In recent months, there have been numerous reports of technology software companies servicing the cannabis industry facing financial consequences for that partnership. Firms have been dumped by payment processors, classified as “high risk” by credit card brands and banks (requiring higher fees to handle payments), and overall faced difficulty in the course of day-to-day businesses.

As the legalized cannabis market continues to mature, we’re seeing regulatory headaches continue for ancillary businesses like tech companies, particularly when it comes to handling banking and payment processing. This is true even for companies that never touch a single marijuana plant or product. Businesses working with cannabis growers, producers, and retailers at every leg of the supply chain have found themselves suddenly grappling with growing red tape.

The irony for some of these tech companies is that a primary part of the service they provide to the cannabis industry is the ability to more easily maintain and track regulatory compliance. Some of those who are working high up the compliance chain for these firms have literally helped to write the laws for cities across California. And even they are struggling to maintain operations and meet compliance standards.

Although there are many factors involved, it primarily comes down to one issue: The lack of decriminalization at the federal level. Marijuana remains a Schedule I narcotic per the U.S. government. As long as that is true, that puts every company in the cannabis supply chain in a legal bind, particularly in terms of finances. Banks and other financial institutions that work with cannabis companies could potentially be accused of breaking federal money laundering laws.

Last month, Senators blocked marijuana banking reform that was introduced as a part of a defense bill. The bill, Secure and Fair Enforcement (SAFE) Banking Act, divided some lawmakers and advocates. Although all share the goal of ending cannabis criminalization, there is some pressure to introduce truly bipartisan legislation in a way that’s more incremental. But in the meantime, that doesn’t help companies that are facing the very real – and expensive – consequences of little-to-no progress on this front.

They’re losing their banking and branded card relationships waiting for federal legality. It’s possible that cannabis or partnering tech companies may even be skating on thin ice where fraud laws are concerned if they’re running any type of branded credit card. It’s imperative to work with an experienced marijuana business lawyer who can review all company processes to ensure you’re taking all steps to meet the letter and spirit of the law as a legal cannabis company – or a firm that partners with one.

At the end of the day, every industry has its regulatory risks. For the cannabis industry and those whose work is ancillary to it, the question is what is the nature and degree of that risk relative to the potential opportunities and anticipated ROI. One can reduce the risk to the greatest extent possible by partnering with an experienced California cannabis business lawyer.

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:

Cannabis Companies in California Have Lost Millions Due To Poor Regulations. California’s New Bill Could Change That, Jan. 3, 2022, Keerthi Vedantam, dot.LA

More Blog Entries:

California Cannabis Tax Compliance, Banking Continue to be Challenges in 2022, Dec. 29, 2021, Los Angeles Cannabis Business Lawyer Blog

Criminal prosecutors for the U.S. attorney ordered records from 30 cannabis companies, including Ghost Management Group LLC, owner of the subsidiary Weedmaps. Through its website, Weedmaps not only provides consumers with lists of nearby cannabis retailers, it also allows consumers to find retail deals, place delivery orders, and rate compare and cannabis stores.

Among the points of interest within the subpoena, the prosecution demands documents surrounding marijuana businesses noted on Weedmaps, as well as records documenting the website’s online ordering service. Additional records sought by the government pertain to other pieces of information kept by Weedmaps, including notes on its staff, accounting practices and business investors. More specifically, the demands extend to communication with, and payments made to federal, state and local employees, elected officials, and any candidates for those offices.

While intentions behind the initial investigation remain unclear, our Orange County cannabis business lawyers believe the requests outlined within this subpoena signal early stages of a probe. An important component of the request appears to surround a set of records associated with services provided by Weedmaps that allow for internet generated marijuana purchases.

Terra Tech (now known as Onyx Group Holdings following a merger) and CannaCraft are among the companies for which the subpoena requests documents. CannaCraft is licensed for cannabis manufacturing, while Terra Tech holds a retail license through a subsidiary.

The prosecution’s call for documentation will likely seek to determine whether or not Weedmaps, and others, have adhered properly to the state of California’s stringent cannabis regulations. Under federal law, in order for the prosecution to successfully prosecute a company, it must show that a cannabis entity is non-compliant with California’s cannabis regulations.

While federal law still prohibits the possession and sale of marijuana, Congress has thus far cut off funding to the Justice Department, in a move to block the pursuing of such cases, so long as the companies or individuals in question are complying with their state’s medicinal marijuana regulations.

Shortly after Colorado legalized marijuana use, federal prosecutors swooped in and made an effort to pursue companies appearing to be in fundamental violation of the state’s cannabis regulations.

Implications Unlicensed cannabis businesses have troubled law-abiding businesses to no end. Either by milking licenses, then siphoning marijuana off into the illicit market, only to undercut legal storefront price points. A Californian U.S. attorney’s office investigation into Weedmaps and its business associations signals a possible change from the ‘hands-off’ approach the federal government has shown toward state marijuana regulations, thus far.

It also highlights the possible outcomes associated with taking a risk in conducting illegal business dealings, and sends a very clear message that unlicensed businesses can no longer expect to carry on unlawfully without fearing the consequences for those actions. 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: California Marijuana Laws Overview (Medical Marijuana, Proposition 64, Cannabis Taxes, etc.)

Housing authority officials cite the conflict between state and federal law, saying they jeopardize their access to much-needed federal dollars if they allow a Schedule I narcotic to be used in taxpayer-funded housing or by those receiving assistance. However, what our Los Angeles marijuana lawyers see is yet another example of double standards when it comes to marijuana law and regulation enforcement – with people of color in low-income communities facing particular adverse consequences. Coincidentally, this is the same population disproportionately impacted by the failed, decades-long War on Drugs.

Officials with the Department of U.S. Housing and Urban Development (HUD) have said they do want “sensible” regulation that might legally permit medical marijuana use by public housing tenants, but so far there is no concrete proposal on the table.

This issue has arisen in numerous states. Illinois, for instance, after the end of this year will join the growing list of states to allow recreational marijuana use, possession and sales – but public housing tenants will face homelessness if they partake. This was made clear, the Associated Press reported, when managers of Section 8 housing sent notice to tenants underscoring that federal law bars the use and possession of marijuana in housing subsidized by federal dollars.

In effect, the drug is being legalized, but we’re only allowing certain groups to benefit from it – even though many states (California included) have built in special provisions within regulation to to reverse the effect of years of racial disparity on this front.

As our Los Angeles marijuana eviction attorneys can explain, it’s not just the U.S. Controlled Substances Act, either. State housing authority officials point to the 1998 Quality Housing and Work Responsibility Act. This measure expressly prohibits any facility that takes in federal dollars from allowing marijuana use. There are is also a provision of federal housing law that specifically gives both public housing authorities and landlords the right to evict any tenants who use marijuana, regardless of the reason. Anyone convicted of a marijuana-related offense is prohibited from obtaining federally-funded housing too. And while the U.S. Department of Justice had suggested in 2013 memo that there would be some enforcement latitude, former U.S. Attorney General Jeff Sessions rescinded that memo last year.

