The mother of the epileptic girl testified that she believes her daughter should be permitted to use medical marijuana. Based on prior experience, cannabis oil has previously alleviated and helped to curb her daughter’s seizures. Like many states where marijuana has not yet been legalized for medical use, parents and patients are becoming impatient with legislators who are resistant to changing state laws.

Cannabis oil is derived from marijuana plants and can be consumed orally from a syringe. For parents with children who suffer from epilepsy, getting accessing to the drug is critical. Many families have gone before state legislators hoping to expand drug laws. The current movement in Virginia resulted in the girl testifying and even having a seizure before the lawmakers. According to reports, she suffers from Dravet Syndrome and had 1,200 seizures in 2014, up by 400 since 2013. For those who witnessed the seizure, the event made it more real and compelling for those determining whether the girl should be able to participate in a marijuana study.

The family was joined by additional families seeking legislative action to help them gain access to medical marijuana for their children. Some families were able to experiment with medical marijuana in other states, but now they are back in Virginia they are not able to use the same treatment. One teen even said that she would be able to improve in school, get off her prescription medication, and improve her overall quality of life if she were able to use medicinal marijuana. Despite the anecdotes and personal experiences as testimony of the benefits of pot, many lawmakers are still skeptical.

Some claim that there is no research to back up cannabis oil. Others say that legalizing a drug that Congress still classifies as a Schedule 1 drug is risky. Still, many parents of child-epilepsy patients have been frustrated by the slow or stunted access to marijuana treatments, especially in states where cannabis has not been legalized for medical use. Some are just waiting around for their states to change the laws. Others are genuinely considering a move out of state so that they can give their children access to medical marijuana. Fortunately, medical marijuana is available and legal in California. Our Orange County medical marijuana attorneys are dedicated to protecting the rights of individuals and dispensary owners. We will inform you of your rights and obligations as well as protect you in the event of a criminal investigation or charge.

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

More Blog Entries: First Tribal Grow Operation in Northern California, January 7, 2015, Los Angeles Marijuana Lawyer Blog United States Marijuana Laws Influencing Other Countries, February 14, 2014, Los Angeles Marijuana Lawyer Blog

Normal business owners will be responsible for paying state and federal income taxes, wage taxes and other expenses related to business operation. For those in the marijuana industry, filing taxes on your business means admitting to the federal government that you are committing a crime. Some have taken on this issue by filing a complaint alleging that even paying state taxes amounts to a violation of the 5th Amendment. The lawsuit challenges the taxes by claiming that you have the right not to incriminate yourself.

Given the ever-contentious legal landscape of marijuana regulations, what are law-abiding tax payers supposed to do? States are greedy to get their hands on the potentially lucrative cash crop of marijuana, along with the IRS. Under the federal tax code, even profits made from a criminal enterprise must be reported as income.

This means legal medical marijuana businesses have to confront significant tax issues under federal law. If they do not report their business and profits, they could be slapped with crimes related to tax evasion. If they do report, they could face significant tax burdens, as well as face potential criminal liability. According to the IRS, they have no choice but to enforce the tax code, meaning that even legal dispensaries will be denied deductions as marijuana is considered a controlled substance.

According to a recent Forbes’ blog from a tax experts, dispensary owners could deduct their expenses from another business, separate from a marijuana enterprise. For example, the owner could create another kind of business, deduct from that and only claim a certain percentage of income from marijuana expenses. All business owners must keep detailed records in the event of an audit, and as tax accountants and marijuana business owners know, there is only so much you can fib with tax filing.

The IRS has issued its own guidelines on how marijuana dispensary owners should proceed. Under the IRS guidance, filers get to determine the cost of goods sold. While it prohibits deductions on marijuana, it does not prohibit deductions on the cost of goods sold. Marijuana businesses have the incentive to capitalize on costs rather than claim an immediate deduction. The IRS is left to determine the difference between the costs that are part of selling the drugs, yet wages, rents and repairs can all be deducted as part of the “cost of goods sold.”

