Articles Tagged with Los Angeles marijuana business lawyer

Unsolicited marijuana business text advertisements have resulted in a number of class action lawsuits against pot providers, accused of spamming recipients with unwanted sales and deals. At least 12 marijuana ad lawsuits have been filed across the country over the last two years. Eaze, a California marijuana delivery company, is one of the first of those cases to head to court. That case was ultimately sent to arbitration last year, and the company ended up settling another similar case pre-trial for an undisclosed sum. Los Angeles marijuana marketing lawyer

Cannabis companies would be wise to turn to Los Angeles marijuana advertising attorneys before launching any sort of marketing campaign, as the navigating the legal waters of such enterprises can be fraught with peril. The reality is, marijuana marketers can’t afford to turn a blind eye to federal law that is on the side of consumers in these cases. After mounting a defense and settling a case, you could easily be looking at six-figures.

One of the primary issues in these cases are reported violations of the Telephone Consumer Protection Act (TCPA), a federal law that prohibits transmitting unsolicited advertisements of any goods, property or services to a person without their express prior permission or invitation. A cannabis advertising lawyer in California can help you review your marketing practices to make sure you aren’t risking vulnerability to such claims. Continue reading

California’s marijuana banking and labeling laws were updated recently, with Gov. Gavin Newsome (D) signing off on several laws to enact a series of adjustments to the biggest legal cannabis system in the U.S. The governor said California marijuana businesses should will need to wait until next year for bigger changes. marijuana banking

The most significant changes in this latest series are to marijuana advertising and banking laws.

Governor Approves Marijuana Business Regulation Changes

As our Los Angeles marijuana business lawyers know, finding legal banking services is still a challenge for many cannabis companies. AB 1525 will have the effect of removing the state-level penalties against banks that provide services to operations that profit from marijuana sales. Continue reading

The U.S. Department of Justice is requesting that a federal court intervene to force marijuana regulators in California to turn over records on cannabis business licenses, shipping manifests and other data. The purpose of that request remains unclear. Los Angeles marijuana business lawyer

According to L.A. Cannabis News, a petition filed within the U.S. District Court for the Southern District of California shows the federal Drug Enforcement Administration (DEA) in January issued a subpoena to the California Bureau of Cannabis Control for records pertaining to cannabis companies and owners. Regulators refused to turn the records over, citing the federal government’s failure to specify the relevancy of their request. Furthermore, the agency said they risked violation of privacy laws by turning over the records.

What is not clear to our Los Angeles marijuana business attorneys is what type of federal investigation is occurring such that would require records pertaining to legal cannabis operations. Overall, the current administration has taken a hands-off approach with respect to state-legal marijuana laws, even after they had rescinded the Obama administration memorandum directing federal prosecutors to generally avoid meddling in state-legal marijuana markets. The president has said he supports the right of state governments to set their own cannabis laws, regardless of federal-level prohibition. Continue reading

Significant reforms in the Los Angeles cannabis business licensing process may be on the horizon, as city council recently approved changes. Tweaks include tightening rules pertaining to the social equity program, implementing a lottery system for newer licenses and imposing new rules for dispensaries operating in neighborhoods that have already reached their limit.marijuana business lawyer

The initial approval of these significant changes to Los Angeles’ marijuana business licensing and social equity program marks the end of months-long delays that halted permitting and had resulted in significant frustration among stakeholders.

The changes aren’t final until council approves them one more time and the mayor signs off, but it’s a significant step. A separate motion was adopted to allow 100 of those who won social equity licenses in the lottery last year to be placed on an immediate track for approval.

The vote, however, doesn’t completely make it up to those affected by the extensive delays. Many note they’ve been paying hefty rents on marijuana business properties they have yet to be able to open. Continue reading

California businesses operate legally all over the state (under certain licensing and oversight conditions), but that doesn’t mean companies can expect a hassle if they operate near an international boarder.Los Angeles marijuana business attorneys
Of course, lack of harmony between the state and federal positions on marijuana is nothing new. But it’s important for marijuana businesses in cities close to international borders to use extra caution, and consult with a California cannabis lawyer for insight on how best to protect their investment, operation and employees from legal headaches. As The Los Angeles Times reported recently, those in Imperial and San Diego counties especially need to beware due to the closeness of the U.S.-Mexico border. The U.S. Boarder Patrol has the authority to establish checkpoints that stretch as far north as 100 miles past the international line.