So no matter what the state-level laws, the legal rights of public housing tenants to use marijuana for any reason are sketchy at best.

As it stands, there hasn’t been a flood of cases challenging these laws, but that most likely has to do with the fact that tenants don’t have the means to pursue legal action, don’t have access to information on how to pursue such action if they wanted to and the risk of losing a roof over their heads is enough to muzzle any loud discontent. That doesn’t mean these measures aren’t having an impact on a substantial number of people.

Among the recent cases reported by local media outlets:

• An elderly man in New York, convicted of using a marijuana vaporizer for pain, was evicted from his public housing residence. (The 78-year-old was allowed by his landlord to move back in after public pressure.)
• A California woman and her daughter from Arcata were evicted for medical marijuana use last year.
• A 55-year-old in Montana was denied public housing when she admitted to having a medical marijuana card, which she was given as an alternative to opioid prescription painkillers after a breast cancer diagnosis.
• A Massachusetts couple were evicted for smoking medical marijuana on their patio last year. The husband is disabled while the wife suffers a painful, progressive brain disease.
• In Oakland, California, four elderly public housing residents were all evicted for marijuana use, despite having lived in public housing for years – three of them being elderly women who were caring for children and grandchildren.

A U.S. Representative from Washington, D.C. has introduced a bill that would allow medical marijuana usage in states where the drug is legal for that purpose, but it has yet to gain significant traction.

The existing HUD policy on marijuana use is one-strike – meaning one-strike, and you’re out. This has put hundreds of seniors and those with disabilities at risk for homelessness – and even criminal charges.

If you are facing eviction for marijuana use in Southern California, our experienced marijuana lawyers can help.

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:

Marijuana banned from Chicago public housing despite legalization taking effect January, 2019, Associated Press

how they can interact with the cannabis industry. Wells Fargo, however, recently took those restrictions too far when the bank closed the account of a candidate in Florida who made cannabis legalization a tenant of her campaign platform. According to New York Times, Nikki Fried is running for Florida agricultural commissioner and said expansion of the state’s current program is her highest priority.

The candidate runs her campaign finances through Wells Fargo, who questioned her support of marijuana and whether or not she also was planning to take donations from marijuana businesses to fund her campaign. When her campaign workers confirmed she would take such donations, Wells Fargo made an unprecedented move in shutting down her account. Our skilled Los Angeles marijuana business attorneys know it is true under Controlled Substances Act, 21 U.S.C. Section 812 that the consumption and sales of marijuana in any form or for any purpose is still prohibited in the eyes of the federal government. Therefore, running a marijuana business would still, on paper, be considered illicit drug trafficking. Congress has intervened with the Rohrebacher-Blumenauer Amendment, which has freed cannabis businesses to function under the supervision of individual state laws without the interference of the U.S. Department of Justice, Banks, meanwhile, still largely have their hands tied, unable to allow those businesses to knowingly house money being used to commit a federal crime due to their own federal regulations with which they must comply. While it is unclear how much the Justice Department would target banks for such activity, most have opted to play it safe.

To say the least, this has been a massive inconvenience for the cannabis industry, whose businesses are often targeted for theft because criminals know the large amounts of cash owners are often forced to keep on the premises. It is a primary reason advocates are still fighting so fervently to have marijuana rescheduled federally to end some of this unnecessary chaos. The logic in these cases is sound at least. The law is clear, and all parties involved are doing their best to comply.

In the case of Fried, though, the logic is very shaky and it sends a rather muddled message to the country. It is not illegal to lobby to change a law, which is exactly what Fried is doing through her campaign platform. In fact, since medical marijuana has already been legalized in Florida, her platform to expand the program isn’t even that new or incendiary. Wells Fargo seems to be putting Fried under a level of scrutiny that other politicians and lobbyists have not had to endure.

As for Fried accepting money from marijuana businesses, where will banks draw the line? Are landlords who rent to cannabis businesses not allowed to put money in their own bank account? What about someone who works at a dispensary? Can they not have a personal bank account? What about all the companies that sell to those in the marijuana industry all of the items needed to run a business, such as shelves, cash registers, bags, grow lights, and testing equipment? The list goes on and shows just how preposterous this decision really was. Should you find yourself the target of an unfair attack due to your participation in California’s cannabis industry, our attorneys will get to the bottom of the issue and fight for your rights.

Additional Resources:

Candidate: Wells Fargo Closed Account Over Medical Marijuana Stance, Aug. 20, 2018, By Antonio Fins, Palm Beach Post

More Blog Entries:

Federal Banking Regulations Make Dispensaries Robbery Targets, Nov. 18, 2017, Cannabis Law Group

grown for research purposes in the U.S. and decrease the amount of opioid drugs produced under the group’s watch. You heard that right. The same organization whose leaders for years have been wringing their collective hands over marijuana, who said we simply did not know enough about its effects, who defended its Schedule I classification, might finally be waking up to smell the coffee the rest of the country has been happily sipping for some time now.

According to a report from Forbes, a new Federal Register filing shows the agency increasing allowance of cannabis plants to 5,400 pounds in 2019, more than five times the 1,000 pounds the department OK’d this year. Representatives of the department said the move was necessary to meet the demands of the medical and scientific communities for research purposes. Of course this demand is nothing new. Health care providers, laboratories, and medical schools have been desperate for proper research on cannabis for decades. California medical practitioners have been using limited studies, anecdotal evidence, and trial and error to treat patients since medical marijuana was legalized in the state in 1996 under Proposition 215.DEA and other federal officials have long been playing a game of Catch-22, hiding behind Controlled Substances Act, 21 U.S.C. Section 812, which places cannabis in the most restricted categories of drugs. Schedule I narcotics are labeled such because they are considered the most dangerous, the most addictive, and have no medicinal value. For comparison purposes, heroin also resides in this category. The risks these drugs pose make it extremely difficult to get approval for medical testing, particularly if the thesis is to demonstrate the effectiveness of the drug. Limited testing means little verifiable evidence to prove the effectiveness of the drugs in question, fortifying the stance that the drugs should remain banned. As our Riverside medical cannabis attorneys know, applying this logic to marijuana is preposterous. Cannabis has proven itself time and again to be a relief to patients with numerous medical conditions. Marijuana certainly is a desirable alternative, as well, to opioids, which kill more than 100 people every day in the U.S. — many of whom had a prescription.

It seems the DEA is finally waking up to this fact as well. Even Attorney General Jeff Sessions voiced support for cutting opioid quotas next year by 10 percent, citing the opioid epidemic as the worst drug crisis in American history. Sessions, infamous for his fervent anti-marijuana beliefs, is less apt to acknowledge how cannabis can play a role in fighting opioid addictions, though he will likely need to OK more facilities to handle the increased marijuana production. We all know how many patients have found pain relief from cannabis, with many choosing marijuana after they had become overly dependent on opioids, such as morphine, fentanyl, hydrocodone, and oxycodone. Our trusted legal team can only hope now that DEA is also pulling together this important piece of the cannabis puzzle and will soon release their grip they have on the throat of the marijuana industry in this country.

