medical marijuana California - Cannabis Law Group

Medical Cannabis Now Legal in California Health Care Facilities

Cannabis Law Group — Tue, 05 Oct 2021 13:37:13 GMT

California hospital facilities will be allowed to use medical cannabis for terminally ill patients. Gov. Gavin Newsom signed into law the Compassionate Access to Medical Cannabis Act, or Ryan’s Law – remarkable for the fact that he vetoed a similar measure in 2019 due to conflict with federal law. At the time, Newsom said he supported the measure but couldn’t sign into law because of the conflict with federal and state law. Now, he says federal officials have indicated that they aren’t taking a strong stance against the use of medical cannabis in hospitals.

Cannabis remains illegal at the federal level, continuing to be one of the greatest sticking points for California marijuana companies. It is one our Los Angeles cannabis business attorneys expect to see changed sometime in the next few years.

As it stands, 36 states plus the District of Columbia have legalized marijuana for medical and recreational uses. Industry researchers report that last year, sales of legal cannabis climbed 45 percent. It’s estimated they’ll reach $41 billion in the next five years. Yet those who might most benefit from its use in the twilight of their lives have been denied due to the federal law that criminalizes marijuana and casts it in the same category of methamphetamine and heroin – highly addictive narcotics with no recognized medical purpose.

Clearly, that definition is outdated. Medical cannabis has been legal in California since 1996. Recreational use was approved by voters in 2016. Now, Senate Bill 311 is one step closer to turning the tide entirely.

While allowing cannabis to be administered by health care workers, it specifically prohibits vaping and smoking inside health care facilities. Supporters expect it will be administered mostly in pill form.

As for the hospitals and other health care centers, some have indicated support, saying the use of medical cannabis fits neatly into the pain management regimens they’ve been prescribing for terminally ill patients for years. Other facilities released canned statements of neutrality. The California Hospital Association, however, outright opposed the bill in letters to the governor before he signed it. Their reticence is mostly due to the official discrepancy between state and federal law where marijuana is concerned. The worry is that failure to comply with the strict letter of the law could jeopardize hospitals’ reimbursement from the Medicare and Medicaid programs, as well as federal contracts and grants.

Supportive lawmakers, asked whether they are worried the federal government would crack down on illegal cannabis administration in hospitals, said it is a possibility, but a very remote one. Our Los Angeles marijuana lawyers understand that there have been some facilities in the past that “made space for” terminally ill patients who were using cannabis, without directly endorsing or administering it. This law will grant those facilities more legal leeway. We expect cannabis use in health care facilities will be centered heavily in hospice centers. Although it’s expected there will be little, if any, backlash from federal authorities, we do recommend health care facilities considering onboarding cannabis treatments to patients to work with a civil attorney with years of practice in California medical marijuana law. 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: Senate Bill No. 311, Approved Sept. 28, 2021, California Legislature

California Allows Cannabis Donations to Qualified Medical Patients & Caregivers

Cannabis Law Group — Fri, 13 Mar 2020 13:55:37 GMT

As of March 1, 2020, California has allowed qualified medical marijuana patients and primary caregivers to receive free cannabis, donated by retailers. This welcomed update arose after the passing of Senate Bill 34, which is also responsible for exempting donated cannabis items from cultivation, sales and use, and excise taxes.

The bill states licensed growers, distributors, manufacturers, retailers and micro-businesses may allocate any already available inventory of cannabis and related marijuana products, for donation. Products set aside for donation can only be given by licensed retailers either directly to a medical patient, or to their primary caregiver.

Donation Requirements Our Los Angeles marijuana attorneys note that all cannabis and related products allocated for donation, are required to meet state marijuana regulations and provisions outlined in MAUCRSA. Those include:

All donated marijuana products must travel within the licensed supply chain and meet all requirements surrounding cultivation, laboratory testing, distributing, manufacturing, and labeling and packaging, etc.
Cannabis products that fail to meet regulatory testing and compliance standards are not permitted for donation.
Donated marijuana products may only be made to qualified medicinal patients, and may only be donated by licensees permitted for retail sales, or non-profit organizations working directly with such licensed retailers.

