The primary impact of all this, aside from additional expenses that nearly crippled some laboratories and retailers, was:

• Extended wait time for cannabis testing results;
• An increase in product testing failures (as facilities adjusted to the new expectations);
• Industry insiders calling for state regulators to extend permits to more testing lab facilities.

There are still testing backlogs in some regions, but for the most part, executives at local labs report their businesses have become largely stabilized, product failures have been reduced, both testing results and wait times have been easier to predict and the labs that are currently licensed should be enough to manage the testing workload throughout the state (depending on how much growth the industry sees in the coming years).

As of right now, there are 27 state-licensed marijuana testing labs in California, according to the state Bureau of Cannabis Control. Meanwhile, nearly 70 lab licenses have been either revoked, surrendered canceled or expired.

That doesn’t mean these facilities are no longer facing any impediments to success.

Issues Still Facing California Cannabis Testing Facilities

One of the biggest issues is stagnated growth that plagues the rest of the cannabis industry. Most supporters of legal marijuana had expected market growth to be ahead of where it is now. Instead, it’s been stymied in large part by costly taxation and state standard requirements, as well as the fierce competition from the unregulated black market.

Some lab operators describe reaching a growth plateau, no longer falling but not progressing much either.

Marijuana Business Daily reported, based on interviews with cannabis testing lab executives throughout the country, that no facility is at 100 percent full capacity, so it’s unlikely will be seeing many more of them anytime soon – at least not until the legal marijuana market reaches its maximum potential.

Taking meaningful action to address black market sales is going to be a big part of it – especially because it’s been the cause of a fair number of cash-strapped cannabis growers and retailers skipping out on their bills to laboratories, or at least paying for some of the work on credit.

Other times, lab CEOs say cannabis producers are submitting very small samples for testing – to cut down the cost of testing larger batches – but then presenting to customers and regulators that their entire batch has been sufficiently tested according to state standards. Labs say there have been costs involved in chasing down those companies because such actions can damage their brand loyalty and potentially cause them legal headaches. Some have had to send multiple cease-and-desist letters against cannabis producers for this reason.

The Future of State Cannabis Testing Facilities

Although growth of and within these testing labs has been stunted, there is still the possibility of future growth as the legal market expands.

So at this point, likely in the short term is that we’ll start hearing word of labs merging.

Los Angeles marijuana testing lawyers can assist corporations in navigating the complexities of a corporate merger, which may have additional challenges owing to the nature of the industry.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, ancillary companies, patients, doctors and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Downturn in California lab-tested marijuana batches adds to confusion over state’s supply chain, July 10, 2019, Marijuana Business Daily

of the trailblazing marijuana business owners in the state isn’t even necessarily enough. Just ask the woman who opened Ventura County’s first legal medical marijuana dispensary. She has spent the last year and a half facing down charges for perjury, possessing and transporting marijuana, and maintaining a place to sell the drug. These charges, however, were recently dropped, freeing her to focus on her business at last.

The woman is also president of a collective in Ojai, Calif. The property of the collective and her own home in Ventura were raided in November 2016, just before Proposition 64 passed on the ballot. She lost many personal possessions in addition to property of the collective. At the time, the collective was operating under the guidelines of Compassionate Use Act of 1996, which regulated use and sales of medical marijuana in the state, but investigators said she was in violation of those rules, according to a Ventura County Star article.As our Los Angeles marijuana criminal defense attorneys can explain, collectives are allowed to grow limited amounts of marijuana and share among members of the group, including deliveries to those members. They could not share outside the group, and they should only charge as much as necessary to cover the costs of growing marijuana, but not enough to turn a profit. Any suspicion of violating these rules could draw the attention of officials, as in the case at hand. The collective president said she aimed for compliance at all times and alleged she made every effort to work with county and city officials. She even alleged she met with one official just a couple months before the raid, who responded to her questions by brushing off her concerns until November, pointing to the Prop 64 vote and the ways it could change how matters are handled. This made it more surprising for her when she was raided before the vote.

Charges were dropped, however, because prosecutors could not prove their case beyond reasonable doubt. She never let the case drag her down too much. About a year after the raid, while still waiting for her fate, was when she opened the first medical cannabis dispensary in the county.

No doubt this business owner is relieved to be moving on with her life. But situations like this are where the guidance of skilled marijuana attorneys can really make all the difference. Our law firm offers consultations for medical marijuana collectives, offering advice on how to become established in a way that remains in compliance with state and local laws. Instead of trying to interpret the law on your own, our experienced team will explain all the laws that apply to your current situation and location. There is no need to attempt to understand the motives of local officials who might not have your best interest at heart. Instead, rely on a tested legal team to set your course for success. Remember, though, if things do go south, our criminal defense lawyers will be there to protect your rights and build the best case possible.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients, defendants, workers and those facing criminal marijuana charges. Call us at 949-375-4734.

Additional Resources:

420 Warrior Of The Month: Chelsea Sutula, May 30, 2018, By Teddy Edwards, 420 Magazine

More Blog Entries:

California Authorities Caught on Hidden Camera During Cannabis Collective Raid, June 30, 2015, Cannabis Law Group

One of the reasons they argue it is dangerous is because it has been labeled a so-called gateway drug. The many times disproven theory is that if someone uses marijuana, even though many do not see it as harmful, that a person is far more likely to try “harder” drugs such as cocaine and heroin. In other words, marijuana is a gateway to the dangers of all sorts of illicit drug use. If we take this argument another step, some with claim these marijuana users are not only addicted to marijuana at this point, and have moved no to cocaine and heroin, but they are also engaging in all sorts of street crime to fund their pricey habit.