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:

The DEA Wants to Grow More Marijuana, Aug. 20, 2018, By Joseph Misulonas, Civilized

More Blog Entries:

DEA Chief Woefully Unaware of Medical Marijuana Facts, May 21, 2018, Cannabis Law Group

change 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.

As our trusted Orange County marijuana attorneys can explain, there are several reasons it has taken federal leaders so long to release their grip on cannabis prohibition. First of all, anti-marijuana propaganda has been deeply ingrained in the American psyche for decades through drug prevention programs and public service campaigns. The campaigns themselves have their own nefarious roots, as marijuana has a history of being used as a tool to target minority groups and political activists. Law enforcement agencies have legitimized their questionable arrest practices by exaggerating the effects of cannabis to a naive nation.

Second, these same law enforcement agencies soon learned this practice also meant extra funding for their departments. “War on Drugs” quickly became a buzz term that got people worked up into a fervor over scary drug lords and sketchy dealers preying on our children. While those things certainly exist, it’s much more difficult to crack down on meth houses and massive cartels than it is to round up average marijuana users. On paper, though, incarcerating someone with a personal bag of marijuana looks the same as the arrest of a cocaine trafficker, and racking up big numbers of drug-related arrests keeps “War on Drugs” funding flowing into police departments.

Third, and this is perhaps the biggest factor, is massive lobbying money coming in from pharmaceutical companies. We are learning more and more each day how many potential health benefits cannabis holds. So why wouldn’t pharmaceutical companies want to capitalize off of this miracle drug? The answer is shockingly simple and terribly sad: cannabis is fairly inexpensive to cultivate and can even be grown at home. Many treatments involving cannabis require little processing. Education and medical assistance can help patients learn the difference between indica and sativa strains and also understand how the right balance of THC and CBD will help their ailments. There is certainly room for pharmaceutical companies to get involved with crafting precise balances of cannabis oils, lotions, and pills to treat specific conditions. For example, Epidiolex will cost $32,500 per year before insurance, leaving little room to imagine why there is the sudden interest in legalization. The fact is, though, with the right medical guidance many people can skip the middle man of the drug companies all together and have been doing so for years.

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:

FDA Approves First Drug Comprised of an Active Ingredient Derived from Marijuana to Treat Rare, Severe Forms of Epilepsy, June 25, 2018, U.S. Food & Drug Administration

More Blog Entries:

FDA Approval Could Change Everything for Medical Marijuana, July 1, 2018, Cannabis Law Group

work in states where marijuana has been legalized by allowing them to benefit from their state’s laws without fear of losing their job. HR-6589, the Fairness in Federal Drug Testing Under States Laws Act, would protect the employment of anyone working for or applying to work for a local office serving the federal government who is caught using cannabis so long as the person is abiding by proper state laws, according to a report from Washington Times.

The bill was introduced by Reps. Charlie Crist (D-Florida) and Drew Ferguson (R-Georgia) once again proving cannabis is an issue that truly brings people together across the aisle.

In many ways, one would not know that marijuana is prohibited by federal law in the United States. In 30 states and Washington, D.C., cannabis has been legalized for medical use, with about a third of those permitting recreational use. While more than half of the states in the U.S. have legalized some form of marijuana, many Americans still have to make careful decisions about whether or not to consume for the sake of their careers. Even where cannabis is legal, employers are perfectly within their rights to drug test and to hold employees accountable for marijuana found in their systems. This includes employees who have a recommendation from their doctor. It becomes even more complicated when the employer serves the federal government. Federal employers must abide by federal law, regardless of the state in which they are located.

Many employers are finding that testing their employees for cannabis use does more harm than good, scaring away talented candidates who have done nothing wrong except follow the medical advice of a physician. These employers defer to state law rather than federal law and do not hold tests showing THC. Federal employers do not have the ability to defer to state law, but this bill would rectify this disparity. In either case, employers can still punish an employee if there is probable cause to believe the worker is under the influence while on the job. The bill also would still not allow employees who have top secret clearance or who have access to highly sensitive information to partake.

As our L.A. marijuana lawyers can attest, drug testing for cannabis is not a reliable way to prove that marijuana use is overlapping one’s professional life. The effects of cannabis usually wear off within a few hours, depending on the method of ingestion, but will remain in the system long enough to show up on a drug test roughly two weeks later. More so, without suspicion that an employee is high on the job, cannabis simply should not be a concern to employers. It is ridiculous that hundreds of thousands of people are now reaping the benefits of cannabis, yet we are still clinging to the notion that somehow by doing so, they could be unfit for work. Our legal team hopes this bill will make life easier for federal employees and will set an example for all employers.

Additional Resources:

New Bill Aims To Protect Employees In Legal States From Being Punished For Consuming Cannabis, July 28, 2018, By Calvin Hughes and James McClure, Civilized

More Blog Entries:

Employers Revisiting Policies on Marijuana, Jan. 1, 2018, Cannabis Law Group

combined to reach a new fever pitch, with border patrol reportedly enforcing wildly audacious rules and ruining lives in the process. U.S. border guards have allegedly started turning away Canadian citizens entering the U.S. if it is revealed that they work in the cannabis industry, regardless of whether or not they are in compliance with Canada’s laws or even if their business deals directly with the drug or not, according to The Vancouver Star. Involvement in the cannabis industry means you are profiting from illicit drug trading, in the eyes of U.S. border patrol, an offense that can get you banned from entering the U.S. for life. Once you’re on the list, you never fall off, and admittance into the country would require the help of an immigration attorney and special temporary waivers. Even admitting to ever using cannabis has reportedly led to Canadians being turned away at the border.

Americans, too, are facing problems at the border. Some are crossing into Canada to take advantage of their legalized medical marijuana and will soon be flocking there to experience federally legalized recreational marijuana, beginning Oct. 17. If they attempt to bring any marijuana with them back into the U.S., however, they could be facing charges for possession or drug smuggling along with fines and/or jail time.

As our cannabis criminal defense attorneys in Los Angeles can explain, many are confused by the way the current marijuana laws work. If they legally purchased marijuana in Canada and they are crossing into a state, like Washington, where cannabis is legal for medical and recreational use, why then would they be in trouble at the border? Even more confounding, why would a Canadian who has never used marijuana a day in his or her life, but whose company creates products that are used by cannabis businesses, be banned from the U.S. for life?

For the answer, one needs to look no further than Attorney General Jeff Sessions and his militant and radical stance on marijuana. He has made it no secret that he is a believer in anti-marijuana propaganda and will use the extent of his power in the Justice Department to enforce the federal ban under Controlled Substances Act, 21 U.S.C. Section 812. His plans have been thwarted in many ways, with more states legalizing cannabis for medical and recreational use. Congress, too, has passed measures to protect those states, including the Rohrabacher-Blumenauer Amendment, an add-on to the federal budget preventing DOJ from using funds to prosecute medical marijuana operations in states where it is legal. Instead of getting with the times, looking at the undeniable mountain of evidence in favor of marijuana legalization, and re-examining federal law, Sessions has chosen to double down on enforcement anywhere he still has power. This, unfortunately, has included border security, and many Canadians and Americans are paying the price.

