Articles Tagged with California marijuana lawyer

Unsolicited marijuana business text advertisements have resulted in a number of class action lawsuits against pot providers, accused of spamming recipients with unwanted sales and deals. At least 12 marijuana ad lawsuits have been filed across the country over the last two years. Eaze, a California marijuana delivery company, is one of the first of those cases to head to court. That case was ultimately sent to arbitration last year, and the company ended up settling another similar case pre-trial for an undisclosed sum. Los Angeles marijuana marketing lawyer

Cannabis companies would be wise to turn to Los Angeles marijuana advertising attorneys before launching any sort of marketing campaign, as the navigating the legal waters of such enterprises can be fraught with peril. The reality is, marijuana marketers can’t afford to turn a blind eye to federal law that is on the side of consumers in these cases. After mounting a defense and settling a case, you could easily be looking at six-figures.

One of the primary issues in these cases are reported violations of the Telephone Consumer Protection Act (TCPA), a federal law that prohibits transmitting unsolicited advertisements of any goods, property or services to a person without their express prior permission or invitation. A cannabis advertising lawyer in California can help you review your marketing practices to make sure you aren’t risking vulnerability to such claims. Continue reading

California’s marijuana banking and labeling laws were updated recently, with Gov. Gavin Newsome (D) signing off on several laws to enact a series of adjustments to the biggest legal cannabis system in the U.S. The governor said California marijuana businesses should will need to wait until next year for bigger changes. marijuana banking

The most significant changes in this latest series are to marijuana advertising and banking laws.

Governor Approves Marijuana Business Regulation Changes

As our Los Angeles marijuana business lawyers know, finding legal banking services is still a challenge for many cannabis companies. AB 1525 will have the effect of removing the state-level penalties against banks that provide services to operations that profit from marijuana sales. Continue reading

employment attorneyAs marijuana use becomes more widely accepted, California market research breakouts show online cannabis purchase demographics now include higher participation among women. And companies are quickly adapting their strategies to woo them.

One such company, Eaze, a San Francisco-based online cannabis shopfront and delivery service, noted an uptick of 81 percent more women purchasing marijuana related products from the company, between 2018 and 2019.

With this shift, women now make up 40 percent of the company’s total customer base. Eaze also shared, that in 2018, women also accounted for 38 percent of its first-time deliveries, and that that figure grew to 43 percent in 2019. Continue reading

Los Angeles cannabis business lawyerFollowing a slew of vaping related lung disease cases, a Los Angeles City Council member calls for a year-long ban on all vaping sales.

The proposed ban has many in the industry rushing to cut the motion off before it becomes law. The major concern is that such a ban could mean the end for countless vaping companies who are solely in business to sell vape pens and cartridges. Continue reading

As a growing number of states follow California’s leap and legalize marijuana, new research shows cannabis use among U.S. teens is more widespread now than it was just a generation ago.

A study published in the June 20 issue of American Journal of Public Health, looked at U.S. federal health data for more than 200,000 high school students between 1991-2017. The results show marijuana use among teens within that time frame, has increased tenfold.

LA Cannabis Attorney

Study author, Hongying Dai, of University of Nebraska’s College of Public Health in Omaha, noted the “surge” in teens using marijuana is troubling, and “highlights the importance of marijuana prevention among youths.”

To date, a plethora of studies have investigated the long-term effects of marijuana use in teens. Concern often centers around effects of the drug on the prefrontal cortex areas of the brain, which control judgment and decision-making, and continue to develop well into a person’s early 20’s. Marijuana use in such studies, has also been linked to an increased incidence of mental health disorders, including depression, psychosis and other long-term psychiatric effects.
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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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Marijuana is the latest economic boom, with revenues spiking, with companies at every stage of the supply chain eager to cash in on the cannabis cash flow. The drug is now legal for recreational use in 23 states plus the District of Columbia and 23 states now allow medicinal marijuana. Los Angeles marijuana lawyers have heard some experts estimate the industry could balloon to $80 billion over the next decade.

