Articles Tagged with California marijuana attorney

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

Marijuana advocates are suing the county over its voter-approved tax on marijuana, arguing the results are not legitimate. Specifically, the group is arguing that Measure AI proposed a tax that amounted to a special tax, not a general tax. For this reason, the measure required not just a simple majority, but a two-thirds majority approval.vote

When the measure passed by voters in November, it amounted to a tax of between 2.5 percent and 10 percent on the gross receipts of cannabis cultivators. It also imposed on all other marijuana businesses a flat-rate tax of $2,500 annually.

An advisory that was attached to this measure indicated that voters wished to have this money spent on county services. Specifically, this would include not just code enforcement on marijuana businesses, but also emergency medical services, fire and police services, repairs of roads and mental health services. This was a non-binding agreement, though, and county leaders technically can spend the funds on whatever they wish.  Continue reading

White House Press Secretary Sean Spicer has rattled the cannabis industry after saying he anticipates the Department of Justice to ramp up enforcement of federal statutes that outlaw recreational marijuana – even in states where it is legal, including California. whitehouse

A total of eight states plus the District of Columbia have legalized recreational use of marijuana among adults. What this means is currently 1 in 5 Americans adults can lawfully smoke, drink, eat or vape cannabis under state laws. More than half the population lives in a state where the drug is legal for medicinal purposes. This has given rise to a $6 billion industry that is projected to grow to $50 billion by 2026. But all of that could be in jeopardy.

Many in the marijuana industry have expressed surprise at this about-face, especially given that the Trump administration has seemingly prioritized states’ rights on a myriad of other issues, from education to use of bathrooms by people who are transgender. The statement by Spicer was also surprising given the fact that U.S. Attorney General Jeff Sessions is a major proponent of states’ rights. However, Sessions has also for many years vehemently opposed cannabis use. During his confirmation hearing in January, Sessions refused to say he wouldn’t enforce federal law on the issue, and further indicated that if Congressional leaders believed the drug should no longer be illegal, they should pass a law.  Continue reading

One of the primary arguments given by federal drug regulators about why it would be unwise to lower the Schedule I classification of marijuana is that the drug has not been well enough studied to know whether it has legitimate medical benefits. Of course, there are many people who use it as medicine who would beg to differ. Beyond that, it’s something of a Catch-22 because the Schedule I listing makes it next to impossible for scientists to get a hold of it, let alone conduct clinical trials. That means researchers must explore other ways of examining the drug’s risks and benefits.hospital hall

Recently, an analysis published in the journal Cancer Medicine revealed that a history of marijuana use among patients admitted to the hospital was correlated with lower rates of heart failure, cardiac disease and cancer deaths. This conclusion was based on analysis conducted by researchers at Colorado State University, the University of Northern Colorado and the University of Alabama, who looked at the health outcomes of nearly 4 million hospitalized patients.

Patients who tested positive for marijuana were more likely than those who didn’t have a history of using the drug to be admitted for a stroke. However, they had much lower odds of suffering from cardiac disease or heart failure. They had especially good survival rates when it came to various types of cancer, and their survival rates overall were better than non-users. Continue reading

With the election over and recreational marijuana approved by California voters, people still have many questions about what this is going to mean in their day-to-day lives. One of the most common questions our marijuana lawyers receive: “Am I now exempted from an employer drug test?”

Unfortunately, no.buds

Although recreational use of the drug is now legal, the new law specifically holds that companies have the right to keep a drug- and alcohol-free workplace. They reserve the right to hang onto policies that disallow the use of marijuana by workers or prospective workers. Many employers in contact with cannabis advocacy group California NORML say they intend to keep their current drug screening policies, many of which do not allow the use of marijuana.

Companies say it’s not just that they are trying to be a stick in the mud. Those in human resources explain there are some legal concerns, first as far as federal law goes. Although California law now allows recreational and medicinal use, the federal government does not. The second concern stems from liability. A worker who is required to operate heavy machinery or be on high alert cannot be under the influence of any substance, including marijuana. Continue reading

California’s new marijuana law could cost millions in taxpayer dollars before it actually raises billions, thanks to a technicality in the language of the law that was just passed. marijuana

Prop. 64, which legalized recreational marijuana, was always intended to raise substantial tax revenue for the state. However, it was intended to do so with a 15 percent excise tax on both medicinal and recreational marijuana. The law also imposes a 7.5 percent sales tax on top of that for recreational marijuana, but repealed it for medical marijuana. Medical marijuana buyers have been paying that sales tax since the drug first became available as medicine. The idea was that medicinal users of the drug would get a tax break relative to recreational users once recreational sales start in January 2018. However, there was one problem: The 62-page initiative did not include the January 2018 target date relative to the repeal of the medical marijuana sales tax.