Our legal team stands by the millions of Americans who find the hostile anti-cannabis agenda of the Justice Department and border patrol to be out of line. The entire country is trending toward a better understanding of cannabis and its benefits. We know the War on Drugs and the aggressive targeting of marijuana users has done nothing but hurt our country. It’s time this administration catch up with the rest of us before any more lives are destroyed.

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:

When Marijuana is Legal in Canada, Americans are Expected to Flock, But the Border, and U.S. Law, Stands in the Way, July 11, 2018, By Lornet Turnbull and Katie Zezima, Washington Post

More Blog Entries:

Report: Legal Medical Pot User in Canada Denied U.S. Access for Life, Sept. 25, 2016, Cannabis Law Group

involving First Church of Cannabis. The church had put in a bid attempting to allow smoking of marijuana as a religious sacrament in Indiana. The group sued the state, attorney general, and then Gov. Mike Pence in 2015. But a judge out of Marion County Superior Court recently ruled against the church, according to RTV6.

Indiana currently has extremely limited medical marijuana provisions and relatively strict laws against recreational use. Attempts to decriminalize small amounts of marijuana were thwarted in 2013, and instead an amendment to IC 35-48-4-11 was added to HB 1006 to increase penalties of certain types of possession to felonies rather than misdemeanors. Some attempts to legalize medical marijuana also failed a few years ago, but last year the legislature was able to push through a bill allowing CBD oil specifically for seizures. Considering all of the people nationwide who have found relief from cannabis for a wide variety of ailments, this seems to be the absolute least they could do.First Church of Cannabis was attempting to appeal to the state’s Religious Freedom Restoration Act, which is intended to protect religious groups from government interference. The act stirred up controversy from people concerned the law could lead to discrimination against certain residents, particularly LGBTQ individuals, with business owners citing religion as a shield for their discrimination. It is clear, though, given the reaction to the First Church of Cannabis that the law was never intended to protect all religions. When it comes to discrimination under the guise of religion, state leaders shrug. When a church suggests cannabis be used, however, suddenly there is much concern over churches abusing the law and using the cover of religion for illegal practices.

On the surface, the concern of state officials is not invalid. If marijuana were to be considered a dangerous drug, allowing this church to use it in religious practices would be unfathomable. It could set a precedent for drug rings to use religions as a front for illicit sales and smuggling. Our Orange County cannabis lawyers must ask, though, why is it considered a dangerous drug at all? Marijuana is legal in 30 states for medical use, nine of those states also allowing recreational use. By pushing against this issue so fervently, state leaders have actually exposed a nerve. If marijuana is not allowed to be used in religious ceremonies because it could pave the way for harder drugs to do the same, we must have the conversation about why it is lumped in with other Schedule I narcotics, like heroin or LSD, at all.

The state of Indiana made it clear where its priorities are: to further outdated propaganda about marijuana, and protect its anti-cannabis agenda even above religious liberties. We’ve come a long way in the fight for cannabis rights, but this goes to show there is much work to still be done on the national stage. Considering Pence, now vice president of the United States, had a large part to play in both the religious liberties law and the harsh marijuana punishments in Indiana, it’s no wonder there is still such confused messaging from our top leaders in regards to marijuana.

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:

Judge Dismisses Cannabis Church Case Defending Weed as Religious Sacrament, July 8, 2018, By Morgan Gstalter, The Hil

More Blog Entries:

International Church of Cannabis Draws Mixed Feelings, April 17, 2018, Cannabis Law Group

concrete relief from the oppressive federal law that continues to bind the hands of marijuana businesses despite state legalization. The STATES Act, Strengthening the Tenth Amendment Through Entrusting States, is a more formal way of declaring that state laws regarding cannabis usurp the federal government’s Schedule I classification under Controlled Substances Act, 21 U.S.C. Section 812.

According to a report from Leafly, the bill allows representatives who refuse to step into the 21st Century to support marijuana businesses without taking a stance on marijuana at all. It turns the matter purely into a states’ rights issue, which has become the great unifier in the cannabis debate. It also removes industrial hemp from the definition of “marijuana,” freeing many industries that create products unrelated to the psychoactive properties of cannabis.The bill would help marijuana businesses owners clear a key hurdle they face daily in running a proper business: lack of banking options. As our L.A. marijuana business lawyers can explain, banks are under federal jurisdiction, and therefore must be in compliance with federal rules. By housing funds for cannabis businesses, they would knowingly be engaging in criminal activity in the eyes of the federal government, regardless of the laws within the state. The STATES bill would establish a federal law that would act as a buffer, declaring that following state guidelines in regards to marijuana would not be considered trafficking, thus freeing the banks. The importance of this step cannot be stressed enough. Not only will it make it easier for businesses to function at a base level, but it also will make operations infinitely safer. No longer will owners have to haul massive amounts of cash down long stretches of highway trying to get funds to tax offices. Retail locations as well will not have safes with troubling amounts of cash on-site. These are legitimate businesses and it is about time they be allowed to operate as such.

The bill has garnered support from banks and business owners, as well as Democrats and Republicans. It was introduced by Sen. Elizabeth Warren (D-MA) and Sen. Corey Gardner (R-CO) and received backing from at least 12 governors petitioning for the bill to advance, including California Gov. Jerry Brown. Sponsors of the bill in the House of Representatives included Rep. Rep. Dave Joyce (R-OH), Rep. Carlos Curbelo (R-FL), Rep. Ken Buck (R-CO), Rep. Jared Polis (D-CO), Rep. Barbara Lee (D-CA), and Rep. Earl Blumenauer (D-OR). Blumenauer has long been a champion of states rights for cannabis, acting as one of the sponsors of the Rohrabacher-Blumenauer Amendment (originally Rohrabacher-Farr), the amendment that has passed each spending bill since 2014. It created a patch that forbid the Justice Department from using funds to go after medical marijuana operations and users in states where it was legal. If passed, the STATES Act would go much further by putting an official law on the books, rather than something that would need to be passed again and again. It also would give blessing to the state activities, rather than the current system which continues to position the activities as criminal and simply prevents punishment of those crimes.

Navigating the tangled web of local, state, and federal cannabis laws can be a challenge for business owners. Our skilled marijuana business attorneys are well-equipped to clear those challenges and help your operations meet compliance standards so you can focus on your business and your customers.

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:

How Marijuana is Going to Become Bipartisan, June 7, 2018, By Paul Waldman, Washington Post

More Blog Entries:

Federal Budget Protects State Medical Marijuana Businesses, For Now, Feb. 14, 2018, Cannabis Law Group

is bringing their findings to the global stage. WHO was tasked by secretary general of United Nations to deliver a recommendation on the level of international control necessary for cannabis, according to a Mother Jones report. It is of no surprise to our cannabis law firm that the first report from WHO described marijuana as a “relatively safe drug.”

