marijuana attorney

January 8, 2019

Cannabis Companies’ Success in Combating RICO Lawsuits

As marijuana legalization continues throughout North America, there is still significant public and private interest resistance to its proliferation. One of the legal ground on which these cases have been tested throughout the country is a federal law known as the Racketeer Influenced and Corrupt Organizations Act of 1970, also known as RICO. As our Los Angeles marijuana defense lawyers can explain, this was a law intended to battle organized crime and the mafia. However, it’s been used in several recent federal cases to intervene with legal marijuana businesses and users – one of the most recent in Petaluma, California, marking what is believed to be the first time this legal argument has been used against marijuana businesses in the state. marijuana RICO attorney

But in that case, as in many of the cannabis company RICO civil lawsuits pursued nationally, a federal judge has ruled against the plaintiffs.

According to The Argus Courier, a U.S. District Judge held that neighbors of a cannabis company and its lead grower can’t be sued under RICO anti-corruption laws because nuisances related to noise and bad smells don’t cause the same kind of tangible financial losses intended to be addressed under RICO. Continue reading

September 27, 2018

Cannabis Lawyer: Marijuana Favored Over Booze by Youth Market

By Cannabis Law Group

The favored recreational indulgence appears to be shifting – from alcohol to marijuana. This is noteworthy because the shift is likely ultimately to be the nail in the coffin for federal marijuana prohibition. The fervent support of the younger generation for the plant – in addition to a growing number of baby boomers relying on its medicinal properties – could mean that day will happen sooner than later. cannabis lawyer

As our marijuana lawyers in Los Angeles see it, cannabis prohibition is a pit from which the federal government will need to dig itself out.

Now, a new survey released from The Tylt (the largest and fastest-growing social polling and opinion platform among the youngest adult cohort), indicates it is likely to be increasingly difficult to hold off on the move for too much longer. Specifically, roughly 85 percent back legalized marijuana, and no longer buy into the lie that total prohibition is necessary to keep America’s youth safe. Most said the “War on Drugs” is a failed one and the “War Against Weed” is one that needs a complete overhaul. Continue reading

September 25, 2018

Marijuana Business Breakup Heads to Court

By Cannabis Law Group

As the marijuana industry becomes more mainstream, our L.A. cannabis business lawyers are seeing many of these companies facing down similar legal challenges as other traditional companies. These include employment lawsuits, business partnership disputes, injury and premises liability litigation and more. However, many of these cases are even more complicated by the fact that the industry is so highly regulated at the state and local level, and of course the fact that their primary product is technically illegal under the federal Controlled Substances Act. business attorneys

Recently in Oregon, a marijuana business owner filed a lawsuit to ask his nephew and former business partner to halt harassment after the business relationship went downhill in the wake of major crop losses. According to Oregon Live, he is seeking $700,000 in damages. In a separate lawsuit filed by attorneys for the marijuana business itself, plaintiff alleges the nephew and one-time co-owner, of defamation and trademark infringement. The company alleges defendant’s inability to produce a marketable flower with any degree of consistency cost the company several million dollars, and is seeking $2.6 million in compensation.

Plaintiff alleges that the flowers grown under defendant partner’s care were total losses in terms of a shelf-worthy flower, and that this was the result of breach of contract on his part. The company owns and operates a production facility on more than 80 acres in Central Oregon, as well as a retail store in a downtown area. The company seeks to grow with retail locations in three other cities, including Portland, where it has applied for a license. Continue reading

November 2, 2017

Issues with Medical Marijuana Clinical Studies

By Cannabis Law Group

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 lawyer One 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

October 25, 2017

Higher Learning: University Offers Marijuana Degree

By Cannabis Law Group

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

October 12, 2017

L.A. Marijuana Dispensary Recognized by Cannabis-Shy County

By Cannabis Law Group

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

September 17, 2017

California: No Marijuana Delivery With Drones

By Cannabis Law Group

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

September 2, 2017

California Leaders Discuss Bank Specifically to Serve Marijuana Industry

By Cannabis Law Group

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.

April 25, 2017

Congress Weighs Easing U.S. Marijuana Restrictions

By Cannabis Law Group

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

April 20, 2017

420 Roots – How it Became a Marijuana Holiday

By Cannabis Law Group

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