For the sake of easing complicated audits and difficulties in filing, many distributors, legislators, and other marijuana activists are anxiously awaiting the Marijuana Tax Equity Act, which would put an end to the federal prohibition of marijuana and allow for more transparency in state and federal filing. Our Orange County marijuana attorneys can help assist with compliance, tax issues, and other complications of marijuana law in California.

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

More Blog Entries: D.C. Decriminalizes Marijuana, Federal Land Raises Legal Complications, July 16, 2014 Los Angeles Marijuana Lawyer Blog United States Marijuana Laws Influencing Other Countries, February 14, 2014, Los Angeles Marijuana Lawyer Blog

According to the Associated Press, poison-control centers in Washington and Colorado have seen a spike in the number of calls related to marijuana. The rise is also significant in comparison to other states who have not legalized marijuana and marijuana products for recreational use.

One of the greatest concerns for public health officials is the increase in poison calls involving injury to young children.

The uptick in calls may not have as much to do with more injury risks, but rather, legalization has made parents and caretakers more likely to call in when there is a risk of harm. While there could be an increase in access to marijuana products, including edibles, some say that the spike in poison control calls has more to do with an ease in contacting authorities regarding marijuana.

According to data presented before the Colorado legislature, the Rocky Mountain Poison and Drug Center received 151 calls related to exposure in 2014. The number of calls was up from 88 in 2012, raising concerns for a number of public health professionals.

Washington State also saw an increase in calls since pot was legalized for recreational use. According to the Washington Poison Center, there were 158 calls in 2013 and 246 in 2014. The primary issue for public health experts is the potential risk of exposure for children who accidentally ingest marijuana edibles. The number of calls involving children doubled in both Washington and Colorado.

While advocates posit pot plants are safe because they are natural, doctors and other public health officials are warning officials, parents and children that marijuana is still a drug. Parents should take care not to leave pot or edibles laying around the house, the same way that they should keep prescription drugs out of the reach of children. In the State of Washington, most of the poison control calls resulted in a hospital or emergency room visit. While most were released immediately after an evaluation, ten were admitted to intensive care units. Of those who needed additional treatment, over half were under the age of 20.

For children who are exposed to marijuana, the evaluation and treatment process can be potentially painful and severe. Usually they are required to take blood tests and some will need spinal taps. In the event that parents don’t know that marijuana was ingested, the children will often be tested for other infectious diseases, including meningitis or other dangerous medical conditions. Pot calls have been on the rise in Washington since marijuana was legalized for medical use. In Colorado, there have also been calls involving the combination of marijuana with other drugs.

Marijuana exposure could be a health hazard, especially involving edibles, overdose, and children. If you are a legal medical marijuana card holder, it is important to know the risks of ingestion and exposure. Parents should also take care to make sure marijuana is out of the hands of teens and children. Our Orange County medical marijuana attorneys are committed to raising awareness to ensure safety throughout the state of California. We are also dedicated to protecting the rights of individual users and dispensary owners.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734. More Blog Entries: D.C. Decriminalizes Marijuana, Federal Land Raises Legal Complications, July 16, 2014 Los Angeles Marijuana Lawyer Blog United States Marijuana Laws Influencing Other Countries, February 14, 2014, Los Angeles Marijuana Lawyer Blog

Under Washington State licensing laws, only 60 marijuana licenses have been granted and not all of them have opened up for business. According to industry insiders, the marijuana business is tough because state laws make it challenging to grow and distribute to proper channels. In short, the legal supply is low, keeping much of the trade in the black market to avoid paying taxes. Our Orange County marijuana law attorneys are abreast of developments in the marijuana industry throughout California and nationwide. We are abreast of changes in regulations and developments in the marijuana business.

Some pot shop owners have found it difficult to keep legal pot on the shelves. One store owner flies a flag to signal when he has anything for sale. Available options for pot enthusiasts are not great, especially when they are taxed so heavily. In Washington, shops offer limited options and varieties at high prices, where in Colorado, retailers can sell high quality strains at much lower rates. Shop owners may also offer edibles, including pot brownies or candies, however, this is not always the preferred form of use for sophisticated pot users.