As our Los Angeles medical marijuana attorneys can explain, though this theory sounds laughable to many, it is the basis for much of the opposition to the legalization of medical marijuana and the recreational use of marijuana. In addition to the gateway theory, many also argue that marijuana itself has all kinds of negative health consequences. Even though there is hardly any evidence to support any of these claims, they will sight to the fact that not many studies have been done, and they intend on keeping it that way. According to a recent news article from NPR, there has been links alleged between marijuana and a very rare vomiting illness. One patient interviewed as part of this article, said she had been using marijuana for nearly 20 years as it is the only thing that can effectively treat her anxiety and depression. However, while it does work for that purpose, she began to experience serious stomach discomfort that caused her to be extremely nauseous as well as wretch and vomit frequently. She even lost her job because they believed her to be an alcoholic when that was not the case. The only thing would help when of these episodes would come on was going into a hot shower and staying there for as many as four hours.

She went to the hospital many times and doctors could not find anything that was causing this illness. They ultimately determined that she suffered from a newly theorized medical condition that can cause vomiting after years of marijuana use in a very small portion of the population who use marijuana frequently. This patient has been trying to stop smoking marijuana but has discovered difficulty with increasing symptoms associated with her anxiety and depression.

Whether this condition is ever fully accepted by the medical community, it will surely be used as a weapon by those who oppose the legal use of marijuana. However, it should be noted that if a medicine was outlawed because there were side effects that could affect a very small percentage of users, there would be no drugs on the market. We have all seen commercials where someone in a soothing voice tells us about all of the horrible sounding side effects sometimes including death.

The Los Angeles Cannabis Law Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Rare And Mysterious Vomiting Illness Linked To Heavy Marijuana Use, November 30, 2017, By Pauline Bartolone, NPR

More Blog Entries:

Marijuana Industry Revives a Solar Ghost Town, September 13, 2017, by Cannabis Law Group

According to a recent news article from the Cannabist, a company that runs a major online crowdsource, has just pulled the plug on a campaign hosted on their platform to raise money for the farmers who lost a great deal to the massive wildfires in Northern California. There were already many donations on the site that totaled over $13,000 before the campaign was terminated.This campaign was organized by the California Growers Association, and it was done to help those hard working farmers and their families who lost everything. While these medical marijuana farmers were not the only farmers who lost their entire crop for the year, if they had been growing grapes, they would have been protected by a commercial or agricultural insurance policy, and other than the deductible, they would have gotten compensated for much of their respective losses. However, as discussed above, federal regulations prohibit insurance companies from writing policies to cover those in the medical marijuana business.

The company said that the growers association had violated the terms of their service agreement and that was why the site was being shut down at this time. PayPal and WePay, which handled the payment on the crowdfunding site also said they cannot allow their services to be used as the money comes from a criminal enterprise according to federal law.

As our Los Angeles medical cannabis industry lawyers can explain, these companies that shut down this campaign, or refuse to write insurance policies, or banks that will not let those in the cannabis industry maintain deposit accounts, are for the most part, doing some out of a fear of action and enforcement by the federal government. While some CEOs may be acting out of a belief that marijuana should not be legalized, most are happy to make money off the industry if they are allowed to do so, as they are in the interest of making money and showing increased quarterly grown to their shareholders.

The other part of the problem is that many businesses are not sure as to the current state of the law, and are in fear of having assets frozen and possibly even being prosecuted for one or more criminal offenses. The reality is that some of these fears are justified so the best thing anyone who is in the Los Angeles medical marijuana industry, or who desires to get into the recreational marijuana industry can do is to speak with an experienced marijuana industry lawyer as soon as possible. Your attorney can tell you the current state of the laws, and make recommendations based upon how things are moving in the near future. This is not to say that everything you wish to do with your business will be possible, but things may not be as bleak as they seem at first.

The Los Angeles Cannabis Law Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Crowdfunding site shuts down campaign for California cannabis farm fire victims, October 18, 2017, By Brooke Edward Staggs, The Cananbist

More Blog Entries:

New Bill: Police Must Return Seized Marijuana or Pay Compensation, May 15, 2014, by Cannabis Law Group

The Craft Strategy

The overhaul of the cannabis industry in California is an expensive proposition, and many owners of smaller cannabis businesses simply do not have the resources to adapt their business model to new regulations. They are addressing this problem in many different ways. Some small farm owners are banding together to form marijuana co-ops, which will help all participants adapt to the changing industry. Others are borrowing the business model of the craft wine industry: by focusing on a specialized product which commands a premium in the marketplace, their profit margins increase dramatically.

Leafly reports on the case study of one Sonoma County grower who has eschewed the mass market strategy with great success. Sam Edwards grows loose, airy buds that have little value on the flower market, but are “absolutely great for extracts”. Indeed, his vape cartridges command a premium of nearly double the price of other cartridges. Edwards himself worked in the wine industry, and it was there that he learned this business strategy. By developing a high-end specialty product with local character, niche wineries were able to compete with large, mass-production wine companies. Edwards does the same to compete with mass market cannabis growers.

Entrepreneurs from both the wine and cannabis industries also recognize the potential of combining these specialty products. National Public Radio interviewed one winery owner, Tom Rodrigues, whose customers frequently ask him about cannabis. Such business owners recognize the potential of combining the two products. NPR also reported on a highly-curated craft meal put on by Sam Edwards. Edwards offered wine and marijuana selections, along with farm-to-table food pairings that had been carefully selected for both delicacies.

