Articles Tagged with Los Angeles marijuana lawyer

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

Although 36 states and Washington D.C. have some form of legalized marijuana (15 of those for recreational use), it’s still strictly illegal to cross state lines with these products. It all comes back to federal prohibition. Crossing state lines with marijuana will cause you to run afoul of federal law. Each state dictates the movement of marijuana in its own borders, but intrastate commerce is federal jurisdiction. California marijuana lawyer

More than likely though, this will change – not so much a matter of if, but when. For one thing, we’re looking at a brighter than ever possibility of federal legislation that would end prohibition and legalize the drug. Beyond that, however, there’s a clause in the U.S. Constitution that bars states from unfairly restricting commerce between states under something known as the dormant commerce clause. State laws that restrict marijuana commerce with other states are probably unconstitutional under this clause (though it hasn’t been tested). As of right now, though, states don’t have any significant incentive to change it because it’s bolstering the economy of their own citizens. There haven’t been any lawsuits to challenge it either (yet) probably because litigation is expensive, it’s unknown how the value of limited licensing in marijuana-legal states would be impacted and fiercer competition is still an unknown for these burgeoning industries.

How Marijuana Trade Between States Would Impact the Legal Industry

As longtime Los Angeles marijuana business lawyers, we’ve seen the industry ushered through many major changes. Interstate commerce would be another significant one for nearly every sector. High-quality boutique offerings could find a bigger market. Larger firms that commoditize cheaper products would be in high demand. We’d likely see an immediate demand in more efficient supply chain and logistics experts.

Retailers might not see an impact right away (unless they are close to a state border). Even if/when marijuana prohibition ends at the federal level, most retail is likely to stay local. It’s probable that federal lawmakers would want to impose limitations or an outright ban on shipping marijuana via mail. (The same is done for tobacco products.)

What is less clear is how the value of state-issued permits would become. Continue reading

The U.S. House of Representatives has passed a federal bill that would decriminalize marijuana at the federal level. It’s a sweeping measure that expressly strives to address racial inequality of drug law enforcement, though the impact could be much broader – that is, if it had a realistic shot at passing in the Senate. Our Los Angeles marijuana lawyers and most Washington insiders agree the bill is likely to falter in the Senate. Los Angeles marijuana lawyer

The Marijuana Opportunity Reinvestment and Expungement Act (or MORE Act) would remove cannabis from the list of U.S. controlled substances. It would also expunge lower-level federal marijuana arrests and convictions and provide incentives for minority-owned cannabis businesses in a market that has been expanding rapidly in recent years – not just in California, but throughout the country. Additionally, it would establish an excise tax on marijuana sales, allowing that money to be funneled into areas that were particularly hard-hit by the failed war on drugs.

The measure was largely approved along party lines, though five Republican representatives and one independent joined Democrats in passing the bill. Half a dozen Democrats voted against it. NPR quoted the bill’s sponsor as saying federal action on the issue is an imperative, given that the majority of states plus Washington, D.C. have recognized medical cannabis as legal and 15 allow its sale and possession for adult recreational use. Those who voted in favor of the bill say it is long overdue, particularly as so many of the arrest and sentencing laws have placed an unfair burden on minority and low-income communities. Research conducted by the ACLU has established that people of color are four times more likely to be arrested for possession of marijuana than their White counterparts, despite evidence these groups use the substance in equal measure. Federal estimates are that some 22 million Americans regularly use marijuana. Continue reading

Small plot, outdoor California cannabis farmers are among those who stand to gain the most from the state’s new appellations law, under which marijuana growers can claim, protect and market the unique elements of the plant grown in their specific region. marijuana appellations lawyer

Appellations are legally defined and protected geographical indications. Appellations laws are the reason that only sparkling wine that originates from the region of Champagne, France can be legally marketed and sold as “Champagne,” (with a few exceptions for some semi-generic names that were grandfathered in a few years ago).

