Articles Tagged with Los Angeles marijuana lawyer

Many retailers extend promotional offers to drum up new business or garner awareness of a new product. However, just as with almost every other aspect of operation and sales, California cannabis companies must be especially careful about how they market and promote their product. Otherwise, as our California cannabis lawyers can explain, distributors may find their green business deep in the red – and themselves in handcuffs. marijuana lawyer

Recently, The Olympian reported recently that a pot shop owner in a Washington state suburb drew the attention and ire of state regulators for allegedly passing out free samples in violation of the state’s recreational marijuana laws. An undercover investigation was launched after officials received an anonymous tip about an alleged illegal marijuana club on site. Social media advertisements indicated free samples to the product were provided upstairs. Undercover officers began investigating the pot shop, and were offered free samples by an employee, who told them they could try it in another section of the building that wasn’t licensed. The officers reported that when they got to this portion of the building, they saw several individuals smoking marijuana.

The problem is marijuana retailers cannot, as Los Angeles cannabis business lawyers can explain, offer a ‘try it before you buy it” sort of deal for marijuana customers. This is largely owing to the fact marijuana business licensees in California, just as in Washington, are required to keep track of their product from seed to sale. By diverting products to be distributed as free samples, they are in violation of the law.  Continue reading

A couple from Minnesota was recently convicted on federal possession with intent to distribute charges after they were accused of hauling more than 1,000 pounds of California cannabis in their RV and were on their way home when they were stopped in Montana. They face between 5 and 40 years in prison for the charges, plus a $5 million fine and up to four years of supervised release. It’s not clear exactly how officers were tipped off to the pair, though Los Angeles marijuana business lawyers understand Montana authorities were notified via the Minnesota drug task force before they were stopped leaving a casino. Defendant reportedly told authorities he was paid $20,000.Los Angeles marijuana lawyer

Transport of marijuana across state lines has always been a federal crime, and the fact the drug can now be obtained legally by adults in states like California has not changed that. Even traveling from a state like Washington to California – where the drug is legal for recreational purposes in both states – is technically a crime in the eyes of federal law. It may even be considered trafficking, and you could face five years in prison for possession with intent to distribute as little as 50 grams.

Practically speaking, if you transport cannabis across state lines from one state to another where both have legalized cannabis for recreation, you may not incur any serious penalty. But if this is something you are thinking about or planning, take no action before first speaking with a Los Angeles marijuana attorney because technically, to do so IS a crime. Continue reading

Although cannabis has been legal in California for recreational use since the start of this year, Los Angeles marijuana lawyers know there continues to be much confusion as to what is allowable and what isn’t in the course of conducting business. One legal woe cropping up of late involves marijuana shipping and transport. Shipping out-of-state (or sometimes even in-state) is fraught with legal pitfalls. If you are not careful, you and/ or your associates could wind up facing serious criminal charges, not to mention hefty fines.Los Angeles marijuana business lawyer

Because the federal government considers marijuana to be a dangerous narcotic, it is a federal felony offense to transport it interstate. Because of the Supremacy Clause in the U.S. Constitution, the federal government can prosecute you for federal crimes, even if your actions are legal under state law. In-state transfers can be done lawfully, but it depends on the circumstances.

California’s Bureau of Cannabis Control lays the groundwork for the state’s digital track-and-trace system and is responsible for licensing every vehicle used to transport marijuana across the state. Continue reading

Almost 1 in 5 California marijuana products have failed tests for purity and potency by the state’s Bureau of Cannabis Control since the agency began mandating checks at the beginning of July. The Associated Press reported that some cannabis farmers and distributors are blaming the failure rate not on product quality but rather on standards that are unrealistic and aren’t aimed to protect the public. Technical glitches haven’t helped.marijuana lawyer

Cannabis-infused cookies, tinctures and candies have been especially hit hard, with approximately one-third of its product removed from store shelves.

Other problems revealed (albeit on a smaller scale) by state-licensed testing firms are finding too-high levels of solvents, pesticides and bacteria, including salmonella and E. coli.

Within just eight weeks of testing, some 2,000 samples failed out of more than 11,000 Our L.A. marijuana product attorneys understand that in some of those instances, the product had to be destroyed, but a lot of the problems arose from issues with labeling, which are able to be fixed. Just for example, if a label on a container indicates a product has a potency level different than what’s on the label, the product can simply be relabeled and then move to market. Continue reading

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

An ally in the fight for states rights to enact marijuana legislation has come from an unlikely place. A landmarkmarijuana rights Supreme Court decision is primed to have a major effect on marijuana rights throughout the country, but the content of the case is not cannabis: It’s sports gambling. The recent decision in Murphy v. National Collegiate Athletic Association opposed a federal law that prohibited states from legalizing gambling on sports. At the heart of the lawsuit is a states’ rights issue, one that will set a precedent far beyond betting on games.