Hesitation from the Craft Wine Industry Of course, not everyone is eager to combine craft wine with craft cannabis. Tom Rodrigues, while recognizing his customers’ needs, also found the regulatory obstacles to be insurmountable. Because alcohol and cannabis cannot be sold at the same location, the wine tasting room would have to be removed from the farmland on which he grows both grapes for commercial winemaking and marijuana for personal use.

Other winemakers and Sonoma County residents have different concerns. The smell of marijuana, the security of cannabis farms, and impaired driving are all problems which will affect the area if cannabis makes a widespread takeover of Sonoma County.

In spite of the challenges, both wine producers and cannabis businesses can benefit from the symbiotic potential of craft business integration. Preparing for this integration now can allow craft cultivators to access lucrative business opportunities when licenses are issue in January 2018. Consulting with an experienced marijuana attorney can help you navigate the challenges.

The Los Angeles Cannabis Law Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Pairing Wine and Weed: Is it a California Dream or Nightmare?, July 10, 2017 by John Burnett, National Public Radio

More Blog Entries:

California Vineyards Entering Marijuana Business, June 4, 2017 by Cannabis Law Group

When Proposition 64 was drafted, it was done in such a way that would appease many of the opponents of legal use of recreational marijuana for adults. This is because while it was not as liberal as they would prefer, if was to pass, there would have to be some major concessions, so that is what happened. While the law did get passed at the ballot and will go into effect on January 1, 2018, there are still some issues that may cause hardship to those who wish to smoke marijuana in their homes.As our Los Angeles medical marijuana attorneys can explain, Proposition 64 clearly states that owners may forbid smoking of marijuana on their property, so long as they follow already existing landlord tenant laws. This does not mean that any cannabis products would be banned as these tenants could still consume their cannabis in edibles and though various types of oils. The landlord would only be able to prohibit the smoking of dried cannabis flowers. However, this is the still the most popular way cannabis is consumed, despite the many vaporizers that are now on the market.

In addition to smoking marijuana, the apartment complex also has the right to prevent tenants from cultivating marijuana. The reason for this provision is that many are concerned that growing cannabis indoors, even with new high tech grow operations, leads to a very strong odor that would interfere with the quiet enjoyment of other tenants in the building or apartment complex. It should be noted that the term quiet enjoyment is an old legal term that not only refers to sound, but also to any type of nuisance that makes it unpleasant to live on your own property or rental unit.

If you are found to be smoking in your apartment, and there was a no smoking provision in your lease, they could not call the police and have you arrested, but like any other alleged lease violation, they could start the eviction process. This applies to whether someone is smoking marijuana or if they are smoking tobacco. Since secondhand smoke and odor are the issues claimed, it is very likely that an apartment complex or landlord would prohibit the smoking of any lighted materials, whether it is marijuana or tobacco.

This is a hard fact to deal with for those who wish to smoke marijuana at home, as our state has very strong feelings about the use of lighted tobacco products, and these same provisions are the ones that will apply to marijuana smoking. This is true even with many people supporting the legalization of the recreational use of marijuana for adults.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Some California Renters Face Additional Restrictions on Smoking Pot at Home, July 3, 2017, By Jessica Rice, NBC News 4

More Blog Entries: Report: Colorado Marijuana Laws May Not be Safe, Feb. 5, 2017, L.A. Marijuana Lawyer Blog

The fear is that if they obtain a medical marijuana card, they will be on a list that the federal government can use to terminate their Social Security benefits. One patient interviewed for this story suffers from chronic pain. She has pain in her neck that radiates to her head, where it causes very severe migraines. She also has a painful medical condition known as peripheral neuropathy. This condition causes her arms and legs to constantly feel like they are burning.She has had many surgical procedures and multiple pain medications to treat her conditions, but they do not work all that well. She has now found a new pain control specialist that is recommending she try medical marijuana instead of taking all of those powerful painkillers. She wants to try it, but she fears that if she gets a medical marijuana card, she will lose her federal benefits. She is not alone with having these concerns, as there are many others in the same or similar situation.

As our Orange County medical marijuana attorneys can explain, and as discussed in this article, there is nothing in the Social Security Act that prevents a person with a medical marijuana card or recommendation letter from obtaining Social Security disability benefits. This statement has been echoed by the Social Security Administration (SSA), which is the federal agency that runs the Social Security disability programs. There is, of course, a caveat mentioned by SSA, that if a person were arrested for the sale or possession of marijuana, and they were confined to any type of institution for a period of 30 consecutive days, they would be able to terminate disability benefits.

In other words, as many people have been doing in our area for years, there should be no problem with being a medical marijuana patient and obtaining disability benefits. This a very common situation where people are obtaining medical marijuana for chronic medical conditions that also allow them to qualify for disability benefits. However, the fears are not irrational. The current White House administration has taken a different position than was taken during the presidential election campaign, and the new attorney general has said he intends to do whatever is in his power to crack down on medical marijuana in states where it is legal. He has even gone so far as to say that Congress’s express mandate that no funds be used by the U.S. Department of Justice, including the Drug Enforcement Administration (DEA), to stop medical marijuana in states where it is legal do not stop him from doing so. He has given no justification as to this position, and at least for the time being, it does not appear that he intends needs to do so.