Though Washington has legalized recreational pot, it seems that the differences in state regulations have made accessing the drug more complicated than in Colorado. Sellers in Washington are competing to keep their stores stocked, even with the limited number of legal dispensaries. While downtown Seattle may not have significant options for those seeking to purchase marijuana, other cities, including Bellingham 90 miles north have had an easier time. Pot shop owners in Bellingham have been able to stock their stores by making connections with the local growing community.

The short supply of pot and the lack of pot stores highlight two of the differences between Colorado and Washington. Other differences have also made the sale of recreational marijuana more challenging. Unlike in Colorado, every participant in the marijuana industry chain of sale must be licensed. From farmers to processors to retailers, each business must have a retailer. Retailers cannot grow marijuana and cannot package without a separate license. All of these individual participants must also steer clear from the medical marijuana industry which is less regulated. In Colorado, retailers are allowed to have growing and processing operations and can serve both recreational and medical marijuana users.

Washington also has stricter standards for contamination testing which has caused a delay in pot sales. Despite legalization, many of Washington’s pot consumers continue to access weed on the black market.

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

More Blog Entries: Budding Industry for Labs Testing Marijuana, December 27, 2013, Los Angeles Marijuana Lawyer Blog A Pursuit, a Car Crash, and an Exposed Grow Operation, August 31, 2014, Los Angeles Marijuana Lawyer Blog

Colorado made the recreational use of marijuana legal at the end of 2012. Since 2001, the state has allowed medical use of marijuana with a prescription. Despite warnings from legalization opponents, the use of marijuana among high school students dropped since 2011. The survey indicated that in 2013, only 37% of students reported trying marijuana, down from 39% in 2011. Though the drop is not significant, it demonstrates a general decline in use. Our Orange County marijuana dispensary attorneys are abreast of changes in state and federal marijuana law. In addition to providing legal counsel, we are also aware of changing marijuana policies and impact on communities in California and nationwide.

While competing theories remain on the medical benefits of marijuana, there are similar studies of the potential dangers of marijuana use among youth. According to a recent study conducted by the University of Wisconsin-Milwaukee, increased use of marijuana, especially among teens, has been linked to cognitive problems later on, including poor attention span and slow processing speed. The study was conducted over the last 15 years and tracked the developmental progress of teens who were using marijuana regularly. Regardless of whether supporters of marijuana agree, parents have their own reasons for wanting to keep marijuana away from teens.

Interestingly, trends in Colorado show that legalization has not led to an increase in use among the underage demographic. According to the report, the percentage of those teens who used marijuana fell from 22% to 20% after legalization. The studies indicate that despite the legalization of recreational use, including home cultivation and sharing between adult users after 2012, the policy shift does not seem to show a rise in use among teens.

Colorado has conducted its own survey, but the Center for Disease Control also collects data for its own analysis. The CDC reports also do not show a trend that indicates more underage consumption. Stats also show traffic fatalities have generally declined since recreational use became legalized. Since levels peaked in 2002, the number of fatalities has dropped by one-third. The Colorado Department of Transportation reports that fatalities were down since the same time the previous year. The short analysis is that the legalization of marijuana does not show an increase in underage use or a spike in accidents. Some argue that legalization could make the roads safer as it is an alternative to alcohol use and drunk driving. There were downward trends in both areas nationwide, but Colorado’s decrease was more pronounced.

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

More Blog Entries: Getting Started in the Medical Marijuana Industry, May 15, 2014, Los Angeles Marijuana Lawyer Blog United States Marijuana Laws Influencing Other Countries, February 14, 2014, Los Angeles Marijuana Lawyer Blog

Taking the U.S. interstate and carrying marijuana can be a huge risk, given the varying degrees of legality, enforcement and penalties by state. Our Orange County marijuana law attorneys are dedicated to protecting the rights of our clients. In addition to providing strategic criminal defense, we also help marijuana distributors and other proprietors protect their rights and ensure compliance with California marijuana law. Our attorneys are abreast of the evolving marijuana market and the trends in marijuana law that could prevent charges or expose users and distributors to liability.