Additionally, any licensee allocating items for donation must record each allocation within the Track-and-Trace system, as well as on sales receipts and invoices. Once a donation designation has been made, it cannot be changed. Any licensee that does try to change a donation allocation will have to pay sales and use taxes, and may also suffer disciplinary action. Manufacturers wishing to donate cannabis products must also label products “FOR MEDICINAL USE ONLY.”

Retailer Requirements Section 11362.7 of the Health and Safety Code states that retailers can only donate cannabis and related products to medical marijuana patients, or their primary caregivers, who possess a valid medical marijuana ID card, or recommendation from an attending physician.

Should a medicinal patient not hold a valid ID card, before donating any marijuana, the retailer must first:

Verify the attending physician recommending the medical marijuana therapy is licensed, and in good standing, to practice osteopathy or medicine within the state of California. This must be verified with:
- The Medical Board of California;
- The Osteopathic Medical Board of California; and
- The California Board of Podiatric Medicine.
Take a copy of a government issued identification for the patient or primary caregiver; and
Provide a written certificate stating the retailer has verified a physician’s medicinal marijuana recommendation, accordingly.

Daily Purchase and Possession Limits The Bureau of Cannabis Control (BCC) has clearly outlined daily purchase (Section 5409) and possession limits (Section 11362.77) within the Health and Safety Code. It is important to note that these limits still apply, both to patients and caregivers who may be receiving, or carrying, donated medicinal marijuana.

Implications Making marijuana donations to medical patients, and their caregivers, shows the industry’s compassion for those most in need. Offering cannabis business owners and operators tax incentives to get on board also helps to sweeten the act of donating. What will be interesting to watch is whether it will prove too cumbersome for retailers to jump through the hoops needed to get sign off to donate to those without a valid medical marijuana ID card, or whether they will do so gladly. 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: Senate Bill 34 The Medical and Adult-Use Cannabis Regulation and Safety Act Bureau of Cannabis Control – Health & Safety Code

California Declares Marijuana Smoke and THC a Risk to Pregnant Women

Cannabis Law Group — Tue, 10 Dec 2019 19:21:02 GMT

A panel in California has declared that marijuana smoke and THC – the chemical within the drug responsible for producing the ‘high’ – pose a risk to women who are pregnant, as well as to their unborn babies. The move will require all legal cannabis products sold in California to carry warning labels, though changes will not begin for a year.

Scientists made up the nine-member panel, which formed the Development and Reproductive Toxicant Identification Committee, who considered the accuracy and reliability of a number of detailed research studies that investigated the effects of marijuana on people, fish, mice and rats.

If you need legal advice for your cannabis business, our Southern California marijuana business lawyers can help.

Surgeon General Says Cannabis Use While Pregnant is Dangerous Back in August, the U.S. Surgeon General warned of the dangers associated with smoking marijuana by pregnant women and the effects it can have on their growing fetuses. Studies suggest cannabis use while pregnant may cause a number of health problems, low birth weight or premature birth, however most of those studies looked at animals, or their findings are still being disputed.

Panel’s Decision After hours of deliberation, the final decision was made, and the Californian panel was satisfied that evidence to support the move to require warning labels, was sufficient. That outcome has been met with concern from the state’s legal marijuana industry, as some study designs that were reviewed, have their flaws.

Study Design Flaws Shortcomings among those studies include:

looking only at women who smoked marijuana, but not those using cannabis via other methods, like edibles, topical lotions or vapes;
ambiguity surrounding the frequency of a mother’s cannabis use during pregnancy;
failing to note whether marijuana and tobacco were used together; or
basing results solely on participant self-reporting.

Each of these study design flaws alone could skew results, which is why Californian cannabis advocacy groups are alarmed, calling the validity of the study body results into question.

Proposition 65 The review of studies took place under the scope of the Safe Drinking Water and Toxic Enforcement Act, also known as Proposition 65, at a time when surveys have shown an increase in the number of expectant mothers choosing marijuana products to help relieve morning sickness and headaches.

Proposition 65 states that warning labels are required on all products containing chemicals deemed hazardous, and permits attorneys, advocacy groups and residents to sue on the state’s behalf, as well as collect civil penalties if such warnings are shown to be missing. This is obviously another point of concern for marijuana companies throughout the state.

Lack of Scientific Evidence While no scientific evidence exists to prove that cannabis is effective in treating the discomforts associated with pregnancy, the California Cannabis Industry Association (CCIA) rightly notes that research sanctioned by government agencies has long been blocked, as marijuana is still federally listed as an illegal drug.