The Los Angeles Cannabis Law Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Patients fear medical marijuana card could cost them their social security benefits | 11 Listens, July 4, 2017, By Denise Middleton, THV11

More Blog Entries:

The Uncertain Future of Recreational Marijuana, March 29, 2017, by Cannabis Law Group

The previous attempt at the CARERS Act, which stands for Compassionate Access, Research Expansion, and Respect State, called for moving marijuana from the highest schedule and moving it down to a Schedule Two controlled substance.As our Los Angeles medical marijuana attorneys can explain, on some levels that would be a very good move. Moving cannabis to a lower schedule would allow more research to be done on the drug, and that would allow for many more treatments, and it would allow cannabis to gain acceptance from the peer-reviewed medical community. However, it would also allow the U.S. Food and Drug Administration (FDA) to obtain jurisdiction over medical marijuana, and every time a producer wanted to claim their product had medicinal value and could treat a specific medical condition, they would need to do extensive clinical testing, adhere to labeling and naming requirements, and seek approval to put their drugs on the market. While this might be helpful to patients, it would be very detrimental to the industry at large.

This law did not get voted in to law by the U.S. Senate in the 2015 Congress, and it died on the floor, as they often say. According to a recent news article from The Motley Fool, the CARERS Act has been proposed again with some major changes. It has bipartisan support, as it has broad democratic support and support from Libertarian members of the GOP, such as Senator Rand Paul.

In this new version of the CARERS Act, there is no attempt to remove marijuana from Schedule One, but it would call for a redrafting of the USCSA to allow states to decide if they want to allow their residents to be able to obtain marijuana for recreational or medical purposes. If this bill passes, it would mean that the federal government would have no power to enforce federal drug laws with respect to marijuana in states where it is legal. This has become more important recently, as the current administration, as led by Attorney General Jefferson Beauregard “Jeff” Sessions III, has said that good people don’t use marijuana. He also said that he does not support the use of medical marijuana, and he said that he intends to prosecute cases despite Congress ordering no funds be spent on enforcing the existing law. This was not a problem with the Obama administration, but until marijuana is legal on a federal level, this can change with any new administration.

One other change that is rather odd in the new version of the CARERS Act is that there is no provision that federally insured banks and credit unions (virtually every bank in the U.S.) can take money from marijuana industry businesses. This means they are cash-only businesses, which creates a major headache.

The Los Angeles Cannabis Law Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

It’s Back! The Senate Just Reintroduced a Potentially Game-Changing Medical Marijuana Bill, June 25, 2017, By Sean Williams, The Motley Fool

More Blog Entries:

Marijuana Equipment Business is Booming, April 14, 2017, Cannabis Law Group

One area in which we are seeing growth, and see potential for a lot more growth, is in medical marijuana products for pets. As discussed in a recent news article from Salon, many people have pets that suffer from a lot of the same mental and physical conditions as people do. There are older pets with arthritis, pets with cancer (some on chemotherapy), and there are pets with anxiety, depression, and other mental health issues.

Since these conditions have been successfully treated in humans with medical cannabis products, people are starting to give medical marijuana treatments to their pets to offer them help and comfort as well. As our Riverside medical cannabis attorneys have seen, it is not only cats and dogs being treated with THC medical products. We are seeing examples of people treating large animals such as horses, pigs, and even more exotic pets such as skunks. Treatments have helped many older dogs with glaucoma.

One of the issues some veterinarians have with this is that there are very few, if any, credible peer-reviewed studies on the effects of medical marijuana on these animals. However, much as is the case with humans, the reason we do not have much research is because of the federal prohibitions on marijuana that make it very difficult for researchers to perform studies. Congress then uses the lack of studies as a basis for keeping medical marijuana as a Schedule One substance on the U.S. Controlled Substances Act of 1970 (USCSA), so we find ourselves in a Catch 22 situation.

One organization, the ASPCA, lists marijuana as a toxic substance to dogs, cats, and horses. While this might be alarming, there have not been any reports of animal fatalities or ever grave sickness associated with the consumption of marijuana. There was a case noted in San Francisco where a dog had eaten pounds of marijuana (entire plants) and had no long-term compilations.

Another issue that some veterinarians have is that there is no such thing, scientifically speaking, as a class of animals. We are dealing with many different species of living things. We are not even dealing with the same classes traditionally used, such as mammals, birds, reptiles, and amphibians. Some animals are warm blooded and some are cold blooded and they have vastly different metabolisms and nervous systems. In order to really study these issues, researchers would need to study these animals individually. For some reason, cats process medicines and toxins much differently than humans, as well as many other animals.

However, as there is no research available, but, as people are seeing generally positive results from treating animals with medical marijuana, more people are turning to these products, and this is creating a big demand. Edibles and tinctures are the most common form of administering THC to a pet.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Medical marijuana for your dog: Is it safe?, June 11, 2011, By Richard Faulk, Salon

More Blog Entries: Report: Most Banks Still Reticent About Reefer, Feb. 26, 2017, Marijuana Lawyer Blog

Once NASCAR officials saw the car with this medical marijuana company logo, including a large graphic on the hood, inspectors told the team that this was not an authorized sponsor and demanded the crew remove the stickers and decals form the car hood. This left the car without a hood sponsor, which cost the team of significant amount of money. This is harder on the driver, Carl Long, who is just back in NASCAR after a being suspended since 2009 for a serious violation involving his car in what was then called the Sprint Cup All Start Race.