That means the repeal of medical marijuana sales tax in California became effective immediately. It also means that medical marijuana may be obtained tax-free in California until next January, when it will be under that 15 percent tax.  Continue reading

No matter how many states legalize recreational marijuana, the corporate policies of private companies can play a big role in whether people will actually imbibe. job

A recent study by the American Public Health Association, presented in Denver, delved into the issue of what mattered most to those in five state where voters were mulling legalization. The goal was to examine what regulatory approaches states might consider making if they wanted to influence usage.

Researchers surveyed some 535 adults in California, Florida, Arizona, Massachusetts and Michigan, weighing their responses in four different scenarios. What they discovered was:

  • 5 percent said state tracking of their marijuana purchases would deter use;
  • 5 percent said the threat of arrest for smoking in public would deter them;
  • A price increase of $20 per gram (through higher taxes and fees) would slash usage by 5 percent.

But the biggest potential influence? Employers.  Continue reading

In just a few days, we’ll know the results of what has undoubtedly been an arduous election. But no matter who wins the presidential race, our marijuana lawyers anticipate one of the biggest winners will be legal marijuana. Five states are slated to weigh marijuana for adult recreational use. Four other states are considering measures that would legalize marijuana for medicinal purposes. Every single one of these initiatives are leading in the polls. As it already stands, 25 states have legalized the drug four (so far) have legalized adult recreational marijuana. money

All of this has understandably caught the eye of investors. The fact that marijuana sales are expected to balloon from the current $7.4 billion to $20.6 billion by 2020 isn’t lost on them. If the November ballot initiatives passed in California, Florida, Arizona, Nevada, Montana, Maine and Massachusetts, those states alone are going to see $2.7 billion in sales by 2018, which is going to grow to about $8 billion within just two years.

Although the potential financial benefits are significant, investors need to be cautious. Consulting with an experienced marijuana attorney is a smart move, considering the volatility of the market, and the fact that not all of these stocks are going to survive. The Marijuana Index, a benchmark firm that follows U.S. and Canadian stocks in the industry noted that public companies in the marijuana market are still highly speculative at this point. Most of the shares are traded over-the-counter, so they don’t have to submit audits to financial regulators. The SEC suspended five marijuana companies in 2014 for engaging in fraud. Investors need to be especially cautious when it comes to start-up companies.  Continue reading

A recent report by the University of the Pacific in Stockton revealed that California’s capital region of Stockton could be on the receiving end of some 20,000 jobs and $4.2 billion in business revenue if the state approves legalized marijuana for recreation.cash

The study comes several weeks before voters are slated to decide whether to legalize the drug. The research was commissioned by Truth Enterprises, a marijuana investment company – one of hundreds that are hoping voters turn out and vote “Yes” on this issue next week.

Daniel Conway, former chief of staff to the mayor in Sacramento as well as to former NBA star Kevin Johnson, is now the managing partner at TE. He says California (and Sacramento in particular) should be to marijuana what Detroit, MI is to automobiles or what Sonoma and Napa are to wine. However, should local leaders in that region chose to stifle the number and types of cannabis companies that are allowed to operate, researchers found that legalization at the state level would bring only about 1,600 jobs and revenue/ wages/ economic growth of about $322 million.  Continue reading

Recently, President Obama commuted the sentences of a record 214 federal inmates, which was the largest single-day commutations grant in our national history. It means the total number of presidential commutations the president has issued is now at 562, which is more than any other president who actually granted federal prisoner commutations since Calvin Coolidge. In fact, it’s more than the last nine presidents combined. handcuffs6

Most of these commutations have occurred in this, Obama’s last year in office. Undoubtedly, they are part of a larger state Obama is making about the existing failures in our criminal drug system. Of those whose sentences were commuted on this recent round, 197 were serving life sentences for non-violent drug crimes. Almost every one of the total 214 were serving sentences for non-violent crimes that were in some way connected to drugs. They will all be freed by December 1st.

“The extraordinary rate of incarcerations of non-violent drug offenders has created its own set of problems,” Obama said at a news conference announcing the commutations. These consequences include:

  • Stressed communities
  • Families forever broken
  • Huge swaths of people – most lower-income minorities – locked out of legal economic opportunity.

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