In one reason case, a small van transporting about $15,000 of marijuana wholesale – locally grown, certified and state-legal – from Imperial County to a state-licensed dispensary about three hours north. However, it was stopped at a Border Patrol checkpoint on the highway – 20 miles from the actual U.S.-Mexico boarder. The distributor reports federal agents seized the entire load.

Although cannabis is now legal in some form in more than half of the U.S., shipping it across state lines is still a crime for which people across the country are being arrested. This is true even in cases where it is being shipped between two states where it’s legal in recreational form. That’s because it’s still very much illegal at the federal level. marijuana shipping

The U.S. Postal Service is a federal entity, so federal law applies (even if you’re using another carrier, such as FedEx, DHL or UPS). Whether you ship marijuana intrastate or interstate, you risk being charged with marijuana trafficking, for which there are minimum mandatory federal prison sentences depending on how much product has been moved.

Industrial hemp and its derivatives are the exception under the 2018 U.S. Farm Bill, but even that has proven problematic (just ask long haul truckers). Continue reading

State regulators have suspended hundreds of marijuana business permits, in effect halting some 5 percent of the state’s legal cannabis business operations, disrupting supply chains and retail/distribution networks statewide. Los Angeles cannabis business licensing

Some 400 companies have been ordered to halt all transactions until they ensure their licenses are brought up to “active” status.

The notices were issued by the California Bureau of Cannabis Control on Nov. 1st, directed to delivery services, retailers, microbusinesses and distributors, informing them they will no longer be allowed to lawfully conduct business until they implement the appropriate track-and-trace system credentialing and training mandated by the state.

The state agency oversees more than 2,500 marijuana businesses, each of which hold either an annual or provisional license. Meanwhile, the California Department of Public Health is in charge of handling oversight of more than 930 marijuana manufacturers and the California Department of Food and Agriculture is responsible for managing regulations and oversight of more than 3,800 cannabis farmers. Continue reading

Los Angeles marijuana business lawyers know that cannabis companies are feeling the burn of the black market. Fresh off paying their taxes (in cash) and still weighted by cumbersome California cannabis regulations that tiptoe around the federal law from which they have loose protections, many companies are fed up with the fact that doing it all the right way has them taking a black seat to illicit street sales.Los Angeles marijuana business lawyer

Ever since Prop. 64 legalized marijuana, the drug has been readily available in many communities throughout the state – just not always on the up-and-up. Because illicit marijuana sales bypass the regulatory framework set forth by the Bureau of Cannabis Control (which includes seed-to-sale tracking, laboratory testing for pesticides and potency and stringent rules on regulation), they have carved themselves an unfair market advantage.

Our Los Angeles marijuana business lawyers work with these firms to help ensure they are abiding regulatory compliance and also to fight back against the unlawful sales that threaten their livelihood. We also help cannabis entrepreneurs trying to do it the right way, despite numerous setbacks due to bureaucracy, do all they can to claw their way into the market. We also help those facing federal and state marijuana criminal charges, regulating that a big part of the problem is the lack of uniformity not just throughout the country from state-to-state but within California from community to community. Continue reading

Marijuana is the latest economic boom, with revenues spiking, with companies at every stage of the supply chain eager to cash in on the cannabis cash flow. The drug is now legal for recreational use in 23 states plus the District of Columbia and 23 states now allow medicinal marijuana. Los Angeles marijuana lawyers have heard some experts estimate the industry could balloon to $80 billion over the next decade.

Los Angeles marijuana supply chain lawyerThe interest of companies adjacent to the cannabis industry especially is expected to soar – everything from packaging and advertising to purveyors of point-of-sale technology that allows marijuana producers to keep accurate track of their products from seed-to-sale.

Supply chain companies are increasingly willing to form ties with the cannabis industry, which just 10 years ago was illegal in most states. The fact that it’s still illegal under the U.S. Controlled Substances Act means there is still some risk for those associated. That’s why it’s best to check in with an experienced Los Angeles cannabis business lawyer before signing any contracts to ensure your operations meet California cannabis regulatory compliance rules, thereby reducing your risk of both state and federal scrutiny. Continue reading

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