An international team of marijuana experts contributed to the report, which was presented to the Expert Committee on Drug Dependence. The report analyzed both THC and CBD and found evidence it has medical benefits, particularly in relieving symptoms of cancer treatments, pain relief, and anxiety. It also concluded that driving under the influence of cannabis is risky, but not as risky as alcohol. Marijuana use also can also be risky for pregnant women and children.Americans have been all abuzz about cannabis for many years now, with California first to legalize medical marijuana in 1996 when voters passed Proposition 215. Yet it is still illegal at the federal level thanks to its classification under the Controlled Substances Act. Not only is marijuana considered a Schedule I narcotic in the U.S., but it also was identified as a Schedule I narcotic under the treaty of the United Nations Single Convention on Narcotic Drugs, also known as the ’61 Convention. WHO’s findings could potentially change all that. Rescheduling cannabis internationally wouldn’t change any laws, but it would demonstrate a change in mindset that could get productive conversations started.

When you think of cannabis in other countries, maybe you think of the infamous coffee shops in the Netherlands, though for the most part marijuana is still illegal there. It was decriminalized and allowed to be consumed in restricted locations. Only recently did the country ease up on some of the growing and smoking laws. You’ll be more likely to have a green-friendly vacation visiting one of the hundreds of cannabis smoking clubs in Spain. Or simply plan a trip in the near future to our neighbor’s the north. Canada is on track to become the second country to fully legalize marijuana, Uruguay being the first.

As with California, our Riverside medical marijuana attorneys know other countries might need to be eased into a new understanding of cannabis. Even though the drug has been used for healing purposes for centuries, because of intense and politically motivated anti-marijuana campaigns, we all must re-educate ourselves on this highly beneficial drug. Once people see for themselves the good it can do, they open up to at least exploring medical marijuana legalization. In addition to Canada and the Netherlands, Chile, Australia, Germany, Peru, Israel, and Australia allow cannabis for medical use. The findings from WHO could open the doors for many more to follow.

Rescheduling marijuana internationally would not only be a victory for countries around the world, but also for medical marijuana users and dispensaries right here in Southern California. If medical professionals globally can agree that cannabis is safe and beneficial, it bolsters the arguments advocates, like our experienced legal team here in Riverside, have been making all along.

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:

The Countries With The Most Relaxed Weed Laws, Feb. 28, 2018, By Burgess Powell, High Times

More Blog Entries:

Medical Marijuana Study in Israel Lights Way for Cancer Treatments, April 2, 2018, Medical Marijuana Lawyers Blog

set of insects and animals and requires special care to deter wildlife from harming crops. Farmers must also take into consideration how pest-control methods could harm natural surroundings and affect the people who will consume the product. Cannabis farms are no different, though they lack the years of shared wisdom other farmers have gathered. In fact, cannabis farmers have to be even more thoughtful in some ways about what they use because their end product isn’t easily washable like an apple. Although it wouldn’t seem a cannabis attorney would be your first consult on this front, it’s worthwhile to review it with your counsel so you are sure you’re abiding local and state environmental regulations.

The California Department of Pesticide Regulation, has been tasked by California’s Medicinal Adult-Use Cannabis Regulation and Safety Act to provide guidelines for pesticide use in cannabis farming. The department said there is not a pesticide product federally registered for use specifically for cannabis farmers. However, there are plenty of pesticides that can legally be used on cannabis so long as they meet certain criteria. According to the department, the state permits certain pesticides for use on cannabis crops that are “exempt from residue tolerance requirements and the product is either exempt from registration requirements or registered for a use that is broad enough to include use on cannabis.” Examples of substances exempt from registration would be food-grade essential oils, such as peppermint and rosemary. A full list of legal pesticides for cannabis farms is provided by the department. Warning labels on pesticide packaging also must be adhered to in regards to how much pesticide is used and how frequently it is applied to maintain safe levels.

Officials are voicing concerns over an increased use of Carbofuran, a highly toxic pesticide that’s illegal in the U.S. This type of pesticide has become popular with unlicensed marijuana farmers because of its effective pest control, but it has extremely adverse effects on wildlife and the end product. While strong pest control can be appealing, this is not a corner cannabis farmers can afford to cut. Consider this: the reason the chemical is so effective is that a single teaspoon can kill a bear. There’s a reason this pesticide is illegal and should not be trifled with. The Department of Pesticide Regulation also provides a list of pesticides, including Carbofuran, that are not permitted for use on cannabis crops.

Not only is using proper pesticides the right thing to do for the environment and your customers, it’s also the best thing for you and your business. Attorney McGregor Scott, the top prosecutor for northeastern California, has stated he intends to leave the state’s new legal recreational marijuana market alone, according to an article from The Sacramento Bee, but has his sights on those who are skirting key regulations. On a short list of his top concerns are organized crime, farming on public lands, interstate trafficking, and use of Carbofuran.

Making a quick buck today isn’t worth harming animals, putting the safety of people in jeopardy, losing your business, and facing criminal prosecution tomorrow. That’s why it’s essential that cannabis businesses learn about proper regulations, obtain licenses, and form a business plan that has longevity with the help of our skilled Riverside cannabis business attorneys. We’ll show you how to stay out of the way of the law and keep safety a top priority while still making money.

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:

Use of Toxic Pesticides Increased in California’s Illegal Weed Farms, May 30, 2018, By Nick Lindsey, High Times

More Blog Entries:

One California Sheriff Warns Marijuana Users About Pesticide Dangers, June 3, 2016, Cannabis Law Group

Supreme Court decision is primed to have a major effect on marijuana rights throughout the country, but the content of the case is not cannabis: It’s sports gambling. The recent decision in Murphy v. National Collegiate Athletic Association opposed a federal law that prohibited states from legalizing gambling on sports. At the heart of the lawsuit is a states’ rights issue, one that will set a precedent far beyond betting on games.

The case began with Congress passing the Professional and Amateur Sports Protection Act in 1992, which made it illegal for states to allow sports gambling if they did not already have laws permitting the activity on the books, according to an article from The Hill. Years later, in 2011, New Jersey voters passed a ballot initiative to amend the state constitution and put in place sports gambling permissions and regulations, which sparked the lawsuit with NCAA and sports leagues. It was determined this was in violation of PASPA, so New Jersey legislators instead repealed the laws they had in place forbidding sports bets in casinos, hoping to create one legal avenue. Federal courts stuck down this action as well, which forced a Supreme Court decision on the matter. The Supreme Court, however, sided with New Jersey, stating that PAPSA violated anti-commandeering doctrine.How does this relate back to marijuana? As our Los Angeles marijuana rights lawyers can explain, it all connects back to the 10th Amendment of the U.S. Constitution, which states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” From this amendment, the Supreme Court created the anti-commandeering doctrine, which declares the federal government cannot force states to enact certain laws, nor can it force them to enforce federal laws. You see, the 10th Amendment on its own does lend quite a bit of authority to the states, but in conjunction with Article VI, Paragraph 2 (otherwise known as the Supremacy Clause), the Constitution still would consider federal law above state law in hierarchy. Without the anti-commandeering doctrine in place, the full extent of state autonomy and authority remains a gray area.