In another incident involving NASCAR, the owners of the Pocono Speedway, the track where two NASCAR races are hosted, may be the site for growing for medical marijuana in Pennsylvania. The owners have proposed their plans to the zoning board to use the property for this purpose in the off season.

The plan includes constructing three greenhouses that are going to be 3,000 square feet in size each, and the owners will hire no less than 40 employees to work at the marijuana cultivation business. The workers will be paid at least $15 per hour, so this is a major selling point for the county. However, the owners say they will put a razor wire fence up for security purposes.

Neighboring landowners are not so happy about this plan. They are concerned there will be noise pollution, light pollution at night, and that property values will be negatively affected. They argue that nobody will want to buy property and live next to a giant razor wire fence.

As our Orange County cannabis attorneys can explain, there is often a lot of push back from some community members about the placement of a dispensary, distribution center, or grow operation in their neighborhood. There are a lot of reasons for this. Some are still against the recreational use of marijuana or even the use of medical marijuana. Others are concerned about property values, and while there may be some truth to that, this does not mean that you will be prohibited from placing your business in a particular area. The best thing you can do is to speak with an attorney that has experienced dealing with the local municipality as well as neighborhood groups to make sure you have the best chance of having a profitable business with as a little community push back as possible.

The track medical marijuana grow operation will also house a processing center. While many people are used to smoking the buds or flower material of the plant, the leaves and stems do contain THC. While this is not generally worth smoking, this material known as trim can be refined into highly potent concentrates if enough trim is used.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Attempts to mix medical marijuana, NASCAR make for bumpy rides, May 11, 2017, By Mike Reader, Charlotte Observer

More Blog Entries:

Marijuana Equipment Business is Booming, April 14, 2017, L.A. Marijuana Attorney Blog

After Proposition 64 passed, much of the regulation of both medical marijuana and recreational marijuana sales feel into the hands of several state agencies, including a newly created marijuana agency. However, the cities and local municipalities still get to decide on various issues related to the recreational cannabis industry. This includes regulations that pertain to licensing stores within their respective jurisdictions, whether they should apply a local tax to the sale of marijuana for recreational use, and various other issues.

As our Los Angeles recreational marijuana business attorneys can explain, the local municipality will also have the right to decide if on-site consumption will be allowed. This is a big deal, because many people are interested in the coffee shops that have become famous in Amsterdam where you can order marijuana from your budtender and smoke a joint while sitting at the bar. This would obviously be great for marijuana tourism, which is also becoming big business. This will also affect whether restaurants will be able to serve cannabis edibles for consumption on the property.

Marijuana edibles have come a long way since the humble days of the pot brownie and are a concern. These days, we have five-star chefs making gourmet meals that use cannabis oils as ingredients. There is an area where the right investors can make a lot of money, but any time you are dealing with prepared food for sale, there are additional requirements from the health department that must be followed in addition to the marijuana related regulations.

Another area that the local government has the right to regulate deals with whether home delivery of marijuana will be allowed and whether marijuana can be stored in warehouses in city limits. This is important, because there are a lot of complaints about the smell from warehouses full of marijuana, and there is a risk of crime, as some of these businesses have become targets for robberies. Part of this problem is because the federal government does not allow marijuana business owners to store their money in banks, so many of these businesses will commonly have a lot of cash on hand, and this makes them targets for burglary and robbery.

This is due to the fact that, because medical marijuana or recreational marijuana is still illegal on the federal level, any money made from these industries can still be called proceeds of a crime. Any bank that knowingly takes money that is proceeds of a crime can be fined or shut down if FDIC or FCUA insures them, which is pretty much every bank in America.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources: WeHo City Council Contemplates Regulations for Recreational Marijuana Shops, May 2, 2017, By James Mills, WEHO Ville

More Blog Entries: Report: Most Banks Still Reticent About Reefer, Feb. 26, 2017, Marijuana Lawyer Blog

The women who work at the company wear habits similar to those in worn by Catholic nuns, but the company is not affiliated with any Catholic order. She calls this her new calling, and this is to provide much needed medical cannabis to patients in need. She operates the company from her home and says that she is working to erase any negative stigma commonly associated with medical marijuana. She wants to make it clear that this is medicine with true healing ability and not just an excuse for people to smoke pot and get high.There are seven members of her company, and all of them are also nuns. They made their habits from used pillowcases and wear white shirts with denim skirts. They grow hemp, which is closely related to marijuana, and make a variety of products including salves, tinctures, and oils. These products are made from hemp, so they contain CBD and do not contain any significant amounts of THC.

There is much debate over whether CBD alone has any real medical benefits, but it is argued by many vendors that it is just as powerful a painkiller and stress reliever without any of the euphoric effects of marijuana, which are caused by the active THC.

There is also a lot of debate surrounding the legality of CBD products. As our Riverside medical cannabis attorneys can explain, the government allows hemp to be manufactured and sold due to a 2004 court opinion that excluded hemp. Hemp was used for hundreds of years before being outlawed for purposes that had nothing to do with drug use. It has been used in many commercial and even industrial applications.

These days, you can go into the one of the many tobacco vape shops and purchase CBD oil made from hemp, even in states where medical marijuana is illegal, and there is much debate over whether not this is allowed, but there has been little enforcement. One of the reasons for this may be that users are not getting high or taking it recreationally, so it is not considered that big a deal, and it falls under what many consider a gray area anyway.

