Articles Tagged with California medical marijuana lawyer

In the David versus Goliath of weed, five plaintiffs are taking on the federal government’s archaic stance on cannabis, claiming they have “suffered medical marijuanaharm, and … are continually threatened with additional harm” as a result of marijuana’s Schedule I classification under Controlled Substances Act, 21 U.S.C. Section 812.

Arguments recently began in U.S. District Court Southern District of New York for the lawsuit filed against Attorney General Jeff Sessions, Department of Justice, U.S. Drug Enforcement Agency and its director Chuck Rosenberg, and, to top it off, the United States of America.

Plaintiffs include a military veteran who uses cannabis for post-traumatic stress disorder, a former pro football player with a business that sells hemp-based products, representatives for two young children, each of whom suffer from severe medical issues, and Cannabis Cultural Association, a non-profit organization meant to help minorities benefit from the cannabis industry, according to an article from Associated Press. The lawsuit also outlines that, while not a class action, it would benefit tens of millions of Americans who depend on marijuana’s medical properties. Continue reading

One of the beacons of hope for medical marijuana businesses during these uncertain times has been Rohrabacher-Blumenauer, an amendment thatmedical marijuana lawyers blocks the Justice Department’s ability to spend money on prosecuting medical marijuana operations that are compliant with their state’s relevant laws.

However, this amendment is not a permanent structure and is put in peril every time the government shuts down and Congress must pass a spending measure. Given the tumultuous nature of the current budget debates at the federal level, this has already happened multiple times this year. Each time Congress goes for a vote, the medical marijuana community must hold its breath and wait to see if the amendment will be included in the next budget parameters. That’s no way to treat respectable business owners.

So far it has survived each round, but with another vote coming up in March, we’re not in the clear just yet, according to Leafly.

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As medical marijuana legalization is becoming law of the land in states across the country, many states are California Medical Marijuana Lawyersstruggling with best practices and how to implement the laws quickly and correctly. It often falls to state departments, local legislatures, and other agencies to sort out licensing and sales practices.

Though this process can be difficult for the government agencies in charge of such oversights, it is the citizens of the state who suffer the most when provisions are dragged out unnecessarily.

This has led to lawsuits filed by those who allege they have experienced direct pain or damages due to the way states are implementing new laws. Continue reading

As everyone knows, medical marijuana is illegal under federal law because it is listed as a Schedule I drug. While a majority of states and the District the Columbia have legalized medical marijuana, the federal government could theoretically (though not practically) crack down on these states and their residents at any time because of the Supremacy Clause of the U.S. Constitution.

LA Medical Cannabis Lawyer The Supremacy Clause of the U.S. Constitution essentially states that if Congress creates a law under the enumerated or implied powers afforded to it by the Constitution, that law is supreme to any state or local law. Whether congress has the power to act on in certain area has been subject to much debate and judicial decisions, but for the purposes of this blog post, we understand that congress has the power to regulate the licensing of drugs sold in the U.S. Continue reading

With all the talk about legalization of marijuana for recreational use for adults in California, many are wondering what will happen to the medical marijuana market.  One thing that is certain is that medical marijuana patients will still be able to get their much-needed medicine.

marijuana deliveryThere is a good chance they will still be able to get it from the same dispensaries they have been going to because of the fact that colocation will be legal in most places.  This means that the same dispensaries that are already in existence will be able to also sell marijuana for recreational use. Continue reading

In 2015, a bill was first introduced that was designed to allow states to have legal medical marijuana or even recreational marijuana without any fear that the federal government would step in and enforce existing federal drug laws.  This is important, because marijuana is still a Schedule One controlled substance on the United States Controlled Substances Act of 1970 (USCSA).

LA Medical Marijuana LawyerThe previous attempt at the CARERS Act, which stands for Compassionate Access, Research Expansion, and Respect State, called for moving marijuana from the highest schedule and moving it down to a Schedule Two controlled substance. Continue reading

Despite the fact that the majority of Americans support medical marijuana, there have been two recent incidents involving marijuana that show the National Association of Stock Car Auto Racing (NASCAR) is not quite ready to embrace medical cannabis as of yet.  The first incident involved a NASCAR Monster Energy Cup Series team that got a sponsorship from a cannabis company and tried to put the company’s logo on the car hood, according to a recent news article from the Charlotte Observer.

LA Medical Cannabis LawyerOnce NASCAR officials saw the car with this medical marijuana company logo, including a large graphic on the hood, inspectors told the team that this was not an authorized sponsor and demanded the crew remove the stickers and decals form the car hood.  This left the car without a hood sponsor, which cost the team of significant amount of money.  This is harder on the driver, Carl Long, who is just back in NASCAR after a being suspended since 2009 for a serious violation involving his car in what was then called the Sprint Cup All Start Race. Continue reading

According to a recent news article from the New York Times, questions have arisen regarding the level of expertise of a medical marijuana “panel of experts” in charge of vetting dispensary applicants.  The commission was established New York decided to legalize medical marijuana in 2014.  Like other states, the process has moved slowly and is facing several seemingly self-inflicted obstacles standing in the way of patients getting their much-needed medical cannabis.

questionmarkThe panel is supposed to be composed of experts in a variety of related fields. However, their identities remain shrouded in secrecy.  This alleged lack of transparency has only served to fuel criticism of the actions of the medical marijuana panel.  Continue reading

What started out as a small grassroots effort to get patients their much-needed medical cannabis has become a billion-dollar industry.  While we often hear about how much money is being made in Colorado, which was among the first to legalize marijuana for recreational use, it is California that is leading the nation in sales, according to a recent news article from San Francisco Weekly.

moneyAs discussed in the article, even though Proposition 64 passed in the last election, in order to buy marijuana in California, patients still need a doctor’s recommendation and marijuana ID card, as the dispensaries will not be able to sell marijuana to the general public for at least several more months.  This is in stark contrast to states like Colorado and Washington, where anyone who is over the age of 21 can walk into a dispensary and purchase any number of cannabis products. Continue reading

A resident physician at Stanford Hospital, Dr. Nathaniel Morris specializes in mental health. In a recent editorial in Scientific American about the difference between the way health care providers view marijuana and the way the federal government regulates it, Morris expresses disbelief at the decision by the U.S. Drug Enforcement Administration (DEA) to keep marijuana classified as a Schedule I narcotic. doctor7

A Schedule I drug is one that is considered so dangerous, it has no medically-accepted purpose. It’s in the same category as bath salts and heroin. Says Morris, “I can’t make much sense of this.”

Daily, he speaks with his mental health patients about substance abuse. In his training and experience, he has learned there are some abuses that are extremely concerning, and others much less so. The very first substance he inquires about in evaluations? Alcohol. It’s effects are seen daily by emergency room doctors after drinkers crash their cars, fall into an alcohol-induced coma or inhale their own vomit. Alcohol leads to some 1.2 million emergency room visits annually, and excess alcohol consumption accounts for nearly 90,000 deaths in the U.S., according to the U.S. Center for Disease Control and Prevention (CDC). It causes significant problems for fetuses when their mothers drink. Then there is cocaine, also a concern for pregnant women, and also the source of heart attacks and kidney failure. Methamphetamine causes rapid heart palpitations, violent agitation and hyperthermia. Opioids – including heroin and morphine – often kill patients with sudden respiratory failure. The effects are worse when the drug is used intravenously.

But marijuana? Morris says it’s an “afterthought.”  Continue reading