Even when a marijuana card holder can carry and possess the product in a home state, bringing the product, even with a card, can be dangerous and result in criminal liability. According to a Bloomberg report, a California marijuana card holder was pulled over in Oklahoma. After presenting his marijuana card and admitting to carrying marijuana, he was charged with felony possession and could face decades in prison. Even though the possession of recreational use marijuana is legal in Washington and Colorado, and medicinal marijuana is legal in 23 states, half the country still criminalizes marijuana use, possession and distribution.

For motorists who need to use the interstate, marijuana laws can be complicated and leave drivers vulnerable to liability. Many of these challenges may result in a U.S. Supreme Court case, but the current legal system leaves any traveler crossing state lines exposed to criminal liability. States like Idaho are surrounded by Washington, Oregon and Montana where pot is decriminalized. According to reports, Idaho authorities seized three times more pot this year than in 2011. While national advocates work towards a more comprehensive reform, individual travelers should be wary of the risks they take on when crossing stateliness.

According to the National Organization for the Reform of Marijuana Laws, 14% of Americans use marijuana. It is the third most popular recreational drug, just behind cigarettes and marijuana. While the majority of Americans do believe that cannabis should be legal, many states are reluctant to pass new marijuana laws, especially given the federal prohibition and classification of the drug. Thought the Justice Department has advised federal prosecutors against pursuing low-level marijuana crimes, it does require that states impose a clear, “strong and effective” regulatory system for controlling the use of marijuana.

Even though the majority of Americans believe in legalization for medical use and an increasing number believe in legalization for recreational use, conflict remains for those traveling across state lines. In states where marijuana card holders have been arrested and charged, many locals are already urging for legalization. Despite hopes for legalization, many defendants will be charged, convicted and sentenced before legislative changes take place.

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

More Blog Entries: D.C. Decriminalizes Marijuana, Federal Land Raises Legal Complications, July 16, 2014 Los Angeles Marijuana Lawyer Blog United States Marijuana Laws Influencing Other Countries, February 14, 2014, Los Angeles Marijuana Lawyer Blog

Black market marijuana dealers have long offered door-to-door service in many parts of the country, but delivery is fast becoming part of the legitimate pot market as well. Indeed, all it takes is a quick whirl on Google to find dispensaries in California, Washington and other parts that provide cannabis by delivery.

Our marijuana dispensary lawyers know that marijuana is legal for recreational use in two states, Colorado and Washington.

However, retail stores have only opened in Colorado, leaving users in Washington with few places to get their legal marijuana. Still, medical marijuana is allowed there, and some medicinal dispensaries are advertising their delivery services openly, to everyone.

You don’t even have to be a medical marijuana patient. Some Co-Op, for example, offer 45-minute door-to-door delivery to anyone over the age of 21 who can provide photo ID. The dispensary sells various grades of marijuana for $90 a quarter ounce or $70 a quarter ounce.

This particular delivery Co-Op uses some of its proceeds to save orphaned and injured wildlife, and staff use creative animal names.

Other Washington dispensaries provide similar services. Technically what they’re doing could be a felony – state law allows possession or purchase of marijuana for any reason but requires a license to sell the drug.

It may be somewhat unlikely that police will crack down. For one thing, the buyers aren’t breaking any laws. For another, the state will soon begin licensing sellers, so law enforcement may feel it’s too early to press the rules.

Delivery companies may even help officials preserve order until retail shops open later this year. Smokers will be able to get their weed above-board, and police will know who’s providing it. Plus, the state has a long history of de-prioritizing drug crimes, especially marijuana offenses.

Washington isn’t the only place where legit delivery services are proliferating. They’ve become popular in California, too, where restrictions by local governments have made them indispensable.

California has had medical marijuana since 1996, but municipalities began cracking down on marijuana dispensaries over the last few years, with help from a recent state Supreme Court ruling. Though the state is widely expected to legalize recreational cannabis in 2014 or 2016, the restrictions have made it impossible for dispensaries to operate in a variety of places.

Delivery services have risen to take the place of many of these shuttered businesses. Police have targeted them in some places, but they’re tolerated in others. They’re especially common in Los Angeles, where recent restrictions have threatened to close hundreds of dispensaries.