By reaffirming the doctrine once again in this case, the court has bolstered states who choose not to align with federal law. This is particularly applicable to the 29 states that have legalized cannabis in the face of Controlled Substances Act, 21 U.S.C. Section 812, which labels marijuana a Schedule I narcotic. Not much changes for cannabis business owners, but it creates another layer of protection from hostile Attorney General Jeff Sessions, who has made his opinions on cannabis quite known as he has promised to do whatever he could to squash marijuana. Our attorneys know this is a victory, but there is still much work to be done. We can start by helping set up your marijuana business to be in compliance with state and local laws, while we keep a lookout on the national landscape for changing laws and relevant cases, like this one.

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:

Argument Preview: The 10th Amendment, Anti-commandeering and Sports Betting, Nov. 27, 2017, By Amy Howe, SCOTUS Blog

More Blog Entries:

Federal Budget Protects State Medical Marijuana Businesses, For Now, Feb. 14, 2018, Cannabis Law Group

demonstrate time and time again that they are not working with all of the facts, particularly when it comes to marijuana. Take Robert Patterson, chief of the Drug Enforcement Agency. He recently gave testimony during a hearing before the House Judiciary Committee on the opioid abuse crisis. The topic of medical marijuana came up frequently, yet Patterson was embarrassingly unprepared to discuss cannabis and its ability to help free people from opioid addictions. In fact, he didn’t seem to have much of a grasp on information about marijuana in general, according to a report Dispensaries.com.

The committee is rightfully concerned about opioids. According to the committee chairman during the hearing, almost a third of drug overdoses in the United States in 2016 were from synthetic opioids, at more than 20,000 deaths. He went on to say that in 2018 more than 2 million people will suffer from opioid addiction, whether obtained by prescription or illicit means. Studies and anecdotal evidence are growing that show cannabis is an effective replacement for opioid prescriptions and, therefore, ultimately could prevent overdoses. However, Patterson claimed to be unaware of these studies, a rather shocking statement for the top drug enforcement official in the country.Two important studies were released in March from JAMA Internal Medicine that showed opioid prescription rates were significantly lower in areas where adult-use marijuana was legalized by the state. Additional studies from Minnesota and New Mexico support these claims. This is a significant finding, considering about 40 percent of opioid deaths involve prescriptions. Given his willful ignorance on the studies, perhaps it should not be too surprising that Patterson would revert to tired, unfounded rhetoric about cannabis contributing to drug abuse, rather than the other way around. He even pointed to marijuana deaths, without any data to back up the claim.

When it comes to the over-incarceration of marijuana users, Patterson acknowledged that he had heard the numbers but said he didn’t see it for himself. This, again, is alarming considering the statistics are coming from the FBI, which should hold some credence to a federal official whether or not he sees it for himself.

Our Orange County medical marijuana lawyers are glad to hear Patterson state that marijuana users are not a priority for DEA. The agency is rightfully more concerned about opioids and other deadly drugs that are causing much turmoil in the country. However, this passive stance is not really doing the country any favors either. Of course states appreciate being given the space and freedom to do what they believe to be right. They are also being strangled, however, by the federal Schedule I classification of cannabis under Controlled Substances Act, 21 U.S.C. Section 812 in many ways, such as banking and transporting prescriptions to other states. This is not to mention the many arrests still being made every year connected to cannabis, 800,000 arrests in 2016 alone. Whether those arrests are connected to DEA or not in inconsequential to the people whose lives are being ruined by archaic laws. We expect the agency whose entire job is understanding drugs and enforcing regulations to have a stronger grasp on the facts or, at the very least, show a vague awareness of emerging research and data. That’s why our legal team is on top of federal, state, and local laws, the latest case findings, and the most recent studies. If our officials are not going to take the time to stay current on these important matters, it is up to our trusted marijuana attorneys to protect you and your rights.

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:

DEA Chief’s Congressional Testimony About Legal Marijuana Angered Some, Baffled Many, May 18, 2018, Dispensaries.com guest writer, Entrepreneur

More Blog Entries:

Marijuana as a Replacement for Opioids, Dec. 6, 2017, Medical Marijuana Lawyers Blog

marijuana for research: University of Mississippi. This is in spite of a 2016 decision to allow DEA to approve medical marijuana manufacturers for research purposes and dozens of applications to join the pool, according to a McClatchy article. But a bipartisan bill aims to break down some of the barriers currently standing in the way of necessary and groundbreaking research. HR-5634 would force an increase in the number of registered manufacturers producing cannabis “for legitimate research purposes.”

It also would lift restrictions on medical practitioners at the Department of Veteran Affairs, who as of now must follow federal law and are therefore not allowed to recommend cannabis to any of their patients. If passed, the bill would open the door to federally approved clinical trials for veterans seeking help through the VA. This is a crucial next step in the fight for medical marijuana legalization nationwide. Veterans have long reported relief for post-traumatic stress disorder symptoms through cannabis, but if they seek treatment through VA medical professionals, they cannot access medical marijuana, even if they live in one of the 29 states that have legalized medical use. Even Washington, D.C., has approved medical marijuana, despite being the epicenter of restricting marijuana nationwide.Our Orange County medical marijuana lawyers know the passage of this bill is necessary for two reasons. First is Controlled Substances Act, 21 U.S.C. Section 812, which classifies marijuana as a Schedule I narcotic. So long as this federal classification stands, Congress and state governments will have to keep creating convoluted workarounds to protect cannabis production, testing, and use. A Schedule I status means it has been determined that cannabis has no medical benefits and is actually harmful and susceptible to causing additions. This determination, however, is rooted in political posturing and propaganda. Which brings us to reason two this bill is so necessary: Attorney General Jeff Sessions. Sessions has used his revered and respected title to uphold and reinforce archaic and backward logic about cannabis. This mentality had infected other federal agencies, such as the DEA and the VA, making it more difficult for them to fully engage in the progress the rest of the country is enjoying.

The ideal solution would be to declassify or change the classification of marijuana to fully free the nation from the shackles of marijuana prohibition. However, until that is possible, lawmakers are using whatever power they have to advance the cause. HR-5634 was introduced by Matt Gaetz (R-Fla.) and co-sponsored by a collection of 30 Republicans and Democrats in the House. One of those representatives is Luis Correa (D-Calif.), who recently authored another bill (HR-5520) that would further VA’s involvement in cannabis by tasking the group to research medical marijuana and its effect on chronic pain and PTSD.

Those who try to position cannabis as a partisan issue are still playing in to the misinformation that has been spread in the past. Both parties want what is best for the people of this nation, and rational minds can clearly see that opening the doors to more research and clinical trials is the only way to the safe and productive future of cannabis in the United States. We welcome these legislators in joining pro-cannabis advocates like our legal team in the fight for medical marijuana and for your rights.

