Articles Tagged with Orange County marijuana lawyer

When California voters approved legalized marijuana for recreational purposes, one of the most important impacts of that was the fact that criminal prosecutions for many cannabis crimes would no longer be an issue. But that didn’t necessarily help the hundreds of thousands with the stain of a criminal offense on their record. Orange County marijuana lawyers understand Assembly Bill 1793 should help address this. However, the impact won’t necessarily be immediate, and those with criminal records due to marijuana may still want to seek the advice of attorney for purposes of expediency and fairness.Orange County marijuana lawyer

Approved by the majority in the California legislature and the governor on Sept. 30, the law (which creates creates Section 11361.9 to the California Health and Safety Code) is in direct response to the Control, Regulate and Tax Adult Use of Marijuana Act, and requires the Department of Justice by July 2019 to review state records and identify those prior convictions that may possibly be eligible for recall, dismissal of sentence, dismissal, sealing or redesignation under the new law. The state Justice Department will then be required to notify prosecutors of all cases in their jurisdiction that meet this requirement. Then prosecutors must, by July 2020, review all those cases to ascertain whether they wish to challenge the DOJ’s recommendation. If there is no challenge, the bill requires the department to modify the criminal history information in its database in accordance with the bill within 30 days (by July 31, 2020), and to update the post on its website. The state will be required to reimburse local agencies and school districts for whatever costs are incurred by the state as a result of putting this law into effect.

The state will prioritize cases of those individuals currently serving a sentence or who proactively petition for recall or dismissal of sentence, dismissal and sealing or redesignation (emphasis added). That means that if you take matters into your own hands to ask the state to make your case a priority – and complete the process sooner – you may well have your record cleared before the July 2020 deadline. That could be major for many people with existing criminal records, who may be prevented from important educational, career and housing opportunities, as well as those who may be in the midst of a child custody dispute during which a drug conviction could adversely impact the outcome. Continue reading

Since marijuana became lawful in California for medicinal purposes, small-scale possession has been largely decriminalized in most local communities. This is especially true now that marijuana has legalized recreational use of the drug as of this year with Prop. 64. However, cannabis possession remains unlawful as far as federal law is concerned and California’s new law doesn’t legalize every cannabis crime. As Orange County marijuana criminal defense attorneys know, reported arrests are still falling fast. The Orange County Register indicated that from 2016 to 2017, those in California facing jail or prison, serious fines and permanent criminal records dropped by nearly 8,000, according to information from the California Attorney General’s Office. However, a recent report printed by the Philadelphia Inquirer (republished by PoliceOne.com), marijuana arrests may be inflated in Federal Bureau of Investigation statistics. Orange County marijuana criminal defense attorneys

Let’s note firstly that Pennsylvania legalized medicinal marijuana in April 2016, and the drug is only available for those suffering from certain medical conditions. Unlike California, and numerous other states, it is not available for recreational sale, possession or use. Even with medicinal use being legal, the Philadelphia area has reported that marijuana arrests in the area have markedly increased in recent years. And yet, the spike being reported by the FBI’s Uniform Crime Reporting (UCR) program. The analysis reveals marijuana arrests as reflected in federal data may be inflated by as much as 70 percent.

Why the disparity? As our Orange County marijuana criminal defense attorneys understand it, it’s a result of local police agencies reporting every single situation in which people are caught with pot in – even if they aren’t ultimately arrested for that offense. Continue reading

In late June, the Food & Drug Administration for the first time approved a cannabis-derived drug, and it could marijuana lawchange the landscape of marijuana in the United States, possibly within the next month. Epidiolex contains an active ingredient of CBD found in marijuana, and was approved to treat severe forms of epilepsy in children. 

According to a report from The Philadelphia Inquirer, the CEO of the company responsible for Epidiolex said before the drug can be prescribed, it must be reclassified to be lower than it’s current Schedule I status, Controlled Substances Act, 21 U.S.C. Section 812. He said he expects this to happen within 90 days of the FDA approval. This means marijuana could very well be reclassified by late September. It doesn’t mean that there will be a total free-for-all on cannabis use, but a lower scheduling will mean that the federal government will finally acknowledge the plant has medicinal benefits, and medical marijuana programs across the country can be released from the grips of the federal ban. 

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Despite the passage of Proposition 64 that made recreational marijuana legal in California, there are still many residents of this state who do not have easy access to cannabis. State Sen. Ricardo Lara hopes to change that with Senate Bill 1302, which would give licensed cannabis businesses permission to deliver anywhere in the state.marijuana lawyer

While legalized possession and use of recreational marijuana throughout the state, it left a great deal of power to the local governments to dictate regulations and sales. As our marijuana business attorneys can explain, this meant even though citizens were allowed to carry and use cannabis, cities and counties had the right to ban various aspects of commercial cannabis activity, including sales.

