in which “dabbing” – a form of rapid consumption of cannabis concentrates by vaporizing – can impair one’s ability to drive, and they’re doing it with iPods. marijuana lawyer

A group of researchers from the University of Colorado Boulder are teaming up with a researcher from Colorado State University to explore this highly potent method of using marijuana. CSU notes this study is a “first-of-its-kind,” and the hope is to eventually prevent instances of driving under the influence that endangers lives.

Our L.A. marijuana defense attorneys recognize that our state, like Colorado, has a vested interest in enforcing anti-impairment laws for motorists. After all, we know marijuana has the ability to impair one’s driving abilities and we know impaired drivers have slower reaction times and lowered inhibitions that can endanger passengers and other motorists. However, the problem specifically when it comes to marijuana impairment behind the wheel is that the determination is subjective.  Continue reading

Retail stores selling recreational marijuana in California are likely to be open by January 1st, according to the Bureau of Cannabis Control in California. Already, the plant and its derivatives are available for recreational sales in five other states, but California is slated to be the biggest market in the country, poised for massive production for its huge population. Some economists speculate it will “dramatically” alter the landscape of the marijuana industry in the U.S. marijuana lawyer

New regulation are going to be issued in November. These regulations will include oversight on usage of water (reduction of waste water, drip irrigation, etc.). Licensing and background checks of owners and operators, as well as education and safety training for consumers is also in the works.

For the most part, recreational sales will be a welcome extension to marijuana dispensaries that have existed for years, some since California’s Proposition 215, which legalized the drug for medicinal uses with the Compassionate Use Act of 1996.

While voters in 26 states plus the District of Columbia have given the green light to laws that legalize marijuana in some form, questions still remain about the legality of certain cannabis advertising campaigns.cannabis Lawyer Riverside

Recently, the Los Angeles Times reported a new venue for advertising recently opened, though it’s not heavily-utilized at this point, and it’s unclear whether it will amount to a sizable business opportunity. U.S.-based air carrier Allegiant Air, headquartered in Las Vegas, NV, has become the first to agree to allow advertising from a marijuana dispensary.

It’s found on the airline’s in-flight magazine, Sunseeker, which ran an advertisement for a marijuana dispensary that produces THC-laden cookies and candies, sold just a few blocks from the strip in Las Vegas. A full view of the kitchen is displayed in bright, colorful pictures on the in-flight magazine. Continue reading

A U.S. Senate panel with considerable power in the federal government is pressing federal agencies to wade into the marijuana industries in ways that some might find surprising. Specifically, there is a request that federal safety testing be conducted on products made by marijuana dispensaries in states where the drug has been legalized. Such standardized marijuana testing could help customers have confidence that their products are safe. marijuana research attorney

Lack of information on the purity and potency of marijuana products distributed to U.S. consumers is of major concern, according to the U.S. Senate Appropriations Committee. That’s why its members are asking that federal agencies work together to develop a standard, national testing program for Schedule I products made from marijuana.

The appropriations committee’s recent report instructed qualified scientists at the National Institute on Drug Abuse as well as those working with the U.S. Drug Enforcement Administration to start work on samples of marijuana in order to give the federal government better data that could be used to provide better policy solutions to help protect consumers.  Continue reading

Former senator and current Attorney General, Jefferson Beauregard Sessions III has not made any efforts to hide the fact that he thinks marijuana has no valid medical use and is not something “good people” would use.

LA Medical Marijuana LawyerHowever, his hands are currently tied in prosecuting those who grow, distribute, dispense, and possess for personal use any medical marijuana.  The reason his hands are tied is because the Rohrabacher-Farr amendment was passed with bipartisan support in Congress and prohibits the U.S. Department of Justice (DOJ) from spending taxpayer dollars to prosecute medical marijuana in states where medical marijuana is legal.  Continue reading