Articles Tagged with Los Angeles marijuana lawyer

A recent lawsuit the maker of Skittles candy against a California-based cannabis company is indicative of a trend our Los Angeles cannabis attorneys expect to continue if marijuana business brands continue to copycat big-name candies. Los Angeles cannabis lawyer

In Wm. Wrigley Jr. Company v. Terphogz, LLC, the Chicago-based candymaker of Skittles launched an advertising campaign that involved the slogan, “Taste the Rainbow.” The advertising and packaging for their fruit-flavored candy shows the slogan with a large S logo. The company alleges that a cannabis company in Medocino is selling merchandize under the name Zkittlez, with illustrations of its goods advertised as looking very similar to the Skittles candy. On its website, which sells cannabis-related items and goods nationally (as well as to residents of Illinois, where plaintiff is based), it sells goods under the brand name Zkittlez, with the similar logo.

The defendants say they do not engage in cannabis sales, but rather license the intellectual property rights to cannabis companies in California nd Oregon. Defendants say they don’t engage in business in Illinois, run targeted advertising there, or run any companies or have professional contacts there. Three of the board members have never been to Illinois. Plaintiffs say, however, that prior to the website being shut down in May 2021, the Zkittlez branded goods were available for shipment to the entire U.S., with recorded gross proceeds somewhere around $32,000. The Wm. Wrigley Jr. Company is seeking treble (triple) damages for the alleged copyright infringement.

The defendants have tried to get the case dismissed. However in November, a judge rejected their motion to dismiss, meaning the case is continuing through the courts. Continue reading

Research dedicated to federal marijuana regulation models is being funded by the National Institute on Drug Abuse. Of course, this isn’t the first time NIDA pushed to study marijuana, particularly as more states have been enacting legalization laws. However, this one specifically expressed interest in the various regulatory models in place across the U.S. cannabis lawyer Los Angeles

The study solicitation encouraged study applicants to have a focus on the evolution of cannabis law and policy in the U.S., as well as globally, and the impact that has on public health. In particular, it’s looking for researchers who can help analyze the quality of various regulatory schemes for cannabis product sales, with a special focus on which elements or combos are concretely shown to minimize potential harm to public health.

It’s worth pointing out that this seems to indicate the agency is no longer fighting against an end to prohibition, but rather leaning in to the general consensus that is likely inevitable at some point. The agency outright conceded that cannabis product policies and legislation in the U.S. and around the world have outpaced the public health knowledge we have on the subject.

It doesn’t help that because of marijuana’s status as a Schedule I narcotic, the process for conducting studies on it is onerous. All researchers must comply with the standard 5 milligrams of THC per unit when conducting studies on human subjects. (That rule was put in place last year.) Continue reading

Our Los Angeles marijuana business lawyers know it’s not only companies selling cannabis that are being caught up in the regulatory quagmire of state and federal marijuana laws. Los Angeles cannabis company attorney

In recent months, there have been numerous reports of technology software companies servicing the cannabis industry facing financial consequences for that partnership. Firms have been dumped by payment processors, classified as “high risk” by credit card brands and banks (requiring higher fees to handle payments), and overall faced difficulty in the course of day-to-day businesses.

As the legalized cannabis market continues to mature, we’re seeing regulatory headaches continue for ancillary businesses like tech companies, particularly when it comes to handling banking and payment processing. This is true even for companies that never touch a single marijuana plant or product. Businesses working with cannabis growers, producers, and retailers at every leg of the supply chain have found themselves suddenly grappling with growing red tape.

The irony for some of these tech companies is that a primary part of the service they provide to the cannabis industry is the ability to more easily maintain and track regulatory compliance. Some of those who are working high up the compliance chain for these firms have literally helped to write the laws for cities across California. And even they are struggling to maintain operations and meet compliance standards. Continue reading

Our California cannabis business attorneys know this is a field that this is an area of law that is constantly evolving. Case-in-point, two bills that could have a significant impact were advanced. One involves a bill now on the governor’s desk that allows for sales of hemp-derived CBD and ending prohibition on sales of smokable hemp products. The second, a measure to mandate hospitals allow medical marijuana use by certain patients, has advanced in the state legislature. marijuana laws California

Our dedicated cannabis lawyers in Los Angeles are committed to assisting marijuana and hemp farmers, producers, retailers, and ancillary firms navigate the changing legal landscape.

Hemp Regulations

The first, Assembly Bill 45, passed easily in both the state House and Senate. The measure is the result of years of advocacy to update the laws for hemp companies in California. Continue reading

California law prohibits children (under 21) from possessing, using, or buying cannabis. Marketing for marijuana must be tailored in a such a way that it’s less likely to reach them. Proposition 64 (California’s recreational marijuana law) requires a default buffer to keep dispensaries at least 600 feet away from schools, day cares, and youth centers; local ordinances be even more stringent in their requirements. Yet pot shops apparently aren’t doing a great job of keeping cannabis away from kids, according to new research.Los Angeles cannabis lawyer

A new study published in the journal JAMA Pediatrics took a look at how well state regulations intended to keep marijuana out of the hands of minors have been working. The analysis examined the practices of 700 licensed marijuana dispensaries in the state. Researchers discovered that kids can be exposed to both marketing and products, in spite of the restrictions on both.

Dispensaries are required by law to screen out customers who are underage. Many do this with blatant signage, having a checkpoint with mandatory ID (inside or outside), and tailoring marketing efforts where ads are unlikely to reach those under 21.