While 57 percent of voters approved Prop. 64, local laws have made it so 75 percent of consumers cannot easily access marijuana, according to an article from SFGate. While it is important for local governments to maintain control over their jurisdictions, this disparity does not reflect the will of the people. A vast majority of Californians understand the benefits of cannabis. Many have seen its positive effects through medical use, which has been legal in California since 1996 through the Compassionate Use Act. Others have come to learn that it can be an alternative to alcohol in social situations, without many of the long-term health effects of drinking, particularly when it is consumed in ways other than smoking, such as edibles and vaping. This positive perception of the drug has led to big advancements in legislation. However some of the stigma of the past still lingers, causing local leaders to overly restrict out of fear and misunderstanding. Continue reading

In 2013, Deputy Attorney General James Cole issued what was known as The Cole Memo, a directive during the Obama administration that toldmarijuana business lawyers federal officials to back off of prosecuting those selling, distributing, growing, or using marijuana, so long as the offenders were following state laws. The memo was issued to reconcile the federal Controlled Substances Act, 21 U.S.C. Section 812, which classifies marijuana as a Schedule I narcotic, with the wave of state laws that allow cannabis sales and use, either medically or recreationally. The move gave hope to the growing number of Americans in favor of full cannabis legalization nationwide.

However, the U.S. recently took a big step backward when current Attorney General Jeff Sessions rescinded the directive, re-opening the door for federal prosecutors to allocate resources at their discretion for cracking down on marijuana operations.

Leaders in states that have legalized marijuana have no intention of going down without a fight, though. With many more making moves to legalize cannabis in state legislatures or on ballots this year, they might have even more allies by their side. Continue reading

A U.S. Senate panel with considerable power in the federal government is pressing federal agencies to wade into the marijuana industries in ways that some might find surprising. Specifically, there is a request that federal safety testing be conducted on products made by marijuana dispensaries in states where the drug has been legalized. Such standardized marijuana testing could help customers have confidence that their products are safe. marijuana research attorney

Lack of information on the purity and potency of marijuana products distributed to U.S. consumers is of major concern, according to the U.S. Senate Appropriations Committee. That’s why its members are asking that federal agencies work together to develop a standard, national testing program for Schedule I products made from marijuana.

The appropriations committee’s recent report instructed qualified scientists at the National Institute on Drug Abuse as well as those working with the U.S. Drug Enforcement Administration to start work on samples of marijuana in order to give the federal government better data that could be used to provide better policy solutions to help protect consumers.  Continue reading

Black market sales of marijuana thrived under a system that totally outlawed the drug. For decades, illicit sales lined the pockets of violent drug cartels and gangs. Legalizing marijuana, as California did with Prop. 64, would effectively quash this problem, or so it was believed. After all, when marijuana is sold in highly-regulated stores, it gives the government more control, it gives taxpayers a cut and it provides safe access for patients and users. However, recent analysis shows black market sales may not be completely eliminated. marijuana license

The San Francisco Chronicle looked at this issue in weighing the makeup of the black market.

First, there is the fact the California grows more marijuana than is consumed by residents. Prop. 64 did nothing to effect the laws in other states, but interstate borders aren’t always policed to the point every person crossing from one state to the next with marijuana would be caught. Secondly, the law did not give a rubber stamp to all growers or sellers of marijuana. Sellers have to be licensed by a state agency, and they must comply with a long series of rules that detail everything from plant testing to packaging labels to tracking.  Continue reading

Even before California legalized the cultivation and sale of marijuana for recreational users, this state was already one of the country’s biggest producers of the drug in the country. Recently, The Orange County Register delved into just how big of a producer – and the results are somewhat astonishing, even to those of us familiar with the industry. field

California is known around the world to have some of the best soil for farming all types of agriculture. We grow some of the greatest grapes, winter vegetables, garlic, olives and almonds. But the biggest item produced? Cannabis.

The Register reports that not only is marijuana the most valuable crop in the nation’s No. 1 agricultural producer state, but we grow so much of it here that it blows the other goods out of the water. Reporters looked at figures from the California Department of Food and Agriculture for crops and production estimates. What they found was that estimated marijuana crop production was more than the other five leading agricultural commodities – combined.  Continue reading

New research from the University of Michigan reveals that high school and college students are far less likely to consume illegal drugs than their parents. In fact, students’ use of prescription opioids (obtained both legally and illegally) is far less than their parents’ generation. However, there is one area where youth drug use surpasses that of the baby boom generation: Marijuana. collegestudent

The Michigan study is an ongoing, four-decades-long research on the use of tobacco, alcohol and drugs. In this most recent analysis of the data, we find that those who are in the 40s and 50s used drugs in their youth far more frequently than the teens and 20-somethings of today. Excluding marijuana, more than 7 in 10 individuals who are in their 50s used illicit drugs at some point in their lives. When you include marijuana, that figure spikes to 85 percent – the vast majority.

When this cohort was in college, approximately half were actively using illegal drugs. Today, about 40 percent of adults who are of college age are using illegal drugs. Continue reading

In some ways, the marijuana industry is inherently political. It’s very existence is owed in large part to the dedication and drive of avid activists who fought in the face of hard-line opposition. obamapins

But for a long time, the industry didn’t weigh in much on individual candidates because frankly, no one was seeking their support. It was seen as risky and potentially political suicide.

Today, attitudes have shifted. The majority of Californians – and now even Americans – support safe access to medical marijuana. Most people are even beginning to warm to the idea of recreational marijuana, an issue slated to be before voters once again this November. With all that, the industry has grown – as has its voice and political clout.

Recently, the Orange County Register reported California Rep. Loretta Sanchez, vying for the seat of outgoing U.S. Sen. Barbara Boxer, was proud to receive a “glowing endorsement” from the legal marijuana industry. Continue reading