There, some delivery companies have provided Los Angeles residents with regular door-to-door service for years. This particular collective’s profits go toward artists’ causes in the city.

It’s not clear what the future holds for weed delivery services, whether they’ll thrive under legalization or be stamped out by police. But for the time being, they are a significant part of the marijuana market.

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

More Blog Entries:

Budding Industry for Labs Testing Marijuana, December 27, 2013, Los Angeles Marijuana Lawyer Blog Legal Possession: Should the Odor of Marijuana Amount to Probable Cause? , December 5, 2013, Los Angeles Marijuana Lawyer Blog

With an enormous untapped retail market would come untold riches for state coffers and public programs – and individuals who smoke marijuana should pay for that right.

Our medical marijuana lawyers know that things may not be so straightforward.

Though it’s too early to tell with any certainty, there are already concerns that taxes may be too high – so high that they’ll drive customers straight back to the black market to get their marijuana.

The problem is especially worrisome in Washington State, where voters legalized weed in the 2012 election (Colorado voters did the same).

The ballot proposal that made pot legal, imposed a 25 percent excise tax on each of the three sales in the chain of production: from cultivator to processor, from processor to retailer, and from retailer to customer.

According to one calculation that was performed for the state, this would add 37 percent to the price of marijuana. That could mean an ounce would cost anywhere from $482 to $723, depending on how much it cost to produce it.

Marijuana proponents claim that these prices are extremely inflated. An ounce of high-potency cannabis currently costs an average of $236 per ounce in Washington, according to priceofweed.com. That figure includes purchases from the black market and from medical pot stores, which aren’t taxed and often undersell even the black market.

The state expects a major windfall from its newly legal pot market, as much as $2 billion over the next five years. With a $900 million hole in the budget for the 2013-2015 biennium, that money couldn’t come at a better time. If it comes at all.

And that’s the danger: Buyers may show up for the novelty of opening day, but if prices are too high, they may just return to their street dealers, or to the dispensaries that sold to them under the table.

Furthermore they could find a doctor’s recommendation and make it legitimate, not the most difficult task in the Pacific Northwest. And they won’t pay taxes on their product.

Observers have similar concerns in Colorado. Retail pot shops opened there Jan. 1 to great fanfare and success, but also to high prices. An ounce of weed sold for upwards of $400 in the first few days, when lines were long, demand strong and the number of shops limited.

Now more stores are opening, and the hope is that prices will stabilize. The situation in Washington may be even harder to predict. Colorado’s taxes, approved by voters in November, are estimated to add a total of 22 percent to the cost of marijuana – still a hefty amount, but not as big as Washington.

Lawmakers in both states have the power to reduce tax rates if things go bad. But their incentives may lie elsewhere: Holding taxes high on a “luxury” item such as cannabis creates the appearance a politician is generating revenue, even if the taxes kill the business that would actually create that revenue.

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

Additional Resources:

High Marijuana Taxes Could Derail Legalization Plans Oct. 17, 2013, Forbes.com More Blog Entries:

Legal Possession: Should the Odor of Marijuana Amount to Probable Cause? , December 5, 2013, Los Angeles Marijuana Lawyer Blog Cannabis Patients Fight to Keep Rights , December 3, 2013, Los Angeles Marijuana Lawyer Blog

Our Seattle marijuana lawyers know the Food and Drug Administration espouses high standards for its approved drugs but there are contradictions in their stance.

The Food and Drug Administration is quick to point out its high standards for approving a drug treatment as medicine. The Food and Drug Administration marijuana has positive effects and therapeutic benefit for relieving nausea in chemotherapy patients. In addition, marijuana has been linked to appetite stimulation for patients who experience severe weight loss.

Despite these admissions by the Food and Drug Administration, the agency still claims that enough tests have not been conducted to determine whether the benefits of medicinal marijuana outweigh its risks.

The Food and Drug Administration is quick to judge marijuana as unsafe because of what it views as adverse health effects.

Unfortunately, the Food and Drug Administration is excellent at talking about its guidelines and far less successful at implementing its standards.

Every year FDA approved drugs cause death in patients who use the drugs with a doctors approval.