For this study, researchers close to the legal age cutoff (between the ages of 21 and 23) went into hundreds of dispensaries throughout California to document their screening process. Of the shops they entered, 97 percent were compliant with ID checks. However, only 12 percent verified customers’ ages outside the shop, and nearly 70 percent did not comply in having signs indicating age limits. For the most part, dispensaries were only requiring proof of age once the person was already inside, where both products and marketing materials were in plain view. Continue reading

Inmates in prison are not allowed to possess recreational marijuana while incarcerated, according to a new ruling by the California Supreme Court. The court overturned a lower court’s decision that held prisoners were allowed to have the drug, so long as they didn’t use it. Los Angeles marijuana lawyer

The case, California v. Raybon, involves five inmates in a California state prison who were convicted on felony charges after being found with marijuana in their cells. The men appealed to the 3rd District Court of Appeal in Sacramento, which overturned their convictions after determining that while they could not legally eat or smoke pot in prison, possession of marijuana is no longer a criminal offense. As our Los Angeles marijuana defense lawyers can explain, this ruling conflicted with those of other appellate courts.

The state supreme court weighed in after a challenge from the state attorney general. In a split 5-2 ruling, the high court held that Prop 64, which legalized recreational marijuana in California, was not applicable to prison inmates. The majority opinion held that there as nothing in the ballot materials for the law that indicated voters had considered or were even aware of how this might impact possession of the drug in prison. The court stated, “it seems implausible that the voters intended to essentially decriminalize marijuana in prison.”

Had the public intended to alter the laws and policies regarding possession of cannabis in prison settings, they would have stated so explicitly, the court ruled. Further, it would make no sense that voters would wish to continue to criminalize the consumption of cannabis in prison, yet allow inmates to legally posses it. Continue reading

Measuring one’s degree of marijuana impairment has long been an interest of not only scientists, but law enforcement prosecutors and some employers. Many thought there could be a parallel to alcohol testing; but instead of measuring one’s blood-alcohol concentration they could measure the amount of THC (the primary psychoactive component of cannabis) in one’s blood. The big problem with this, of course, is that THC doesn’t behave in the body the same way alcohol does. It isn’t processed as quickly. Thus, it’s not an accurate measure of one’s degree of impairment. Los Angeles marijuana dui lawyer

This is something our Los Angeles marijuana DUI attorneys have argued for years. Now, this same conclusion was backed by a federally-funded study. Backed by a grant from the National Institute of Justice, researchers tested the THC levels of 20 individuals who either vaporized or ate varying levels of THC. They were then subjected to numerous cognitive and field sobriety tests, similar to what are used by law enforcement.

The groups that received higher doses of THC (above 5 mg) were adversely impacted in terms of their sobriety – their psychomotor skills were visibly impaired – the level of THC in their blood and other biofluids didn’t reliably reflect that. Thus, the amount of THC in one’s blood was not a good indicator of marijuana intoxication. Continue reading

Outdoor advertising of cannabis products on more than 4,000 miles of California highways (any that cross the state border) was banned earlier this year following a district court ruling. In that matter, the court sided with a resident of San Luis Obispo County who alleged the state’s cannabis regulation bureau’s read of Proposition 64 would unduly expose his teens to marijuana ads. But what does that mean for marijuana marketers? Los Angeles cannabis advertising lawyer

As our Los Angeles cannabis business attorneys can explain, cannabis advertising is not something companies should engage in until they’ve consulted with an attorney and are certain their approach is within the boundaries of the law. Having an attorney on retainer assures you can run decisions like this by someone who will be on hand to give you solid advice for whatever issues arise.

The good news is that despite blanket bans on marijuana advertising, many cannabis companies are still finding creative ways to get their brand some traction. For example, some businesses have orchestrated workarounds with state Sponsor a Highway programs. That gets them brand visibility while also complying with the law. Continue reading

Last month, supporters of marijuana legalization got a welcome surprise when conservative Supreme Court Justice Clarence Thomas questioned the constitutionality of federal prohibitions on marijuana. That line of questioning didn’t alter federal law, but it does seem to inch us closer to a reality where cannabis could be legalized, regulated and accepted the same way alcohol has. Hope has been especially high since the election of President Joe Biden. Still, the actual odds aren’t at all clear-cut. Los Angeles marijuana business lawyer

As of the beginning of this month, recreational marijuana was legal in 18 states, while medical marijuana was legal in 36. Since March of this year, five more states have enacted or introduced legislation that would legalize production, sales and use of the plant. Further, more than 9 in 10 Americans queried by the Pew Research Center believe cannabis should be legal at least for medicinal use.

Despite all this, though, marijuana continues to be classified as a Schedule I narcotic under federal law. As our Los Angeles marijuana business lawyers can explain, that’s the same category used for drugs like heroin – highly addictive and with no medicinal purpose. Obviously, the label isn’t congruent with the reality, and there is a clear disconnect between federal and state laws that has proven a fine line for cannabis companies to walk. Continue reading

Adults in California can smoke marijuana (or consume it a myriad of other ways) without fearing jailtime. However, use after-hours can still have adverse consequences for one’s employment prospects. A new bill introduced in the state legislature would change that, five years after voters legalized recreational cannabis. California marijuana employment lawyer

As longtime Los Angeles marijuana lawyers also well-versed in California employment law, we recognize this could be a substantial benefit not only for workers, but cannabis companies as well.

Assembly Bill 1256 would put a stop to the common practice of common employers who require workers to be tested for marijuana use. It would also prohibit employers from using certain kinds of evidence of prior marijuana use (urine tests, hair follicle tests, etc.) from being used to discriminate against the worker or denying them employment opportunities. The measure is sponsored by California NORML. Continue reading

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