Articles Tagged with cannabis lawyer

The popularity of Delta-8 in California and beyond has soared in recent years. However, the legality of the substance has been called into question, with 21 states restricting it or even banning it altogether as of April 2022, sparking outcry from companies, customers, manufacturers, and distributors. delta 8 legalization Los Angeles

In California, despite having some of the most liberal cannabis laws in the country, delta-8 is still regulated and restricted. State law regulates using, possessing, selling, distributing, or producing hemp and marijuana-derived delta-8 products – similar to the way it regulates high-THC marijuana. Unlicensed distributors (either online or with brick-and-mortar stores) aren’t allowed to sell any hemp-derived products (including Delta-8) with more than 0.3 percent THC. Licensed dispensaries, on the other hand, can. They can also sell delta-8 that is derived from marijuana. State law also regulates and restricts delta-10, THC-O and HHC products that contain more than 0.3% THC.

That said, back in may a federal appellate court in California held that delta-8 THC and other hemp-derived substances are legal under the 2018 Farm Bill. The U.S. Court of Appeals for the Ninth Circuit ruled this was true even if the products contained properties that were psychoactive.

The three justices unanimously held that goods made with delta-8 THC are legal under U.S. law. The Farm Bill establishes hemp as any part of the cannabis plant – including all cannibinoids, extracts, and derivatives – that contain less than 0.3 percent delta-9 THC by weight. However, the federal law says nothing about delta-8. The court said that while the wisdom of legalizing delta-8 products could be up for debate, it would not substitute its own policy judgment for that of the United States Congress. Continue reading

Marijuana retailers in the Golden State have been doing an an amazing job impeding underage access to cannabis. That’s according to a new study just published in the Journal of Safety Research.marijuana business lawyer

This is excellent news because one of the core points of opposition to legalization of recreational marijuana sales in California was the potential for rampant youth access. This analysis shows that California cannabis companies are doing more than paying lip service to the promise of avoiding this outcome. They are – both in policy and in practice – keeping minors away.

As our Los Angeles marijuana business lawyers can explain, being lax with policies and protocol intended to block those under 21 from accessing cannabis can result in major legal headaches for pot shops. Adults over 21 can purchase, possess, and use small amounts of marijuana legally in this state. But California Health & Safety Code 11361 prohibits adults from selling, giving, or offering marijuana to a minor, inducing a minor to use marijuana, or employing a minor to transport, sell, or give away marijuana. To do so is a felony punishable by between 3-5 years in prison. The exact penalty depends on the age of the minor, the circumstances of the case, and the criminal history of the person accused.

According to the report, the researchers sought to analyze the industry’s compliance with state-level personal identification requirements in California. So they chose 50 randomly-selected retail outlets to determine if one could get in without presenting ID. But 100 percent of the time, the shop required ID be shown, and refused entry to anyone without identification showing they were older than 21.

The consistency of this compliance was something researchers noted with surprise – but it’s not all that shocking to our marijuana business lawyers, considering the penalties lawful operations face if they break the law. Retailers face being shut down completely for illegal activity if they allow access to youth. Police are allowed (and have been known to) use underage decoys to test cannabis business compliance with these rules. That’s why most often, licensed shops require identification upfront, before a person is even allowed into the main portion of the store. Continue reading

The City of Los Angeles has been urged to stop its pot shop vetting process and initiate an independent audit amid complaints that some applicants were given unfair early access.cannabis lawyer

The Los Angeles Times reports City Council President Herb Wesson wants the city to temporarily suspend the approval process until these concerns can be rectified.

As our Los Angeles cannabis business attorneys can explain, the current system only allows for review of a limited number of applications, so it’s done on a first-come, first-serve basis. The concern with this approach is that some applicants had an edge when it came to faster submission.Would-be cannabis entrepreneurs in economically-disadvantaged areas (coincidentally those hit hardest by the decades-long war on drugs before marijuana became legal) struggled to keep pace with those in wealthier communities with widespread access to high-speed internet. Continue reading

Federal traffic safety officials have expressed concern that with a growing number of states legalizing recreational marijuana, law enforcement may be thwarted in their attempts to enforce laws on marijuana DUI because they won’t be able to test for the drug.marijuana dui defense

One of the main problems is the lack of a reliable quantifiable standard to gauge intoxication. With alcohol, adults over 21 in all 50 states are considered impaired by alcohol if their blood concentration of the substance is 0.08 percent or higher. This is called the per se limit.

As our marijuana DUI defense lawyers can explain, there is no per se limit for marijuana in California or in most other states, whether the drug is legal or not. Even in states where there is a per se limit, such evidence can be vexing for prosecutors because it’s undeniably inaccurate when it comes to actually proving intoxication. Unlike alcohol, which dissipates very quickly from the bloodstream, THC (the intoxicating element in marijuana) is processed much slower by the body. A person may have used the drug the day before – or use it regularly – and no longer be intoxicated, but still meet the per se threshold. Continue reading

Federal reclassification of marijuana could soon be on the horizon sooner than we think, thanks to a recent appellate ruling in a case that pits parents of sick children against the U.S. Department of Justice. cannabis lawyer

The case, Washington v. Barr (previously Washington v. Sessions), challenges marijuana’s status as on of the most dangerous narcotics listed in the U.S. Controlled Substance Act, on par with heroin and LSD.

