Articles Tagged with Los Angeles marijuana attorney

All eyes in the cannabis community will be on four states this November as ballot initiatives could add more states tomarijuana lawyer the growing list of places where either recreational or medical marijuana is legal. Two of the states — Utah and Missouri — currently have no marijuana protections and would be looking to add medical. The inclusion of these two would bring the number of states with some form of legal cannabis to 32. Meanwhile, Michigan and North Dakota are no strangers to marijuana legislation, each one already having medical marijuana permissions in place while looking to move forward into recreational cannabis in November.

According to The Motley Fool, early polling shows Michigan is expected to be a close call in their ballot initiative to legalize recreational marijuana. Proposition 1 would permit use and possession of marijuana for those 21 and older as well as sales and taxation on those sales. Under the measure, 12 plants would be allowed for personal growth in private residences. Like California and other states, though, cities and local governments would have the right to ban or regulate businesses in their jurisdictions. A 10 percent excise tax on retail sales would go toward education and be divided among local coffers. Continue reading

The road to marijuana legalization is paved with regulations, for better or worse. And it’s a bumpy road that marijuana delivery service businesses have had to learn to navigate.marijuana delivery

Delivery businesses specializing in cannabis have a unique set of rules to follow. They must abide by the laws in the local jurisdiction in which their home base is located. But they also have to take into consideration laws that dictate transport. This has led to a particular set of challenges in Sacramento County, according to the Sacramento Bee.

While adult-use marijuana was legalized in the state Jan. 1, under Proposition 64, each local government was allowed to set its own terms. Under the law, deliveries can only be made between cities that allow it.  This can be a real disadvantage to patients, some who have difficulty leaving their homes, and business owners. And product must be kept in the city where the business has a license.

In Sacramento County, as of now only the city of Sacramento has plans to receive deliveries. The city has not issued any permits yet, but eight delivery companies have registered while the permit program is being established. Meanwhile Sacramento’s pot czar says many businesses are operating without licenses, and he is on a mission to rein them in. A recent tally on a marijuana delivery website showed about 200 delivery businesses in the county. Continue reading

Proposition 64, which makes the sale and use of recreational marijuana legal in California, went into effect at the start of the year, but Los Angeles marijuana business owners had to wait to join in the fray of commercialLos Angeles Marijuana Business Attorney businesses opening their doors.

Los Angeles city council approved guidelines for the sale of recreational marijuana late in 2017, and the city hoped to have the regulations put in place by the roll-out of the Adult Use of Marijuana Act on Jan. 1, 2018. However, the city now says it needs extra time to establish the intricate rules.

Therefore, Los Angeles could not start accepting applications right away. Additionally, it usually takes weeks for a business to receive a license and meet standards with local and state officials. Continue reading

For a long time, people have been wondering how medical marijuana use will affect their employment and what happens if they get a drug test. That is a complicated issue, and it depends a lot on your employer.  With marijuana being legal for recreational use as Proposition 64 was voted into law at the last election, many more are concerned if they can lose their jobs for using marijuana for recreation.

cannabis Lawyer RiversideSome argue that it should be okay as long as you are not under the influence of marijuana while on the job. This is how things work with alcohol.  After all, anyone who is 21 or older can legally drink alcohol, but cannot come to work drunk.  It is also true that a worker can take his or her prescription Xanax and be at work so long as that is not interfering with their job, and they are not operating heavy machinery. Continue reading

Medical marijuana grow operations in California can take various forms.  In some cases, we are dealing with large outdoor grow operations that are similar to any other farms. In other cases, we are dealing with smaller indoor hydroponic grow operations.  These grow operations can produce very high quality strains of marijuana in a heavily controlled environment, but cannot produce the quantities anywhere near a large outdoor grow operation.

marijuana attorneyThere are grow operations that use massive indoor spaces, some as big as 200,000 square feet, which is around the size of a big box store, to grow marijuana in a traditional growing medium.  These indoor grow operations are secure and have special features to keep any types of mites or other pests from getting to the plants.  Modern ones require workers to wear clean suits with no pockets, and then they must go through a wind tunnel prior to coming in contact with plants to keep the pests away.  The air in these large medical marijuana operations is recycled multiple times a day or even a few times an hour to make sure there is not any contamination. Continue reading

The Second Amendment, which guarantees citizens’ right to keep and bear arms, is one of the more controversial in our U.S. Constitution. It’s been the source of much contention in our nation in recent years, but the fact remains: It is still considered a fundamental right. gavel211

Now, the U.S. Court of Appeals for the Ninth Circuit has issued a ruling saying it is a right that should be denied to users of medical marijuana. In Wilson v. Lynch et al., the court ruled that a federal law that prohibits medical marijuana cardholders from buying firearms does not actually violate those patients’ Second Amendment rights because users of marijuana are prone to behavior that is “irrational” and “unpredictable.”