Under this reasoning that hemp is not illegal, the Sisters of the Valley sell their products on the Internet and will ship them to anywhere the customer requests. They currently grow 12 hemp plants in the home’s garage that is now a greenhouse with artificial grow lights. 12 plants is the most allowed under local law. One thing to keep in mind is that it often takes much more industrial hemp to extract usable oil than it does with marijuana. This means the environmental costs and so-called carbon footprint is much larger when dealing with hemp as opposed to marijuana in many cases.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

These California ‘nuns’ are making a living selling pot products on the internet, May 1, 2017, By Melia Robinson, Business Insider

More Blog Entries: Report: Colorado Marijuana Laws May Not be Safe, Feb. 5, 2017, L.A. Marijuana Lawyer Blog

Many people are concerned that they will fail a drug test with positive sample and will do whatever they can to pass the test. This includes taking detox products that are available on the internet or at specialty vitamin stores, and it even includes using synthetic urine or another person’s urine. Since many testing centers watch the subject take the test with a mirror or directly, they even sell products that allow someone to discreetly provide a substitute sample. This is generally not a good idea and many people get caught.

Someone seeking to defend their right to use marijuana, particularly medicinal marijuana, and hold onto their job may face an uphill battle. However, consultation with an experienced marijuana lawyer is recommended.

Some hope drinking a lot of water will dilute the sample. The problem is they now test for the level of water in the subject’s urine. If the level is too high, it will be considered a water loaded sample and that counts as a fail. That’s what happened in the NFL case. It should be noted there has been no proof the athlete was trying to fool a test. yet he is still required to complete the NFL drug program.

The real question is why marijuana is illegal in the NFL even in states where medical marijuana use is legal, yet the league is practically encouraging these players to take powerful and addictive opioid painkillers instead. A recent article from the Washington Post deals with the struggles of former NFL players.

The article focuses on a group of NFL players that are part of the Denver Broncos Alumni Association. These players entered a dispensary in the area one at time looking for relief from the pain they now deal with daily. One player interviewed said his entire body is in pain from his ankles to his neck. He played for nine seasons in the NFL and said he knows this pain is part of what he signed up for when he decided to pursue a career in professional football. He does not resent that you can get hurt playing football, but he is upset that the league refuses to allow players access to medical marijuana. This is alarming considering the acceptable and widespread use of opioids among players in the NFL. There have been numerous reports of team doctors handing out pills as if they were candy on flights home from games.

However, it is not really that surprising, as our Los Angeles medical marijuana collectives attorneys can explain, because the U.S. Congress considers medical marijuana more dangerous than crystal meth based upon how the two drugs are scheduled on the U.S. Controlled Substances Act of 1970 (USCSA).

While football is not the only sport where athletes can be injured, it is a sport that probably has the highest percentage of serious injuries. It seems like at least one person is carted off the field by training staff during every game played.

If you have concerns about the future of your job due to marijuana use, contact our offices to learn more about your legal options.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

NFL players fight pain with medical marijuana: ‘Managing it with pills was slowly killing me’, May 2, 2017, By Rick Maese, Washington Post

More Blog Entries:

Marijuana Equipment Business is Booming, April 14, 2017, L.A. Marijuana Attorney Blog

However, it should come as no surprise that those who are pushing the pubic safety aspects are primarily supported by the law enforcement community. Despite there being no credible evidence to support this position, and in fact there is evidence to the contrary, the law enforcement community has worked to oppose marijuana legalization across the country by arguing that it will increase crime and school dropout rates. This was a major argument made in Colorado to avoid the legalization of marijuana of marijuana for recreational use.This was not successful, nor was it successful in California, where voters supported Proposition 64 on last November’s ballot, which made recreational use of marijuana legal in California subject to some regulatory restrictions and framework.

As for this specific law sponsored by the governor, the plan is to merge the existing marijuana legislation passed in 2015 with the changes under Proposition 64. As our Riverside medical cannabis lawyers can explain, prior to the 2015 laws, marijuana was legal for medical use, but it was up to the local cities, towns, and counties across California to regulate it as they saw fit. The reason for this is because, when voters passed the legalization of medical marijuana in 1996, the state was not really a part of this other than to direct state law enforcement officials not to arrest legal medical marijuana patients, approved caregivers, dispensary personnel, and licensed growers.

While this continued for most of the decade that followed legalization of medical marijuana for the first time in the nation, the state became concerned that it would get left behind and lose its chance to be a regulating force, and, in 2015, sweeping changes were passed that created a medical marijuana regulatory agency with broad statewide powers. However, legalization of recreational use marijuana has complicated the mission of this new agency, and changes were proposed to allow it to also regulate recreational use of marijuana.

In an effort to streamline the process, the governor has proposed several major changes. One of these changes was to do away with a requirement that dispensaries, or “pot shops” as they are now being be called by the community, to first get a city or country permit to sell marijuana before they can apply for a state license. Those who oppose this measure say that it is not merely an effort to remove redundancy, but it also serves as a giveaway to the marijuana industry by cutting red tape that is necessary to benefit the community. As one might expect, those who support the billion-dollar marijuana industry do not feel that this regulation helps the public, or anyone else for that matter.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources: Rift opens between the Brown administration and legislators over new marijuana laws in California, April 14, 2017, By Patrick McGreevy, LA Times

More Blog Entries: Report: Most Banks Still Reticent About Reefer, Feb. 26, 2017, Marijuana Lawyer Blog

However, despite the growing wave of support behind the legalization movement, there are some who oppose medical cannabis or recreational use of cannabis. Some of these opponents have formed their own political action groups to work to challenge state bills and direct voter action campaigns. According to a recent news article from the Los Angeles Times, one of these groups may be facing trouble related to alleged campaign finance violations.This particular group was founded on a national level and, as part of their efforts, worked to oppose Proposition 64, which is the voter ballot initiative that successfully legalized the recreational use of marijuana under California state law.