To help remedy this lack of evidence, the National Institute on Drug Abuse is currently funding several studies examining cannabis effects on mothers-to-be.

Legal Implications The panel’s ruling raises legitimate concerns over the potential impact on California’s legal marijuana marketplace.

Industry officials note that very little sound research has been conducted or warrants a move. Fears are growing too that lawyers could easily target cannabis companies with loose claims of harm caused by marijuana use among pregnant women.

With time, we can expect to see packaging updates enforced, to include appropriate warning labels addressing this increased risk to pregnant women. Though that undertaking will likely first require a number of steps directed by the agencies currently overseeing cannabis regulation and its packaging.

In any case, time will tell just what kind of an impact this change will have on California’s young cannabis industry.

About Cannabis Law Group The Los Angeles CANNABIS LAW Group represents growers, dispensaries, ancillary companies, patients and those facing criminal marijuana charges. Call us at 949-375-4734. Additional Resources: Proposition 65 – The Safe Drinking Water and Toxic Enforcement Act

U.S. Bill Would Allow Medical Marijuana for U.S. Military

Cannabis Law Group — Fri, 15 Feb 2019 15:35:59 GMT

Medical marijuana has long been known to be effective in treating conditions like anxiety, post-traumatic stress disorder and chronic pain. Yet the U.S. military has long taken a hard-line stance against marijuana, a position solidified during the Vietnam War as reports blasted on the evening news indicated that half of all soldiers deployed were regularly using marijuana. A study by the Pentagon later revealed the actual figure was closer to 70 percent. This, along with the crash of an aircraft carrier by soldiers later found to have marijuana in their systems led to a zero tolerance policy.

This has led to all sorts of injustices. Historically, it’s been military policy to exclude from entrance any individual who previously used marijuana as a civilian. In recent years, waivers for “past misconduct” have risen, and are expected to continue rising. Just last year, for instance, the Military Times reported a Vietnam War veteran and head of a military school in Florida was terminated for using medical marijuana extract to treat cancer.

Now, Congressional leaders have filed twin bills in the House and Senate to change federal law that would allow U.S. veterans who abide by state medical marijuana laws to avoid federal intervention and would allow doctors with the Department of Veterans Affairs to issue medical marijuana recommendations to their patients. The Veterans Medical Marijuana Safe Harbor Act, sponsored by U.S. Senate Democrats from California and Hawaii, notes that the drug is legal in 33 states and that medical marijuana can be used to treat chronic pain without the use of dangerous and highly addictive opiates. The sponsor of the House version of the bill said in a statement, “it’s past time to end the anti-science, anti-health cannabis prohibition laws that prevent veterans from accessing health care.”

Our Los Angeles medical marijuana lawyers also believe that veterans and their doctors should be allowed to make health care decisions that are informed – without political interference.

This legislation, if passed, would also require the VA to initiate a study of the impact of medical marijuana on veterans suffering from pain, and the relationship between treatment programs involving medical marijuana to treat the chronic pain of veterans in states where it’s legal, how many veterans have access to those programs The proposal would allocate $15 million to support this research.

These measures are virtually identical to the legislation proposed last year in the Senate, but this year, it adds protection for medical marijuana policies of Native American tribes as well as in states where the drug is legal.

Sponsors note that states like California that allow medical marijuana have nearly 25 percent fewer opiod overdoses compared to those states with tight restrictions that do not allow medical marijuana. The provisions in the law that would shield veteran patients and their physicians would sunset after a period of five years, after which it would require renewal.

As longtime Los Angeles medical marijuana attorneys, we know veterans have increasingly been turning to marijuana as medicine to treat some of the conditions most common among combat soldiers.

Republican-controlled House and Senate majorities in recent years have blocked legislation that would lift or at least loosen federal restrictions on marijuana, considered a Schedule I narcotic under the Controlled Substances Act. Increasing evidence indicates overwhelming support for medical marijuana at all ends of the political spectrum.

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

Additional Resources:

Lawmakers File Bills To Legalize Medical Marijuana For Military Veterans, Feb. 13, 2019, By Tom Angell, Marijuana Moment

More Blog Entries:

Cannabis Copyright in California: Protecting Your Budding Brand, Feb. 12, 2019, California Veterans Marijuana Attorney Blog