Back to marijuana marketing: Establishing a strong, consistent reputation for the best quality, potency and flavor profiles will give smaller growers a leg up in the market. This is critical for several reasons, including the fact that a place-based brand (very similar to what we see with producers of wine) could help some above-board growers edge out the black market dealers. A region with a highly-rated brand association could parlay that into a niche tourism market, similar to what we see in Napa Valley (which also relies heavily on appellations to build their credibility and customer loyalty). This could prove especially fruitful if prohibition is lifted at the federal level. 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

Marijuana companies are actively working to update their websites, business practices and internal policies in preparation for new directives under the California Consumer Privacy Act.California cannabis compliance lawyers

As Los Angeles marijuana business attorneys can explain, many cannabis companies don’t even fall under the jurisdiction of the landmark act. Still, they are motivated not only by a desire to prove their desire to be in compliance just like any other company. Plus, it’s something most of their customers want.

Most California marijuana businesses are facing enough legal scrutiny as it is. Although the new law applies only to those corporations that generate at least $25 million a year in revenue and glean data on 50,000 or more households, devices or residents, some believe it’s better to make a good faith effort than to skate on the excuse that they aren’t technically beholden to it. It’s a potential marketing opportunity as well as a way to show regulators they are working to be responsible business partners. Continue reading

The black market bud sales are the bane of legitimate marijuana businesses throughout California. There are billions of dollars to be gleaned in the shadows of licensed, regulated industry. However, it’s getting increasingly expensive to operate on the fringes, and officials say that is precisely the point.marijuana lawyers

Now, a new proposed law targets not just the illicit marijuana operations themselves, but the companies doing business with them. A new bill, if passed, would impose $30,000 in fines for every single offense of aiding and abetting unlawful commercial cannabis activity in California. That would include advertising for these ventures as well as providing leases to them. That would put significant pressure on landlords and advertising companies that try to make a profit off the virulent black market. Penalties would be paid to the state’s general fund.

As our Los Angeles marijuana business attorneys can explain, existing law imposes triple the amount of a state license fee for any individual or entity caught engaging in commercial cannabis business activity that is not licensed. That figure may be adjusted depending on the company’s annual revenue. Continue reading

With 2020 being the third year Californians enjoy the legal use and sale of recreational cannabis, stakeholders expect new laws kicking in, big court cases taking place, and major reforms to criminal justice, all to make this a big year for the cannabis industry.

While 2019 was a challenging year for many cannabis business operators, industry insiders say changes being ushered in bring with them hope, that situations will improve for business owners as the industry presses on.

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Los Angeles marijuana delivery driverCalifornian officials are stepping into an escalating court battle surrounding cannabis home deliveries. The move comes as the state’s counties and cities are at odds with companies delivering cannabis to customers’ homes, within communities that have either banned or restricted marijuana sales.

In early November, Atty. Gen. Xavier Becerra and the Bureau of Cannabis Control (BCC) filed a motion to help bolster a suit brought by Eden Cannabis Co. against Santa Cruz County, which had banned unlicensed marijuana companies from making deliveries within the county. The county’s suit states that the California regulation directly and irreconcilably conflicts with Proposition 64, which “preserves the right of local jurisdictions to regulate commercial cannabis activity at the local level.”

Becerra, meanwhile, told the court the state has acted appropriately in determining where cannabis can be delivered and sold. He went on to argue that banning deliveries from outside companies is ‘inconsistent’ with state regulations that permit deliveries by licensed marijuana companies, anywhere within the state of California. The Santa Cruz court has set a hearing date for Jan. 2 to determine whether the state bureau can intervene in the case.
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When it comes to cannabis conflict between state and federal marijuana laws, college campuses are fast becoming a key battleground. Challenging decades-old drug policies at universities across the country, students (and former students) in states where the drug is legal are taking their schools to court over marijuana-driven discipline. college cannabis lawyer

Our Los Angeles marijuana lawyers can explain that numerous schools have taken action against students for using the drug in violation of campus rules. Representatives for the schools say they have little choice. They risk the loss of invaluable federal dollars if they violate U.S. law, which considers the drug a Schedule I narcotic – something highly dangerous, addictive and with no medicinal value.

This has been a particular problem for those studying certain medical specialties (including nursing) who must submit to random drug testing according to to school policy. Continue reading

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