Los Angeles marijuana supply chain lawyerThe interest of companies adjacent to the cannabis industry especially is expected to soar – everything from packaging and advertising to purveyors of point-of-sale technology that allows marijuana producers to keep accurate track of their products from seed-to-sale.

Supply chain companies are increasingly willing to form ties with the cannabis industry, which just 10 years ago was illegal in most states. The fact that it’s still illegal under the U.S. Controlled Substances Act means there is still some risk for those associated. That’s why it’s best to check in with an experienced Los Angeles cannabis business lawyer before signing any contracts to ensure your operations meet California cannabis regulatory compliance rules, thereby reducing your risk of both state and federal scrutiny. Continue reading

Lawmakers in California are exploring ways to ease the financial pressure many pot companies are under, with many saying lowering taxes on cannabis products being one of the best ways to facilitate real competition against the black market. Our Los Angeles marijuana lawyers know this has resulted in serious struggle for some shops in the last year since recreational marijuana hit the market. The AP reports a number of marijuana industry-backing state legislators have proposed a measure that would cut taxes for these firms and offer a much-needed jump-start needed to get back in the game.Los Angeles marijuana lawyer

Assembly Bill 286 proposes to:

  • Temporarily lower from 15 percent to 11 percent the tax legal buyers pay when they purchase from a California dispensary
  • Ax the nearly $150 tax applied per pound on farmers – at least for the next three years.

Analysts say sales of legal marijuana in the last year from $3 billion in 2017 to $2.5 billion in 2018. This is of huge concern because in 2017, the only kind of marijuana available for purchase was medicinal. Recreational marijuana wasn’t available for retail until Jan. 1, 2018.

Legislators opined the high taxes were hurting the companies that are trying to follow the law by creative cash incentive for consumers to seek black market retailers. This was the incentive for the Temporary Cannabis Tax Reduction bill.  Continue reading

A federal lawsuit against the U.S. Drug Enforcement Administration and the U.S. Department of Justice, challenging the constitutionality of the federal law designating marijuana a Schedule I controlled substance proceeded recently to the next level with oral arguments before the U.S. Court of Appeals for the Second Circuit. As our Los Angeles marijuana patient attorneys can explain, the crux of the argument by plaintiffs of the claim, first filed in 2017, is that the designation ignores the merits of the drug for medicinal purposes. The appeal was heard last month by the three-judge panel. Los Angeles cannabis lawyer

Plaintiffs in the lawsuit include a 12-year-old epilepsy patient, an 8-year-old Leigh’s syndrome patient, an Iraq war veteran and sufferer of post-traumatic stress disorder, a former NFL player who heads a hemp company hawking sports performance products and a non-profit that helps minorities get ahead in the legal cannabis market. Defendants are acting-Attorney General Matthew Whitaker, the acting director of the DEA and the federal government.

The appeal, limited to presentations of just a few minutes per side, rests on a dispute of the assertion that the Controlled Substances Act violates the 5th Amendment, which guarantees the right of citizens to preserve life and health.  Continue reading

As marijuana legalization continues throughout North America, there is still significant public and private interest resistance to its proliferation. One of the legal ground on which these cases have been tested throughout the country is a federal law known as the Racketeer Influenced and Corrupt Organizations Act of 1970, also known as RICO. As our Los Angeles marijuana defense lawyers can explain, this was a law intended to battle organized crime and the mafia. However, it’s been used in several recent federal cases to intervene with legal marijuana businesses and users – one of the most recent in Petaluma, California, marking what is believed to be the first time this legal argument has been used against marijuana businesses in the state. marijuana RICO attorney

But in that case, as in many of the cannabis company RICO civil lawsuits pursued nationally, a federal judge has ruled against the plaintiffs.

According to The Argus Courier, a U.S. District Judge held that neighbors of a cannabis company and its lead grower can’t be sued under RICO anti-corruption laws because nuisances related to noise and bad smells don’t cause the same kind of tangible financial losses intended to be addressed under RICO. Continue reading

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