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:

Legislation to Explicitly Authorize the Veterans Administration to Facilitate Medical Marijuana Research, NORML

More Blog Entries:

Want to Honor Veterans? Access to Medical Marijuana a Good Start, April 13, 2018, Orange County Medical Marijuana Lawyers Blog

Since then, standards have relaxed considerably, particularly locally at the Los Angeles International Airport. However, it’s not necessarily the same at your destination spot, so it’s important to be informed about your rights and responsibilities.

Current policy for marijuana at LAX essentially follows California state law, according to a report from Los Angeles Times. If an adult passenger has less than an ounce on hand, airport police allow them through security. This is true even if the person is headed to a location where marijuana is illegal. Transportation Security Administration agents have bigger fish to fry, so they leave dealing with issues like nominal amounts of cannabis up to local airport law enforcement, who have mostly been passive.

Los Angeles Councilperson Mitch Englander would like to give more consideration to federal law by encouraging passengers to surrender their cannabis before going through security. He proposes adding an “amnesty box” at the airport, where marijuana can be deposited before a flight – no questions asked, no penalties.As our Los Angeles marijuana criminal defense defense lawyers can explain, Englander’s primary concern is marijuana’s classification as a Schedule I narcotic according to the Controlled Substances Act, 21 U.S.C. Section 812. A Schedule I classification means the federal government has determined cannabis has no medical benefit, is harmful and addictive. But 29 states and a growing mountain of evidence has concluded otherwise. Those states have passed laws that oppose the federal classification by legalizing medical marijuana. Eights of those, including California, approved recreational use of marijuana.

However, transportation of cannabis across state lines is still against the law – even if it’s legal in your destination state. It is also illegal to have as a carry-on or in luggage since an airplane falls under federal rule.

Some airports in states where cannabis is legal have banned marijuana to remain consistent with federal law. McCarran International Airport in Las Vegas, for example, has amnesty boxes for travelers to rid themselves of their stash before boarding a flight. Police request and confiscate marijuana directly from passengers at Denver International Airport without amnesty boxes, but no one is punished for having it on the premises.

It seems unnecessary, however, to take such measures when Los Angeles airport police seem disinterested in enforcing any laws beyond those in the immediate vicinity. In fact, security officials at LAX seem more concerned about larger security risks. Lockers and receptacles, similar to the amnesty boxes, were removed from the airport after the Sept. 11 attacks, as they were an easy place to potentially hide explosives. Furthermore, using our valuable security resources to monitor something that poses no immediate threat is a waste, especially when there are more serious issues they must attend to.

We hope to see law enforcement continue to focus on criminals who pose a danger to society and others. For Los Angeles residents who do find themselves in trouble for a marijuana-related offense, our attorneys are on the ready to help defend you and your rights.

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:

Legal Marijuana Ends at Airport Security, Even if It’s Rarely Stopped, April 10, 2017, By Julie Weed, New York Times

More Blog Entries:

Report: Oregon Airport Allows Carry-On Cannabis, July 22, 2015, Cannabis Law Group

politicians at the federal level are starting to wise up and take this issue seriously as well. Senate Minority Leader Chuck Schumer (D-New York) is introducing a bill to remove marijuana from the list of Schedule I narcotics as part of Controlled Substances Act, 21 U.S.C. Section 812. He said he also wants to leverage this issue as a way to bolster women and minority cannabis business owners.

Politicians have been slow to take a stance in favor of cannabis, even though most of us know it can be a life-changing, medically useful drug. Some have supported passive measures here and there trying to give states some freedom without themselves taking a stand. For example, the Rohrenbacher-Blumenauer Amendment, which has to be renewed annually by Congress into the spending bill, prevents the Department of Justice from using federal funds to seek action against medical marijuana activity that has been legalized in that state. Some have tried to inaccurately portray cannabis as a partisan liberal issue, but even democrats have been shy to give full support. However, as The Washington Post reported, Sen. Schumer has acknowledged that the American people have evolved on this issue and it’s time for a big change.

As our trusted Riverside cannabis business attorneys can explain, by removing the Schedule I status, the federal government would not be legalizing marijuana per say. That would require Congress to create and pass regulations and rules for how the cannabis industry would function nationwide. Rather by removing it from the list, marijuana becomes decriminalized and whatever laws are established by each state would become the highest authority unless Congress takes further action. It would also acknowledge that marijuana has no business being classified Schedule I, a designation given to drugs that have no medical benefits, are addictive, and are harmful. Examples of other drugs on this list are heroin and LSD. Removing this classification would also open the doors to much needed funding for medical marijuana testing and research, that previously has been restricted.

It is to be expected that there would still be some fringe people who would still be clinging to archaic ideas about marijuana. After all, the rampant anti-marijuana propaganda of the past century was pretty powerful and is difficult to deprogram from the American psyche. But it is unconscionable that those politicians who know the evidence and science would continue to stand by and allow so many constituents to be branded as criminals in the eyes of the Department of Justice. Attorney General Jeff Sessions is one of the people more persuaded by propaganda than evidence on this issue and has vowed to enforce marijuana’s Schedule I status. This is why declassification is more important now than with the past administration, whose DOJ was more sympathetic on the matter.

It’s remarkable to look around at how far we’ve come since 1996 when California was the first state to pass medical marijuana protections with Proposition 215. Now there are now 29 states as well as the District of Columbia that have legalized medical marijuana. Of those states, eight also allow recreational use. That means the majority of people in this country live where marijuana has been legalized by the state. Our attorneys support federal declassification of marijuana as a vital step in the protections of the rights of patients and responsible recreational users in California.

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:

On 4/20, Chuck Schumer to Introduce Bill to Decriminalize Marijuana, April 20, 2018, By April Davis, NPR

More Blog Entries:

Medical Marijuana Advocates Take Aim at Goliath Department of Justice in Court, Feb. 17, 2018, Cannabis Law Group

data than ever on its potential uses and benefits. With the stigma dissipating and access increased, people are more freely sharing their personal stories surrounding this life-changing plant. These anecdotes are important evidence in the fight to legalize marijuana nationwide.

A recent survey conducted by Sleep Cycle, an app designed to track your sleep cycle, has found that 14 percent of respondents used marijuana to help them sleep, according to Herb. The company surveyed about 1,000 of its application users on what methods they used to help them gets to sleep. Tea topped the list at 21 percent, melatonin came in second with 15 percent, and cannabis tied with milk and cookies at 14 percent.It should be noted that prescribed sleeping pills rested at the bottom of the list at 9 percent, an indication that people are eager for more natural remedies to their sleeping disorders, insomnia, or general sleep troubles. While tea certainly can do the trick, there is growing evidence marijuana can dig into more serious sleeping issues.

Some research has found the effects of cannabis on sleep to be two-fold. Cannabidiol (CBD) can have a soothing, therapeutic affect. Tetrahydrocannabidinol (THC) is reported to reduce REM sleep, thereby reducing the dream cycle. This is said to have significant benefits for those suffering from post-traumatic stress disorder as many may relive past traumas during nightmares.