The group ran into problems when the California Fair Political Practices Commission determined that the group was allegedly in violation of campaign finance laws. Specifically, the agency found this group had not properly named an activist from Pennsylvania who had contributed nearly $1.4 million to oppose the legalization of marijuana in California. As our Los Angeles cannabis industry lawyers can explain, in the interest of transparency, groups for or against the legalization of marijuana cannot hide the names of large donors such as this in most situations.

As a result of these alleged violations, the agency has proposed this marijuana legalization opposition group be fined $6,000 for campaign finance violations, and the group has allegedly agreed to pay those fines. This particular group, which considers itself an anti-legislation group, was founded by a former member of the Obama administration who had the job of advising the administration on drug policy. In addition to allegations that the group did not disclose the name of this large donor, there were also fines paid that were issued on allegations that the group did not list all donations by this donor in a timely fashion, as required by law, and did not properly account for all donations.

The agency is also looking into anther so-called anti-legislation group that was fighting the legalization of marijuana for recreational use in California. Obviously, we know that despite their well-funded efforts, legalization of marijuana for recreational use in California did pass at the polls through Proposition 64. As for this other group under investigation, it was discovered that the group that has already accepted its fines was the parent organization for this new group. In this case, there are allegations that the subsidiary organization did not report the names of special interest donors that contributed over $50,000 to the group. In any campaign advertising, it is necessary to make such disclosures.

However, it is important to note that unlike its parent organization, subsidiary has not accepted any liability for these alleged violations and has not agreed to pay any fines as of this time this article was published.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources: Anti-pot group faces campaign finance violations from its work opposing marijuana legalization in California, April 10, 2017, By Patrick McGreevy, Los Angeles Times

More Blog Entries: White House Will Step Up Federal Marijuana Enforcement, Feb. 27, 2017, Marijuana Attorney Blog

According to a recent news article from the Cannabist, a new church, known as the International Church of Cannabis, allows people to smoke cannabis in a public setting. The church is in an historic church building that was purchased and renovated so that it could be used as a church for the newly founded religious movement known as “Elevationists.” The church was approved as a not-for-profit organization and its opening was on April 20, 2017. April 20, which his better known as 4/20, has become the unofficial international marijuana holiday. The founders of the church insist that this is a church to honor a legitimate religion that features the sacrament of cannabis. On the other hand, skeptics, including law enforcement officials, believe this is simply an attempt to use the cover of the First Amendment of the Constitution to get around the prohibition on using marijuana in a public setting. They argue that this is simply a private social club such as the ones created during alcohol prohibition in the 1920s.

Like Colorado, California has passed a legalization of the recreational use of marijuana act at the ballot. However, with legalization comes various restrictions and also a lot of seeming gray areas in the law. The reason for this is because of certain state restrictions as well as the fact that marijuana remains illegal under federal law. This was not a problem under the last half of the Obama administration, because it was determined that federal enforcement of marijuana laws would not be a priority in areas where it is legal under state laws.

However, it was always known that this could change with a new administration. While it hasn’t happened yet, the new attorney general, Jeff Sessions, has said that “good people don’t smoke marijuana,” and he intends to reevaluate enforcement efforts in states where recreational marijuana is legal under state law. While he hasn’t discussed state legal medical marijuana, it does signify that a major change in policy may be coming.

Since the laws are in a constant state of flux, it can be hard to stay clear of any of trouble and focus on running a legitimate and profitable business. The best thing you can do if you are already in business or planning to enter the business in the near future is to speak with one of our experienced Orange County cannabis industry attorneys. This will help make sure you are doing everything correctly and within the bounds of ever-changing laws to the fullest extent possible. This will allow you to focus on actually running your business, rather than trying to figure out if you are doing things properly.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

This new cannabis church pushes limits of Denver’s social-use pot law, April 14, 2017, By Alex Pasquariello, The Cannabist

More Blog Entries: Report: Colorado Marijuana Laws May Not be Safe, Feb. 5, 2017, L.A. Marijuana Lawyer Blog

However, there are many aspects of the marijuana business, and much the money is being made from things other than the growing and sale of marijuana itself. One of the increasingly more profitable ventures is the development and sale of what is being called marijuana equipment. While there are still a lot of regulations and legal pitfalls that can get these companies into hot water, the business is doing very well, according to a recent news article from USA Today. Some of the products that have become increasingly popular are home growing units. While you can still walk into a hydroponics shop and purchase expensive lights and growing medium and all kinds of other accessories, some people do not want to have a traditional indoor grow operation in their closet, for example. These days, people want to by a high tech box that looks like a futuristic refrigerator in which they can grow marijuana. Not only can they grow marijuana, they don’t need to know all that much about gardening or even get their hands dirty. The machine does all the work and looks like a high-tech piece of equipment, which it is.

One such unit retails for $3,000 and is even Wi-Fi ready. This means you can use your tablet or smartphone to track the progress of your growing marijuana plants and can even see them on the included web cam. Over a thousand units of this product have already been sold, and there are others like it on the market.

Another product is designed to fill cartridges with medical cannabis for use in vape pens. This company is in Orange County, California and has growing demand for large machines that sell for over $16,000.

