Articles Tagged with California marijuana lawyer

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

Proponents of the failed “War on Drugs” have long characterized marijuana as a “gateway” drug, meaning it opens the doors to use of heavier, more dangerous narcotics.marijuana lawyer

But now, a new drug rehabilitation center in Los Angeles is touting cannabis as an “exit” drug – a way out of the prison of addiction. As Leafly reports, the center, called High Sobriety, does not focus on complete and total abstinence of all substances (the hard-line approach advocated by groups like Narcotics Anonymous and other 12-step model programs). Instead, participants are encouraged to rely on marijuana as a means to cope with the difficulties of withdrawals and more. Although many treatment models staunchly discourage replacing one drug for another, that’s exactly what facilitators hope to do here. Marijuana, they say, is much less threatening than the harder drugs like heroin, cocaine and prescription narcotics for which the cannabis serves as a substitute.

The facility and its treatment model are quite new, but there is a high likelihood we’ll see more of these centers crop up if there are continued success stories. Although medicinal marijuana has been available in California for those with certain debilitating medical conditions since the 1990s, those in the treatment center won’t need a prescription, so long as they are over 21, thanks to the passage of Prop. 64 last year. 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

According to a recent news report from The Sacramento Bee, the vineyards in California’s wine country are starting to look like cannabis farms. Many are starting to enter the marijuana business.

LA Cannabis Lawyer All of these changes have been spurred on by the recent legalization of recreational use of marijuana in our state. Farmers who already have land and expertise in growing a high value crop (specialty wine grapes) are realizing that with some education in cannabis crops, they can make a lot more money cultivating marijuana. Continue reading

U.S. Attorney General Jeff Sessions is no fan of marijuana. But would he really effect policy that would upend a multi-billion dollar industry that weakens cartels, provides relief for the ailing and dying and helps hundreds of thousands of people avoid unnecessary jail time and criminal penalties? arrest

If one of his recent speeches is any indication, the answer is likely: Absolutely.

The speech took place in Virginia at a summit on violent crime. In part of his message, he called marijuana use a “life-wrecking dependency” that could be considered only slightly less terrible than heroin.  Continue reading

State law in California now says that if you are over the age of 21, you have the right to grow up to six cannabis plans for your own personal use. The law also extends to cities and/ or counties the right to impose reasonable regulation on this homegrown marijuana provision. marijuana

These two rules were both part of Proposition 64, the state’s new legalized marijuana law. However, they conflict with each other and have become something of a battleground in some cities. In the three months since the law took effect, a number of cities home implemented rules for residential growing of the plant. But these rules are testing the boundaries of what may be deemed “reasonable” in terms of regulations.

Cities are citing concerns about safety in their provisions that prohibit marijuana gardens outdoors. Others require costly permits if people want to grow the plant. There are even a few cities that have outright banned the practice.  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

California marijuana regulations – and specifically, what they should be – is the first order of business for the Bureau of Medical Cannabis Regulation. The state agency has now opened the doors for applications of stakeholders to weigh in as they craft the state rules that will govern the new legal market. marijuana

Wider medical marijuana laws passed by the state in 2015, plus the recreational legalization measure that was approved by voters in November require some type of regulatory framework put in place by the state agency. These provisions will ultimately cover the specifics of marijuana cultivation, manufacturing, transportation, sales and other market elements. But first, the agency wants input.

In the meantime, state lawmakers are busy working to hammer out a new law that would help to reconcile the various discrepancies between the medical marijuana law and the recreational marijuana law. The discrepancies currently are pitting labor unions against each other. Some of the differences involve things like who can move marijuana from farms and manufacturing plants to market. There are also numerous questions about whether marijuana businesses should be allowed to operate as a one-stop-shop. Continue reading

Although neither U.S. Attorney General Jeff Sessions or President Donald Trump have directly addressed the issue of cannabis legalization or the disconnect between federal and state laws, it does appear that the administration may likely follow the current status quo. That is, they will focus any efforts pertaining to marijuana toward attacking illegal drug cartels, rather than dispensaries or individuals who are operating legally under state law. This is the presumption, anyway, but rumors are still flying. police car

There was a blog recently that indicated White House Press Secretary Sean Spicer told a reporter that the administration would “unlikely” pursue action against states that have legalized the drug. However, when reached for confirmation of this comment, Spicer reportedly responded in an e-mail that he had “no clue where (that report) came from.”

There could be some insight provided in a recent report published by Capital Public Radio. In that piece, Sacramento County Sheriff Scott Jones commented on a recent meeting he had with Sessions, where they reportedly discussed both marijuana and immigration. In that discussion, Jones said Sessions commented that he didn’t think the federal government would put much if any time or energy on marijuana use or low-level local and state crimes. However, he reportedly said he had not ruled out the possibility of federal prosecutors getting involved where there are larger-scale operations.  Continue reading

The majority of Americans now consider themselves to be “cannabis-friendly,” or at least much more tolerant of it use, whether recreational or medicinal. Sixty percent of people in the country now live in a state that has some form of legalized marijuana, and eight states – including California – plus Washington D.C. allow recreational use of the drug. And yet, in six of those eight states that allow recreational use, we still have tens of thousands of people who are serving time in state prisons for non-violent marijuana crimes.handcuff

We have a duty in states where marijuana has been legalized for recreation, to also press our leaders for justice reform for those who have been caught in the long-standing war on marijuana, a war that has very clearly failed. Here in California, we are one of just two states that have taken action on this issue. Oregon is the other.

The Drug Policy Alliance reported in 2015 that more than 6,000 people were serving time in California state prisons or jails for non-violent crimes that involved cultivation or distribution of marijuana. When Proposition 64 passed legalizing the drug for recreation, it came with the caveat that allowed those individuals to apply for early release or parole and also to have their records expunged. It’s not clear at this point how many have taken up this offer or realize that it even exists.  Continue reading

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