Articles Tagged with California marijuana attorney

cannabis lawyerA California-developed online tool, called ‘Clear My Record,’ which helps people with eligible convictions clear their criminal records, is set to change the lives of hundreds of thousands of Americans previously convicted of marijuana related crimes.

In 2016 when Californian voters legalized marijuana, state officials hoped to reverse decades of marijuana convictions. Especially convictions making it difficult for people to secure substantial employment. And particularly because those affected most disproportionately by marijuana criminal convictions hail from low-income minority groups.

Now, thanks to a new technology, California prosecutors can quickly overturn or lessen approximately 220,000 old marijuana convictions.
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California cannabidiol (CBD) products are on the map, and investors are taking notice. But given that CBD-infused products are still relatively new to market, regulators continue to closely review the category. For this reason, acquisition strategies may be a ways off yet, but industry insiders predict consumer companies will see high minority investment interest in the short term.

CBD is naturally found in cannabis plants, and is widely known for its relaxing properties. But CBD won’t produce a ‘high,’ as it lacks the psychoactive tetrohydrocanabidiol (THC), found in marijuana.  CBD-derived products have quickly grown in popularity, thanks largely to a wide range of potential health benefits, including relieving pain, anxiety, seizures and brain injuries.

California Cannabis Investors

According to Michael Lux, partner at Crowe accounting firm, the next 6-12 months will involve strategic minority investments in the CBD space. He noted too that while the majority of CBD companies are of interest to investors, they are still less than five years old, so they’d likely need a little more time before preparing to engage in full exit strategies.

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marijuana businessMarijuana supporters in California rejoiced late last month as legislation passed by the U.S. House of Representatives could afford the industry more freedom to grow. Currently, the recreational use and sale of marijuana is legal in California, along with 10 other states, and Washington D.C. But federal law continues to classify cannabis as a Schedule 1 narcotic. While it is yet to happen, this makes folks in the cannabis industry weary, as the door remains open for the federal government to prosecute against cannabis related businesses, even in states that have legalized marijuana.

The Blumenauer-McClintock Amendment
The lauded legislation, known as the Blumenauer-McClintock amendment, would prohibit the Department of Justice from using federal funds to interfere with California state laws, or the laws in any state or district, legally permitting the regulated adult-use of cannabis.

Supporters for marijuana law reform are praising the legislation. Justin Strekal, Political Director for pro-marijuana organization, NORML, called it “the most significant vote on marijuana reform policy that the House of Representatives has ever taken.” That’s because the cannabis industry would certainly welcome extended protections within states that already permit the legal use and sale of marijuana.
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Our Los Angeles cannabis business lawyers have been on the forefront of the legal marijuana movement from the start. This began with helping medical marijuana patients, doctors, collectives, cooperatives, cultivators, landlords and employees navigate the confusing patchwork of laws that one might reasonably expect from being the very first state to venture into this legal territory while the drug remained against federal law. marijuana attorney

One might have thought the process would become simpler in the two decades since California led the charge on legalization of medical marijuana (in 33 states now), particularly now that 10 allow it for recreational use. But for as long as pot remains prohibited under the U.S. Controlled Substances Act, ensuring compliance while still making a profit continues to be something of a puzzle.

Now, with recreational legalization on the table, many of the old rules are out (collectives at this point are now illegal) and a maze of new laws and regulations are in – with widespread variation from county-to-county, city-to-city. Because the reality is unless and until federal law aligns with state laws, the rights of California cannabis entrepreneurs, investors, patients and innovators will be at-risk. Continue reading

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

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