The case began with Congress passing the Professional and Amateur Sports Protection Act in 1992, which made it illegal for states to allow sports gambling if they did not already have laws permitting the activity on the books, according to an article from The Hill. Years later, in 2011, New Jersey voters passed a ballot initiative to amend the state constitution and put in place sports gambling permissions and regulations, which sparked the lawsuit with NCAA and sports leagues. It was determined this was in violation of PASPA, so New Jersey legislators instead repealed the laws they had in place forbidding sports bets in casinos, hoping to create one legal avenue. Federal courts stuck down this action as well, which forced a Supreme Court decision on the matter. The Supreme Court, however, sided with New Jersey, stating that PAPSA violated anti-commandeering doctrine. Continue reading

Adult-use cannabis became legal in California Jan. 1 with Proposition 64 going into effect. Many cities and counties however have decided to maintain a ban on marijuana, and others did not have local regulations in place in time for the official roll out of the law.marijuana business attorneys

But even after just a few weeks, the state government is already reaping big cash benefits reefer. Gov. Jerry Brown estimates $643 million in marijuana excise taxes in the first year, according to a Los Angeles Times report. Earlier projections estimated tax revenue could eventually hit $1 billion. Brown cautioned we don’t fully know every market issue that is at play, so local governments should be careful before enacting any sweeping measures.

Even as such, the lower estimates more than cover the $52 million California budgeted for 2017-2018 to establish and run the marijuana licensing system. The $643 million also does not include local sales taxes or state license fees. It costs businesses $1,000 for a license to sell cannabis. The fees are set to cover all costs associated with permits, including background checks, and resources necessary for processing and issuing. Continue reading

While Attorney General Jeff Sessions is doing all he can to hold states to federal law regarding marijuana, some representatives are pushing to Los Angeles marijuana legalizationeliminate federal grasp over cannabis altogether and begin the healing process of the destruction caused by the war on drugs.

The Marijuana Justice Act of 2017 was originally introduced in the Senate by Cory Booker (D-New Jersey) in August, where it stalled. Two representatives from California — Barbara Lee (D-CA 13th District) and Ro Khanna (D-CA 17th District) — are now trying to get a companion bill before the House of Representatives. The objective of these bills is to remove marijuana as a Schedule I narcotic in the Controlled Substances Act, 21 U.S.C. Section 812.

This move comes on the heels of Sessions rescinding a directive, known as the Cole Memo, issued in 2013 by the Department of Justice during the Obama administration, which indicated that federal prosecutors should not pursue charges in relation to illegal marijuana activity so long as those in question were abiding by state laws. Continue reading

While medical marijuana is legal in Los Angeles pursuant to state law, and the use and sale of recreational marijuana is going to be legalized in 2018, it is still illegal as it a Schedule One controlled substance on the U.S. Controlled Substances Act of 1970 (USCSA).  This means that a marijuana industry business owner cannot have a bank account for his or her business.  This results in business owners having little choice but to store large amounts of cash on hand at all times and that makes them targets for robbery. This is addition to the large amounts of marijuana on hand that is also a target for robbery.

medical marijuana lawyers LAAccording to a recent news article from NBC 4 News, a dispensary in North Hollywood was robbed in what police have described as a takeover robbery.  The alleged offense involved four suspects, two male and two females who rushed into the Los Angeles medical marijuana dispensary with various firearms and took large amounts of cash and marijuana. During the robbery, the suspects attempted to destroy the security cameras, but it appears that some footage was captured prior to that.  A worker at the dispensary allegedly recognized one of the suspects as a regular patient at the dispensary.  When the police were called, they stopped a vehicle matching the description of the suspect’s vehicle, but it was not the correct car. Continue reading

Part of legitimizing the marijuana industry in California involves making sure the storefront operations are inviting, secure and professional. That’s why, as The Los Angeles Times recently reported, an increasing number of marijuana dispensaries in Los Angeles are modeling their operations after one of California’s most successful companies: Apple.customerservice

One example noted was in Santa Monica, where salespeople don bright red t-shirts and cheerfully greet patrons. The merchandise is lined up carefully on chic wooden tables adorned by iPads. The reporter couldn’t help but draw parallels to the successful technology firm. But the gadgets laid out for display weren’t iPods – they were vape pens, for consumption of marijuana and derivatives.

This is a stark departure from the days of burglar bars and bullet-proof glass. Some are calling it a “makeover,” but it’s part of a strategic plan by marijuana dispensaries in California to establish some legitimacy in the market. This mirrors the advancing power and presence of the industry on the national stage. Continue reading