In the year 2012, the Food and Drug Administration received over 210,000 reports of fatal, disabling, or serious adverse events that were associated with, or caused by therapeutic drugs. This figure represents a 16% increase from 2011.

Furthermore, the most surprising change is a substantial 47.8% increase in patient deaths (45,421 total deaths in 2012). For comparison’s sake there are about 16,000 homicides annually and 35,000 deaths from motor vehicle accidents.

The frightening truth about the Food and Drug Administration’s procedures is that they rely heavily on drug manufacturers to provide them with reports regarding adverse events. Only about 10% of fatal adverse events are reported to the FDA directly through its website or 800-number.

The direct reports to the Food and Drug Administration are more reliable because they are not passed through the filter of drug manufactures.

The Food and Drug Administration approves a drug for medical use without fully understanding all serious side effects. After the drug is taken to market, manufacturer’s become largely responsible for reporting new, previous undiscovered serious side-effects.

If a drug manufacturer discovers or hears about an adverse or fatal event that was previously unknown they are required to report the incident to the Food and Drug Administration within 15 days.

Events that do not fall into the serious or fatal category can be reported with much less frequency (such as annually or quarterly).

The Food and Drug Administration is quick to advertise its strict standards for approval of medicine and explain why it is concerned about medicinal marijuana but the fact is that the FDA never fully “clears” a drug or understands all side-effects prior to allowing large drug manufactures to take the drug to market.

Instead, the Food and Drug Administration allows drugs with unknown, and potentially fatal side-effects to be prescribed by doctors and then relies on the drug manufacturer (the one making money on the sale of the drug) to report when their drug has additional adverse side-effects.

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

More Blog Entries:

Marijuana DUI an Increasing Threat Amid Legalization Efforts, January 1, 2014, Los Angeles Marijuana Lawyer Blog California: City Council to Review Bill Allowing Dispensaries , December 29, 2013, Los Angeles Marijuana Lawyer Blog

Airport officials maintain that the decision to prohibit marijuana possession on airport property is necessary to combat any interstate trafficking of the substance, which is illegal under current federal law. The new guidelines from the airport are some of the most strict of any policies instituted in the state since the legalization of recreational marijuana.

Our medical marijuana lawyers know that this is an example of the type of regulations in store for Washington state as well – or an any state which may legalize the use of marijuana.

Airport officials claim they are primarily worried about interstate trafficking. The concern is that transporting marijuana across state lines could impact other agencies and airports. But there are other concerns which will also have a dramatic affect on any consumer, transporter, distributor, or dispensary dealing with medicinal or recreational marijuana.

One key consideration here is that since marijuana, medicinal and recreational, is still illegal under federal law, airports and other areas, such as parks that fall under federal jurisdiction, may not fall under the laws of the state in which they are situated.This situation sets up an interesting and difficult conflict within states that legalize the use of marijuana because the legalization may not apply to all areas within the state.

Although this seems to be in direct conflict with the recently passed Amendment 64, the reality is that the owner of any facility may place limits or special restrictions on marijuana use – even though marijuana was broadly decriminalized.

Amendment 64 specifically allows for any entity which controls, owns, or occupies a property to set the marijuana regulations for that property.

An airport is certainly an organization which will tend toward the side of federal regulation due to its status as a federally regulated facility.

The Transportation Security Administration (TSA) has stated it would not search for marijuana or other drugs and its more concerned with safety hazards and explosives but that any violations of federal law would be reported to law enforcement.

Airport officials say signs will be posted on doors to the airport which state that it is illegal to transport, transfer, display, use, consume, and possess marijuana in the airport. Individuals who violate the law could be fined up to $999.

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

More Blog Entries:

Legal Possession: Should the Odor of Marijuana Amount to Probable Cause? , December 5, 2013, Los Angeles Marijuana Lawyer Blog United States Lags Behind Other Countries in Marijuana Legalization, December 1, 2013, Los Angeles Marijuana Lawyer Blog

Our marijuana defense lawyers know that the United States is a country known for its war on drugs but a few pioneers are sparking a change in the western part of the country.

