Articles Tagged with marijuana in California

California was the first state to legalize medical marijuana in 1996 through ballot initiative Proposition 251. Since then, the topic of drug policies in workplaces has been an ongoing debate, with many questions as to whether California marijuana lawyersemployers could (or should) enforce zero-tolerance drug policies against employees with medical cannabis prescriptions.

These debates culminated in the 2008 California Supreme Court decision stating that Proposition 251, known as the Compassionate Use Act of 1996, did not protect employees who have been tested positive for marijuana in their system, even with a prescription. Some legislators have tried to implement protections for employees since then, but for the most part, employers have final say.

But with the tides turning on perception of cannabis use and Proposition 64 going into effect statewide Jan. 1, 2018, making recreational marijuana legal in California, it is time once again for employers to re-evaluate their stances.

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Cannabis businesses have many legal issues with which to contend, from banking to bud-tending. Commercial leases for cannabis businesses raise special concerns for both landlords and tenants.marijuana business

Because of the federal civil asset forfeiture program, which allows the U.S. Justice Department to seize assets of any real property used to manufacture or distribute drugs that are illegal under federal law, the typical boiler plate lease won’t cut it. That’s why in many cases, property leases that involve cannabis businesses use something known as an “escape clause,” for instances when there is federal intervention or enforcement action. This can help protect the property owner, but it’s likely to end – or at least halt – the marijuana business indefinitely, likely costing a great deal of money.

We must now also consider the recently-passed Medicinal and Adult Use Cannabis Regulation Safety Act (MAUCRSA). Structuring the business – and the commercial lease agreement – according to these provisions can help safeguard your financial investment and livelihood.  Continue reading

Farmers in San Diego County have worked the fields in the rural/ residential spans of this region for decades – sometimes for generations. They grow tomatoes, avocados and lettuce. They want to continue to farm. But as The San Diego Union Tribune notes, they are looking to expand their yield. field

Specifically, they want to start growing marijuana and hemp. They already have the land. They have the skill. They have most of the tools. They argue the best people to grow and cultivate legal marijuana are the people whose families have been farming the region for the better part of the last century.

Unfortunately, their hopes are counter to what the county’s Board of Supervisors may have in mind. The county is looking to possibly outlaw local marijuana cultivation, or else leave it solely up to licensed medical marijuana dispensaries. Both of these approaches cut independent farmers out of this equation entirely. Continue reading