The case stemmed from a lawsuit filed by a Nevada woman who sought to buy a handgun five years ago. However, she was refused the sale after the owner of the store recognized her as being a medical marijuana patient. Plaintiff asserted that in fact, she didn’t really use marijuana, but obtained a medical marijuana card in order to make a political statement, saying she supports the liberalization of marijuana laws nationally.  Continue reading

Nuisance abatement laws, codified at the state or local level, allow municipalities to fine landlords who allow “nuisances” on their properties. It was intended to curb violence and repeat police responses to the same location. However, it’s reportedly having a negative effect on those who use marijuana. rent

The Washington Post recently reported on the issue, beginning with the case of a D.C. law firm employee who, after eight years renting a residence on a quiet street in the Northeast section of the city, was evicted over the discovery of a marijuana joint. The report indicates the woman’s adult son – who had not lived with her for years – was arrested for possession of a firearm outside of a popular nightclub. Two weeks later, D.C. police officers raided her home, looking for more drugs. They didn’t find any when they stormed the home as she and her husband were helping her 8-year-old with his homework. However, they did find three cigarettes – one of them reportedly containing marijuana. No one was arrested or charged.

However, it was just a week later that the attorney general’s office in D.C. labeled the home a drug-related nuisance in a letter fired off to her landlord. That letter cited a nuisance abatement law passed in 1999 that grants the city broad power to prevail in civil lawsuits against landlords that don’t halt illegal actions on their properties. In response, the landlord evicted his tenant. Continue reading

A lack of diversity in medical marijuana licensing has raised concerns in Maryland, specifically by a number of black state lawmakers – most recently including Gov. Larry Hogan (R) and Attorney General Brian E. Frosh (D).marijuana1

Simultaneously, the Washington Post reports that there have been calls by the head of the legislative black caucus to prohibit elected officials from participating in the industry. Officials who backed the measure are questioning a fellow politician who also supported the legislation – and then later was welcomed aboard a company seeking a license to cultivate and distribute the drug. Del. Cheryl Glenn says the failure of Del. Dan Morhaim to make his dual roles clear. Both Glenn and Morhaim are Democrats from Baltimore.

These issues combined have proven impediments in a legalization process that has been marked with numerous missteps and delays since Maryland voters approved medical marijuana three years ago. Now, the state is clearing 15 companies for cultivation of the drug and another 15 companies for marijuana processing. None of those 30 companies are owned or operated by an African American – despite the fact that one-third of the population in Maryland is black.  Continue reading

Intellectual property protections – like trademarks or innovations on creative marketing – is one of the many federal benefits afforded to legitimate businesses. Unfortunately, L.A. marijuana dispensaries have long been shut out from these sort of protections precisely because they haven’t been treated as if their operation is in fact legitimate. worldwidebrand

Thankfully, that is starting to change as states pass reforms that bolster the position of marijuana dispensaries – medicinal and recreational – in our communities.

The effect that is having on the marijuana industry is being explored in the Winter 2016 issue of the Washington and Lee Law Review. The study, “Trademark Laundering, Useless Patents and Other IP Challenges for the Marijuana Industry,” delves into some of the intellectual property challenges the marijuana industry faces and how the industry is tackling those issues today. Because cannabis remains a Schedule I narcotic under federal law, despite progressive state-level reforms, those who grow and sell the drug or its derivatives have found themselves unable to secure banking services, saddled with onerous tax burdens, unable to count on the enforcement of contracts they sign and trouble finding good marijuana lawyers who are willing to take on the complex and ever-changing regulatory landscape. In all of this, intellectual property protection has been largely put on the back burner. Continue reading

Last month, the U.S. Food and Drug Administration (FDA) quietly approved a drug called Syndros, which is a synthetic form of THC, the active ingredient in marijuana. Its use is limited to patients who are suffering from AIDS and cancer.laboratory

Syndros is the liquid version of a drug called Marinol, which was approved back in 1985 as a synthetic cannabinoid. However, Marinol only comes in pill form. Syndros is the liquid form. Marinol was approved in the mid-80s to treat the same conditions as Syndros.

Interestingly, the approval of this liquid synthetic came around the same time the U.S. Drug Enforcement Administration (DEA) refused to reclassify marijuana as anything but a Schedule I narcotic, despite petitions from lawmakers to knock it down to a Schedule II. In the agency’s refusal to take this action, officials cited lack of proof that marijuana serves any legitimate medical purpose. Yet we are making synthetic versions of it for uses that are clearly legitimate and medical? Continue reading