marijuana legalization attorneys

February 22, 2018

Recreational Marijuana Gets Sanctuary in Berkeley

While excitement over marijuana legalization continues to rise at the state level, the incoming clouds of the federal government continue to threaten to rain on the parade. And while some hope to just wait out the storm, others are taking the matter into their own hands.

Berkeley City Council is putting its city and citizens first by becoming a sanctuary city for adult-use marijuana, according to CNN. The council passed a resolution recently that would prevent local agencies from using city funds to enforce federal marijuana laws. That means if federal agents try to come down on anyone in the city, they can do so within the boundaries of their own authority, but not with the assistance of the city or its employees. No financial assistance. No help from employees. No access to information.

The city is taking it a step further as well by actively fight against any steps by Drug Enforcement Administration to close down recreational marijuana businesses in the city.

January 15, 2018

Despite Statewide Marijuana Legalization, Californians Must Follow Local Laws

By Cannabis Law Group

With the state of California transitioning to legal recreational cannabis, it is a very exciting time for marijuana restrained-1188171-639x480-300x225 business entrepreneurs.

Many in California have been in the marijuana industry for years on the medical side of things. California was the first state to legalize medical marijuana with the Compassionate Use Act of 1996, also known as Proposition 215.

Still, with the passing of Proposition 64, allowing adult use of recreational marijuana Jan. 1, and its steady rollout in areas of California, many new businesses have been eager to join the marketplace. Sometimes too eager. Continue reading

January 13, 2018

Border Patrol Won’t Recognize Marijuana Legalization

By Cannabis Law Group

While many residents of California have been celebrating recreational marijuana legalization after the Adult Use of Marijuana Act went into effect Jan. 1, 2018, some might be caught off guard if they are stopped even with a small amount of cannabis at Border Patrol checkpoints in the state.

Representatives from the Border Patrol recently told the Associated Press that nothing has changed as far as their job is concerned. They intend to continue to uphold federal law at the eight California checkpoint locations, just as they have since medical marijuana was legalized in the state. The federal Controlled Substances Act, 21 U.S.C. Section 812 still classifies marijuana as a Schedule I narcotic, on par with heroin.

Many states have fought this classification, citing the health benefits the drug provides and the fact that marijuana is not lethal. This has led to a wave of medical and recreational legalization in many states, but U.S. Attorney General Jeff Sessions has been very vocal about his opposition to those efforts.

March 9, 2017

Court Sides With Student Marijuana Legalization Advocates Over University

By Cannabis Law Group

University students in Iowa recently prevailed in a federal free speech lawsuit that affirms students’ rights, no matter what their political persuasion. The U.S. Court of Appeals for the Eighth Circuit ruled that two school administrators employed by Iowa State University violated the rights of two students who served as top administrators of the school’s local chapter of NORML (National Organization for the Reform of Marijuana Laws).

The two students had plans in the works to print off a series of t-shirts that showed a marijuana leaf alongside the school’s mascot. School officials claimed that the production of such material would be a violation of the university’s trademark policy.

Students sued the school in federal court, arguing that the policy on the mascot trademark was a violation of students’ free speech rights. Last year, the judge issued a ruling agreeing with the students and prohibiting the school from stopping the students from making the shirts. The judge ruled that the school’s rejection of the t-shirts with NORML’s designs were discrimination because the decision was based on the fact that administrators disagreed with the students’ political point-of-view. Continue reading