Articles Tagged with marijuana attorney

There has been a growing acceptance of medical marijuana use across the nation, and it has reached the point where at-least 29 states and other federal jurisdictions have legalized medical marijuana.  Some states have legalized marijuana for recreational use as well including California. In some states, the legalization of medical marijuana came from the state legislature, and in other states, it was done through direct voter initiatives and propositions put on the ballot. This can be done by getting enough signatures from voters, and the initiate will be placed up for a vote at the next election.

marijuana business lawyerOne of the major issues is that marijuana is still listed as a Schedule One Controlled Substance on the U.S. Controlled Substances Act of 1970 (USCSA).  A Schedule One controlled substance, under federal drug laws, is one that has a high potential for abuse, is dangerous to users and the general public, and there are no accepted medical uses.  This was done for political reasons and while there is no sense in saying that marijuana is more dangerous or potentially addictive than Oxycontin, congress has been unwilling to remove or reschedule marijuana, and it is unclear whether that will happen in the near or even distant future. Continue reading

A university in Michigan is breaking new ground on higher education by offering an advanced degree in marijuana. marijuana attorney

The program at Northern Michigan University in Marquette involves medical plant chemistry, and it started just this semester. About a dozen students are enrolled in the class, which combines horticulture, botany, biology, chemistry, finance and marketing. The program is unique in that, while other schools do offer classes on marijuana law and marijuana policy, none other offers this kind of comprehensive coursework. First off, it’s not a single class but a full, four-year degree. Secondly, it addresses both the science and business aspect of marijuana cultivation and sales. Graduates will be uniquely situated to open their own marijuana business.

Although there are some joking about the ease of such a program, those who are enrolled in or teaching it say it’s not simple at all. The coursework is complex and varied.  Continue reading

Although Proposition 64 opens the doors for for recreational marijuana businesses in California, it still allows the county’s 88 cities to regulate these businesses however they see fit. While the City of Los Angeles has indicated it intends to license these shops next year (the state will begin issuing licenses Jan. 1, 2018), the Los Angeles County government has been notoriously averse to marijuana dispensaries.marijuana attorney

But now, a marijuana collective has been formally recognized by the county. 99 High Tide Collective in Malibu obtained a business license through the L.A. County government, despite the county’s 2011 ban on marijuana businesses. That ban had been extended as of June, while the L.A. County Board of Supervisors weighs a clear system of rules for cultivators, producers and retailers of recreational marijuana.

Although the business is located in Malibu, the city contracts with the county to process its business licenses. Malibu has just two dispensaries, this being one of them. Still, county leaders are clear to point out: This is not actually a county license. It is a city license handled by contract through the county. At this juncture, the county still isn’t approving or authorizing any marijuana businesses.  Continue reading

Internet distribution sites like Amazon are on the verge of delivering products – including food and beer – via drone. However, marijuana isn’t soon to be on the short list, at least not in California. The California Bureau of Cannabis Control recently issued updated regulation banning drone delivery of marijuana. marijuana delivery

With state voter approval of legalized marijuana, state regulators are in the process of adopting a host of new rules and distribution in advance of a January 1st deadline for the state to start issuing marijuana retail licenses.

Simply from a new business perspective, the distribution of marijuana is an untapped market. There is an anticipated economic boom that is going to impact everything from security to banking to computer software to real estate to agriculture. Part of the industry is going to involve delivery, in some capacity.  Retailers are going to be seeking out inventive, convenient ways to deliver the product.  Continue reading

Recreational sales of marijuana in California will be legal by next year, yet most financial institutions refuse to allow marijuana companies to open up business accounts. Entrepreneurs remain uncertain of how to manage a legitimate business when they’ve got mountains of cash to manage. They are asking the state and/ or municipalities to get involved. Specifically: Start a public bank that would cater specifically to cannabis companies. marijuana business attorney

Some leaders and candidates are beginning to warm to the idea, which would involve a government-owned institution with the authority to take deposits, issue loans and be on board to work with business that derive profit from marijuana – even though it’s a Schedule I narcotic.

California Lt. Gov. Gavin Newsome, who is also vying for the governorship, has publicly backed the foundation of a government bank and held discussions with leading marijuana industry insiders. Recently, the L.A. City Council President called for an analysis into a city-owned bank that would be able to serve marijuana businesses.

