Articles Tagged with California marijuana lawyer

California vineyards seeking to cash in on possible cannibdiol-infused (CBD) wines may benefit from provisions of the much-touted 2018 Farm Bill, which amended the federal Controlled Substances Act to remove restrictions on both hemp and hemp-derived CBD, which is unique from marijuana in its lack of THC, the psychoactive agent in cannabis. However, as experienced Orange County cannabis industry attorneys, we urge wineries to proceed with caution and legal consultation.Orange County hemp lawyer

Although the impact of removing restrictions on hemp and hemp-derived products is likely to be significant, technically federal agricultural subsidies don’t rope in growers of vegetables and fruits – including grapes. Plus, even as the federal ban on marijuana lifted, many states – including California – still have laws on the books making it unlawful to infuse hemp in alcohol or food products. The Farm Bill expressly allows states to govern their own regulation of hemp production, the same as it does with alcohol.

Congress did direct states to both license and track any hemp produced from seed-to-sale, but gives state lawmakers the authority to impose tighter hemp regulations if they so choose. However, state rules can’t be any less strict than federal guidelines and those regulations do need to get the U.S. Secretary of Agriculture’s approval stamp. Continue reading

Amid the booming Southern California cannabis industry, the City of Sacramento is weighing whether to lift the existing cap on the number of marijuana dispensaries licensed to operate in the city, the primary goal being to offer more opportunities to minorities. Since 2014, the number of pot dispensaries permitted by the city has been capped at 30. When recreational marijuana was legalized in California almost a year ago, the city maintained that cap, allowing only those dispensaries that already existed authorization to continue selling. No new licenses were distributed. Of those dispensary owners, not a single one is black. This is problematic and has been vocally opposed by the California Urban Partnership. City officials say they don’t track dispensary owner race. California marijuana dispensary attorneys

Still, it is considered an issue worth addressing, particularly considering people of color are more likely to have been victimized by the failed War on Drugs and have prior drug-related convictions. The city did form a program, CORE, that will waive permit fees for new dispensaries, but because of the cap, no new dispensaries can even be opened once the program officially launches.

Talk of raising the number of dispensaries allowed in the city arose for this reason, though the mayor conversely suggested preference could be given to minorities should one of the existing dispensaries happen to close. However, that’s fairly unlikely, given how lucrative California marijuana dispensaries are and will almost certainly continue to be.  Continue reading

Los Angeles marijuana defense attorneys need to stress that while marijuana is now legal for recreational cultivation, processing, distribution and use, that doesn’t mean these things are 100 percent lawful. Although it’s true penalties for certain crimes are more lax, offenses more likely to result in fines than prison time, the latter isn’t impossible.Los Angeles marijuana defense lawyers

Last month, authorities announced a 39-county marijuana grow sting, busting 250 unlawful cannabis cultivation sites, resulting in the arrest of more than 50 people and seizure of some 614,000 plants. State and local law enforcement said such action was necessary to halt the (apparently) still booming black market. These sites are arguably a threat to registered, licensed operators, who are required to pay hefty taxes and undergo stringent product testing to ensure safety.

Los Angeles marijuana defense attorneys recognize that legalization of marijuana in California has made the drug far more accessible, and the hope was always that black market sales would halt or at least dwindle. However, there have been an increasing number of grow house busts across the state in recent weeks. Continue reading

Long-time California cannabis attorneys advocating for cultivation, production, sales and possession have long been fighting fear-mongering and stigma where the plant is concerned. Still, one of the oldest – and frankly more compelling –  arguments against legalizing the drug is that marijuana has innate chemical properties that induce a powerful psychosis. Of course, for most people, that effect wears off quickly. However, for certain persons with genetically predisposed conditions, there could be a higher risk of acute, long-term psychosis.California marijuana lawyers

Furthermore, frequent use of more potent pot strains heightens the danger for these individuals.

Sounds scary, right? Certainly, it’s something that businesses in the marijuana trade would want to be aware, as it creates the potential for a civil product liability lawsuit. With popular support of legal cannabis only swelling, it’s not clear a small percentage risk will make a huge dent in sales, but given the gravity of the alleged condition, it’s worth exploring. But before anyone gets too paranoid, marijuana attorneys in L.A. urge a bit closer look. What you don’t see at first glance is:

No. 1. It was marijuana prohibition that pushed the plant to contain higher concentrations of Tetrahydrocannabidinol (THC), the chemical that gets you high.

No. 2. The regulation of marijuana, which includes caps on potency and lowers the risk of criminal penalties for selling or possessing larger quantities means it should not (and does not need to be) so potent. Newer strains sold in dispensaries might be slightly “weaker” than what you’re used to on the street, but they also tend to contain more of the second major chemical, Cannabidiol (CBD), which counteracts psychosis AND has all sorts of medicinal properties. Continue reading

Our neighbors to the north formally legalized marijuana for recreational use as of today, Oct. 17, 2018. Canada, seemingly more well-known for its syrup, cold winters and mounties, is now likely to become even better known for its easy access to marijuana. Our L.A. marijuana lawyers understand there may still be numerous questions pertaining to how international relations will work – everything from individuals traveling with the drug to how businesses interact in the course of international commerce.L.A. marijuana lawyer

The impact of the heralded Cannabis Act creates uncertainty on both sides of the border. Americans want to know how the law might affect them when crossing into Canada and reentering. Canadian business people (particularly those in the cannabis industry) and tourists may have concerns for who they will be treated at the U.S. border.

Our L.A. marijuana lawyers would encourage anyone with specific questions – particularly as it relates to a cannabis business – to discuss these with an attorney before taking any action. Similarly, someone facing any type of criminal charges or other legal action should consult with a lawyer first. That said, here are a few general answers that may help clear the air. 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

Recreational sales of marijuana in California will be legal by next year, yet most financial institutions refuse to allow marijuana companies to open up business accounts. Entrepreneurs remain uncertain of how to manage a legitimate business when they’ve got mountains of cash to manage. They are asking the state and/ or municipalities to get involved. Specifically: Start a public bank that would cater specifically to cannabis companies. marijuana business attorney

Some leaders and candidates are beginning to warm to the idea, which would involve a government-owned institution with the authority to take deposits, issue loans and be on board to work with business that derive profit from marijuana – even though it’s a Schedule I narcotic.

California Lt. Gov. Gavin Newsome, who is also vying for the governorship, has publicly backed the foundation of a government bank and held discussions with leading marijuana industry insiders. Recently, the L.A. City Council President called for an analysis into a city-owned bank that would be able to serve marijuana businesses.

Black market sales of marijuana thrived under a system that totally outlawed the drug. For decades, illicit sales lined the pockets of violent drug cartels and gangs. Legalizing marijuana, as California did with Prop. 64, would effectively quash this problem, or so it was believed. After all, when marijuana is sold in highly-regulated stores, it gives the government more control, it gives taxpayers a cut and it provides safe access for patients and users. However, recent analysis shows black market sales may not be completely eliminated. marijuana license

The San Francisco Chronicle looked at this issue in weighing the makeup of the black market.

First, there is the fact the California grows more marijuana than is consumed by residents. Prop. 64 did nothing to effect the laws in other states, but interstate borders aren’t always policed to the point every person crossing from one state to the next with marijuana would be caught. Secondly, the law did not give a rubber stamp to all growers or sellers of marijuana. Sellers have to be licensed by a state agency, and they must comply with a long series of rules that detail everything from plant testing to packaging labels to tracking.  Continue reading

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