This demand is only expected increase as more and more states legalize medical marijuana and recreational use of marijuana. However, while there is a lot of money to made when selling products that may be designed for cannabis use across state lines, it is not hard to imagine how a business owner could end up in regulatory trouble or even federal prison.

This is not to say that you should not go into the cannabis equipment business, but you should certainly first speak with an experienced Orange County cannabis business attorney before spending any significant amount of money on your startup. While some people are hesitant to spend money on legal assistance too early in the process, and have an attitude of let’s get started now and worry later, this can get you into a lot of trouble. It can also end up costing you and your business a lot more in the long run to fix problems that have occurred than to make sure things are done right in the first place. Additionally, you certainly want to avoid anything that can result in your being arrested.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Marijuana equipment start-ups flourish as large rivals avoid legal pitfalls, March 27, 2017, By Trevor Hughes, USA Today

More Blog Entries: Report: Colorado Marijuana Laws May Not be Safe, Feb. 5, 2017, L.A. Marijuana Lawyer Blog

According to a recent news article from Rolling Stone, no less than 78 people die each day from opioid overdose. Narcan, which is the brand name for naloxone, is a fast-acting emergency treatment for people suffering from an opioid overdose. The medicine was once kept exclusively in emergency rooms, but now is not only being kept in ambulances but also in schools and even private homes. There is the classic leg injector similar to an Epipen, but now there also a Narcan nasal spray for even easier use. Things got a lot worse when doctors were prescribing more opioids than ever before, and people became addicted. There are over a quarter of a billion prescriptions written each year for these medicines. When the U.S. Drug Enforcement Administration (DEA) cracked down on this and even arrested many doctors at pain clinics, people turned to heroin. This included so-called pure heroin form areas like Afghanistan, as well Mexican black tar heroin. However, once the Taliban first fell, heroin production was ramped up, and it became much cheaper to get heroin than prescription painkillers on the street.

As discussed in that article, one of the things scientists are working on is whether cannabis is effective to get people off severe opioid addictions. There are many reasons that this could work, such as the fact that it can also control pain without being addictive, and it can help fight the symptoms of withdrawal from heroin and narcotic painkillers, such as spasms and severe stomach problems. While this may be good news, it is hard to do research involving marijuana, because marijuana is illegal under federal law. When asked for his thoughts on this program, the current attorney general said marijuana is only “slightly less awful than heroin.”

This is, of course, not the opinion that those in favor of medical marijuana legalization would like to hear, and it is also not in line with the thinking of the majority of Americans, according to recent studies, but this is something we will have to deal with going forward. For this reason, if you are in the medical marijuana business, or are a patient who is dealing with legal issues, you should speak with our experienced medical cannabis lawyers in Riverside, so you can discuss your rights.

As a result of the opioid abuse epidemic and the problems fighting it, several states are trying to find ways to see if cannabis can be used to help patients. One such bill in Maryland was struck at the last minute, but another bill in New Mexico was just passed. This was sponsored by the GOP, even after Attorney General Jeff Sessions made his remarks about the use of medical cannabis and addiction.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources: How Medical Marijuana Could Help End the Opioid Epidemic, March 29, 2017, By Eric Killelea, Rolling Stone

More Blog Entries: Marijuana Sobriety Tests Still Elusive, Feb. 28, 2017, Marijuana Attorney Blog

Not surprisingly, some areas were very liberal with respect to medical marijuana production and sales and others were less liberal. Some areas did not permit any growing or sales within the city or county limits. A few years ago, the state started to become concerned that they were getting left out of the process, and this was creating a regulatory void. While it was up to individual municipalities to grow or dispense, there were many other state laws regarding agriculture and water usage. Since much of California is in the desert, and water supply is often far less than demand, this can create a major issue. For this reason, state legislatures moved to take over the regulation of the marijuana process, leaving cities and counties that did not want dispensaries and grow operations having to opt out in a timely manner. However, as these laws were being created, there was much question as to whether the existing agencies should handle their respective parts of marijuana regulation or if a new marijuana agency should be created.

After much debate, they decided to create a new agency. This became somewhat more complicated when it became clear that marijuana was likely to be legalized for recreational purposes, so the office was set up for the present and the future. Not surprisingly, marijuana was legalized for recreational use by ballot initiative, and the newly formed agency is shifting roles very soon after opening its doors.

According to a recent news article from the San Diego Tribune, regulators think this will be a somewhat difficult process with a great deal of trial and error involved. While California was once literally the Wild West, state regulators hope to avoid that moniker with respect to the regulation of medical and recreational marijuana use.

One of their goals will be to step in and close down the various illegal marijuana grow operations and dispensaries that still exist in areas where local government efforts to shut them down failed. Another goal that will help legal cannabis businesses is to get them access to bank accounts.

While it may seem crazy to those who are not familiar with the business, as our medical cannabis attorneys in Orange County can explain, it is still illegal to deposit the money in an account that is FDIC or FCUA insured, which is pretty much every bank. The reason for this is because marijuana is still illegal under federal regulations. This means that any bank that takes money from a marijuana business would be knowingly taking proceeds of a federal crime. While this seems ridiculous in 2017, the federal government has continued to maintain this position, and it is only expected to get worse under the current administration.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources: Regulating marijuana in California will be turbulent, state official says, March 24, 2017, By David Garrick, San Diego Tribune

More Blog Entries: White House Will Step Up Federal Marijuana Enforcement, Feb. 27, 2017, Marijuana Attorney Blog