Those in favor of legalizing marijuana – or at least in protecting the state-level freedoms they have now – are fearing federal sanctions from an unfriendly new administration.congress

Even though politicians on both sides of the aisle favor both medical marijuana access and even recreational marijuana, there is concern that the new U.S. Attorney General Jeff Sessions will crack down on businesses and individuals abiding state-level marijuana laws. There are currently 28 states that have legalized the drug for medical use, and eight, including California, that allow it to be used for recreation.

For this reason, three new bills have been introduced that protect the rights of pot growers, distributors and users. In addition, advocates are coming out in full force to encourage lawmakers to support pro-marijuana measures.  Continue reading

Most people know that 420 holds special meaning among stoners. What few seem to know, however, is just how April 20th became so revered among the reefer-loving throngs. smoke

Different strands of the story have cropped up in recent years. Some will tell you it’s tea time in Holland. Others think it has something to do with the number of active chemicals in the drug. Others cite a tune by Bob Dylan. Maybe it’s the California criminal code to punish marijuana possession? (It’s not.) Some think it’s totally arbitrary.

According to CNN, the most credible theory begins with a secret code among a group of high school friends at San Rafael High School in Marin County, California. They called themselves, “the Waldos.” Almost every school day at 4:20 p.m., they would meet up and smoke out.  Continue reading

State lawmakers in Colorado are pressing forward with a proposal that would limit marijuana cultivation on residential properties, capping the maximum number of plants at 12. marijuana

House committee members approved the measure 11-2 recently. If passed, this measure would reverse the country’s most generous allowance on in-home cannabis cultivation.

As it stands currently, Colorado’s recreational marijuana law allows medical marijuana patients to grow a maximum of 99 plants – way in excess of what other states allow. State law also gives a green light for recreational marijuana users to combine their six allotted marijuana plants into large co-ops. The result, lawmakers say, is that there are huge greenhouses where marijuana is grown, but neither tracked nor taxed.  Continue reading

Recreational marijuana seemed like an all-but-certain prospect just a few months ago. Certainly in California, the results of the November election helped to solidify the where its future would lie in The Golden State. But that same day came the unexpected election of Donald J. Trump, which in turn has meant uncertainty for the future of legal marijuana.questionmark

We do know the American public overwhelmingly supports legalizing recreational marijuana, and many lawmakers are eyeing it as a way to rake in millions of dollars in taxes that can be used for the greater good. As of today, we have a total of eight states – including California – that have legalized cannabis for recreational use. There was hope when Trump took office that, at the very least, Obama’s “hands-off” policy would continue, given Trump’s stated support for state’s rights. But then, he appointed Sen. Jeff Sessions (R-Ala.) to the post of U.S. Attorney General. Sessions has long been a vocal critic of recreational marijuana. On top of that, some in the Trump administration have warned that legal recreational marijuana could be the target of federal enforcement action, as the drug still remains outlawed under federal statutes.

All of this has left us with a great deal of uncertainty moving forward. It’s really not clear to marijuana businesses or even our marijuana lawyers what move the federal government and legislators may take next. While Republicans tend to be less favorable toward recreational marijuana on the whole, the issue is not split solely down party lines and a lot of Republicans support it.  Continue reading

There is a worldwide trend toward liberalization and increasing consumption of marijuana. One of the only real harmful side effects of the drug (not withstanding use by motorists) is the potential for transient symptoms of psychosis, particularly among novice users. crazy run

You may recall the 2015 “American Sniper” trial wherein prosecutors successfully countered a claim by the defendant who fatally shot the sniper and then alleged he suffered from schizophrenia. Prosecutors opined he was simply high. Also in 2015, there was the case of a 49-year-old Denver man accused of killing his wife after eating marijuana-infused candy he had just purchased legally at a marijuana dispensary. Defense attorneys have argued defendant was so high, he did not intend to kill his wife. Then there was a death of a college student who jumped to his death after reportedly eating a potent marijuana cookie.

In each case, questions have arisen regarding the potency of these drugs. In the wake of this, researchers with King College’s London’s Institute of Psychiatry, Psychology and Neuroscience are urging regulators to fund scientific studies that will more accurately show how we can make marijuana safer. Continue reading