Such challenges aren’t new, and it appeared initially as if this case might go the way of all the others. But what our cannabis lawyers noted as unique – and possibly groundbreaking – in the recent U.S. Court of Appeals for the Second Circuit’s ruling wasn’t only that justices denied the government’s motion to dismiss and allowed the case to proceed, but that the court:

Took the rare step of asserting it would retain jurisdiction of the case, holding it in abeyance, citing the dire medical needs of children involved;

Effectively put the U.S. Drug Enforcement Administration on notice of the expectation that reclassification needs to happen soon – within a matter of months. Continue reading

Once seemingly-impenetrable marijuana regulations loosening their grip across the globe. With that, California cannabis business and industry leaders are ramping up efforts to establish shops and services that are not just licensed, stocked and accessible, but that give them an edge on increasingly fierce competition. That means strategic locations, expanded delivery services, a diversified product line and experts as employees.cannabis company lawyer

Cannabis stocks have risen sharply in recent years, and despite hesitation given that it remains a Schedule I narcotic, the trend is expected to continue through the Q3 and Q4 of 2019.

But cannabis business attorneys urge entrepreneurs to carefully consider the full picture before taking their stock public. The process is complex and expensive – and risky. That risk can pay off, but it’s imperative to first discuss your marijuana business plan with a qualified lawyer because surging forward without careful deliberation and sound reasoning. Continue reading

Marijuana did not pass muster as a holy sacrament with an Indiana state circuit court judge last year, citing now-Vice President-then-Indiana-Governor Mike Pence’s championed Religious Freedom Restoration Act. Whether the state appellate court might have agreed about the legitimacy of the First Church of Cannabis and its use of the drug for religious purposes won’t be known anytime soon. According to Indiana Public Media, the Indiana Court of Appeals dismissed the case after the plaintiff, founder of the church, failed to pay a court transcript fee or respond to the state’s motion to dismiss with an argument for why the court should allow the case to move forward. cannabis attorney

Los Angeles marijuana attorneys know the case won’t have much of an impact here in California, but it was interesting from a legal standpoint for how it might have impacted other states where the drug remains illegal for any purpose.

The state’s RFRA established a legal standard (unique to Indiana) requiring the government prove a compelling reason to restrict someone else’s religious practices and a burden of proof to show that it is doing so in the least burdensome way possible. Continue reading

Corporate investing in California marijuana businesses and sales is driven by the consumer demand for these products. A survey of 2,000 consumers in the U.S. and Canada, conducted by a global management and strategy consulting firm, revealed more than 50 percent of respondents in both countries indicated they would dabble in the drug if it was allowed by law – if or or when that happens.cannabis lawyer

Cannabis will be legal in Canada officially on Oct. 17. In the U.S., however, federal law prohibits the drug’s use or sale for any purpose, but the law is not evenly enforced given the fact that 30 states plus Washington, D.C. have approved it for some level of use, a handful of those – including California – allowing recreational use with restrictions.

The research was released in this moment where big-name brand corporations are toying with the notion – some seriously – of investing in legal marijuana businesses in California and beyond. Continue reading

The federal government needs to reform laws on cannabis so legal cannabis businesses in states that have de-criminalized marijuana can operate more efficiently and without the threat of federal prosecution. Los Angeles marijuana business lawyers know many cultivators and purveyors of marijuana face challenges on a range of issues, including tax challenges and difficulty finding financial institutions, even though there has been a thriving marijuana industry for a long time in California.cannabis

Crafting smart policies in connection with drugs is vital. The agency in Washington that plays a major role in crafting drug policy is called the White House Office of National Drug Control policy. According to the Washington Post, this Office is currently facing substantial cuts. If budget cuts which are currently being discussed occur, the cuts could undermine the ability of the federal government to create and enforce the nation’s drug laws. Continue reading

A California man was arrested recently in connection with an alleged crime involving a chocolate bar containing THC. According to KEYT, the incident occurred on March 12, 2017 and the man was arrested both because of other drugs found during a search, as well as because he was accused of not disclosing to the woman who consumed the candy that there was cannabis in the confectionary treat. marijuana defense

Under the laws in the state of California, knowingly providing an edible cannabis product to another person without first informing the recipient that the food contains cannabis can be considered a form of unlawful poisoning. This can result in legal charges and criminal prosecution. If you are arrested for this type of crime or if you are arrested for any offense related to cannabis, it is important you contact a marijuana criminal defense lawyer for help responding to serious charges.

You could potentially face substantial penalties for the crime of poisoning or other marijuana crimes, and you should work with your attorney to develop a sound legal defense strategy aimed at securing an acquittal or aimed at reducing possible penalties through the effective negotiation of a reasonable plea bargain. Continue reading

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