Our skilled medical marijuana attorneys in Orange County know legalization at the federal level is critical not only to give more people access to the benefits of cannabis, but also to open the door to more comprehensive medical testing. The effectiveness of marijuana on certain sleep disorders is dependent on strain, balance of CBD to THC, and dosage. Doctors, however, are restrained by limited data on such matters as a result of Controlled Substances Act, 21 U.S.C. Section 812. Under this act, marijuana is classified as a Schedule I narcotic, putting it in a class of drugs considered to have no medical benefits, and therefore making medical marijuana testing prohibited at the federal level. Much of the information our doctors know is from foreign studies or their own direct work with patients. All the evidence is there to declassify marijuana if our representatives can put aside archaic ideology and political posturing.

We’re fortunate here in California to have more than 20 years of medical marijuana legalization, making our doctors some of the most experienced in the country when it comes to serving patients. Our team of lawyers also have amassed years of experience in this field and will use it to protect patients and the medical marijuana doctors and dispensaries that serve them. We hope the day comes soon when people all across the country will have the freedom to choose marijuana for PTSD or pain management or recreational use or for a good night’s sleep. Until that day comes, and beyond, you can rest easy knowing we are here fighting for you and your rights.

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:

Can You Use Cannabis to Restore Your Natural Sleep Cycle?, Feb. 20, 2018, By Sian Ferguson, Healthline

More Blog Entries:

Banker Seeks Promotion of Cannabis as New Chamomile, Feb. 24, 2017, Medical Marijuana Attorneys Blog

marijuana stance of U.S. Attorney General Jeff Sessions. That uncertainty remains, but there is some evidence we could be seeing some positive shifts on the horizon.

Well-known marijuana advocate Sen. Cory Gardner (R-Colorado) recently had a conversation in which President Trump agreed to support Congressional protections of states with legalized cannabis, according to The Washington Post. This comes after Sen. Gardner had been taking advantage of the narrow party margin in the U.S. Senate to block nominees for the Justice Department. The senator agreed to start approving nominees in exchange for the president’s support.But before anyone starts busting out the party bongs in celebration, our trusted Orange County marijuana business lawyers must remind Californians that this is not the first time Trump has said he would hold back interference with states that had pro-marijuana laws on the books. In fact, it was something he touted during his campaign, something that made states hopeful that provisions put in place during the Obama administration would remain regardless of the outcome of the election. This is why it was so confounding that Trump would appoint someone to the position of attorney general who not only disapproved of marijuana, but who had extreme, very public views on the issue and made promises to use his power to drag the country back into total prohibition.

Since his time as attorney general, Jeff Sessions has used his platform to perpetuate propaganda about cannabis, hiding behind the guise of upholding the law. Marijuana is a Schedule I narcotic under the Controlled Substances Act, 21 U.S.C. Section 812. Schedule I is the classification given to drugs that have no medical benefits, are addictive, and considered unsafe even with medical supervision. Because there is absolutely no evidence that any of these metrics apply to marijuana, Sessions hides behind the law itself as proof that cannabis is bad. Because of the power of this classification, federal organizations are not allowed to run official tests that would prove what we already know: that marijuana is not addictive, it’s medically beneficial, and safe under the proper regulations.

Sessions also took a more concrete stance against pot by rescinding a memorandum known as the Cole Memo, a guidance issued during the Obama administration which directed federal enforcement officials to not use limited resources on marijuana-related activity that was legal within a given state. Their efforts instead should remain focused on the most serious issues that remained illegal even within pro-pot states, such as distribution to minors, drugged driving, gun violence in the industry, and transporting to states where cannabis use is not protected.

However, Congress was able to pass a spending bill which renewed protections that prevented the Justice Department from using federal funds to go after activity related to medical marijuana use in states where it is legal. The president signed this spending bill, a small bit of evidence that his promise to Gardner might be more than just talk.

This, along with recent news that John Boehner, a republican and former speaker of the house, has joined a marijuana company advisory board, could mean that politicians are waking up to the fact that cannabis is not a partisan issue. It’s support is broad and spans across political parties. It’s time for those in power to finally represent their constituents on this matter.

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:

Boehner and Trump and Cannabis, Oh My! Big Changes Coming to Legal Marijuana, April 13, 2018, By Julie Weed, Forbes

More Blog Entries:

Sessions Intends to Crackdown on Medical Marijuana Where It Is Legal, Dec. 10, 2017, Cannabis Law Group

politicians on both sides of the aisle can agree on these days, particularly medical marijuana. It’s a time when cannabis is poised to go mainstream and become an accepted medical resource, cultural norm, and economic powerhouse. Yet, since the current administration entered Washington, D.C. and Jeff Sessions was asked to helm the Justice Department, the industry has faced uncertainty and instability.

That’s why states that strongly support marijuana legalization, including California, have requested a meeting with Sessions with the goal reconcile the stark contrast between state law and federal law, according to the Associated Press. The state treasurer from California was joined by Pennsylvania, Oregon, and Illinois in crafting a letter to open dialogue with Sessions about what banks and marijuana businesses can expect from the federal government in terms of enforcement moving forward. As our skilled lawyers can explain, the federal government is holding firm to marijuana’s Schedule I classification as part of the Controlled Substances Act, 21 U.S.C. Section 812. To receive this classification, a substance must not demonstrate medical benefits, be considered unsafe, and have a high potential for abuse. To make these claims about cannabis is absurd, and frankly, Sessions is standing on the wrong side of history on this one.

Most people agree, as evidenced by polls and votes reflecting rising swell of public support for legalization and decriminalization. Some form of cannabis is legal in 29 states, plus Washington, D.C., with many more considering ballot initiatives. To treat a majority of the states as criminals is absolutely preposterous and at least warrants a sincere and thorough examination of the biased and unscientific measures that led us down the path of pot prohibition in the first place.

Study after study has come out showing positive connections with cannabis and medical treatments, including cancer, anxiety, chronic pain, and glaucoma to name just few. To claim there is no effective treatment is an outright lie and a disservice to the thousands upon thousands of Americans who seek relief from medical marijuana.

Even Congress seems to be on the side of marijuana advocates, extending the bipartisan Rohrabacher-Blumenauer amendment in a federal spending bill that restricts the Justice Department’s ability to use federal funds to go after state-sanctioned medical marijuana operations. However, the department has already lifted Obama-era protections that also covered recreational operations, which partially prompted the letter. Without decisive action from Congress, these businesses have been left vulnerable.

Our experienced Los Angeles marijuana business attorneys know that even with these protections, the Schedule I classification is tying the hands of banks, who must answer to federal restrictions, from being able to work with cannabis businesses. They cannot knowingly manage accounts tied to “criminal activity.” The real crime is how these honest business owners are being treated when all evidence is contrary to the stubbornly held beliefs of a select few at the top. That is why we fight so hard for cannabis patients, marijuana business owners, and all of those who seek to enjoy marijuana in a safe and responsible way.

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:

States Where Marijuana is Legal Want Jeff Sessions to Reconsider His War on Weed, March 30, 2018, By Greg Price, Newsweek

More Blog Entries:

Federal Budget Protects State Medical Marijuana Businesses, For Now, Feb. 14, 2018. Los Angeles Marijuana Legalization Attorneys Blog