Public support for the so-called experiment is strong throughout the country. Even in areas where the future marijuana legalization is hazy, pockets of support exist.

However, states in the western United States have chronically been on the forefront of marijuana policy.

Marijuana consumption is regulated, but legal for medical purposes in 19 states – some states have had these more relaxed laws for over 20 years.

However, Washington and Colorado are jointly taking a blunt step forward and legalizing recreational use of pot in their respective states.

Local authorities will regulate the marketing, distribution, and growing of marijuana just for recreational use.

In Colorado, private growing and consumption of small amounts of marijuana was already legal under state law, but sales were not permitted.

This type of half legalization left the door wide open for drug dealers to operate. The regulations in Colorado will initially disallow the public smoking of marijuana although there is controversy over this limitation.

In Washington, the framework for new system is already in existence but the first licenses to legally sell marijuana are not expected to be given out until the middle part of 2014.

Marijuana advocates claim Washington and Colorado have left the old debate about how to arrest and lock up marijuana users behind and moved on to a higher-level adult conversation about how to regulate the commodity in a way that advances public health and public safety.

The United States experience is having an influence abroad where countries are liberalizing their own marijuana laws as a result of the United States policy. Uruguay will soon become the first country to legalize marijuana across the entire country.

The Netherlands policy toward marijuana consumption is often misinterpreted as complete legalization. In reality, the Netherlands has only tolerated low-levels of consumption for many years but the growing and distribution of marijuana is still technically illegal.

Holland is still divided between individuals who favor more liberal marijuana policy and others who are annoyed by the “marijuana tourists” who visit the Netherlands just to get high.

As Washington and Colorado pioneer the legalization of marijuana combined with regulatory systems it is important they get it right because the rest of the United States and the world are watching.

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

More Blog Entries:

Legal Possession: Should the Odor of Marijuana Amount to Probable Cause? , December 5, 2013, Los Angeles Marijuana Lawyer Blog United States Lags Behind Other Countries in Marijuana Legalization, December 1, 2013, Los Angeles Marijuana Lawyer Blog Additional Resources:

Washington State to Begin Accepting Marijuana Retailer Applications in November, Oct. 16, 2013, By Paul Armentano, NORML Deputy Director

Our marijuana criminal defense lawyers know that many medicinal marijuana patients must travel with their medicinal pot over the holiday season and caution patients to be careful.

Most experts recommend standard common sense should be used when traveling with marijuana, which is: don’t get caught. Marijuana is still outlawed by federal law even thought some 20 states have enacted laws decriminalizing or even legalizing marijuana for medical and/or recreational use.

Regardless of whether a driver has a medical license for their pot, getting caught could be a problem.

Federal statistics estimate that 91 percent of all holiday long-distance travel is via car with over 43 million Americans traveling over 50 miles for the thanksgiving holiday alone.

Under California law medicinal marijuana patients are really only permitted to travel with what they need related to the distance, timing, and method of transportation.

This means an individual can travel with enough for their own personal use only.

The biggest point of concern for those traveling with medicinal marijuana is that the laws of one state don’t go with you as you travel to another state.

This leads to a great deal of problems because individuals often see the freedom to be open about marijuana all around them when at home but then forget to put up their guard when they travel to jurisdictions with less marijuana friendly laws.

For example, a California medicinal marijuana user who drives sober to Arizona, Utah or Nevada may technically be driving under the influence the moment they cross state lines.

The regulations for drivers in Nevada are particularly tough. In Nevada an individual who is driving with even the smallest trace amounts of marijuana byproducts still in their bloodstream can be found guilty of DUI.

The problem with these types of enforcement measures is that trace amounts of these marijuana byproducts may remain in the human body for weeks after use.

Flying with marijuana is certainly changing. The Transportation Security Administration (TSA) publicly announce a major relaxation in its policy regards to marijuana and stated they do not search for any drugs and if the TSA happens upon some illegal substances they will turn you over to local law enforcement.

Experts agree that the Transportation Security Administration is not interested in small amounts of pot.

There have been recent reports of individuals being waived through security with no issue by TSA agents after their marijuana had been revealed or discovered.

If flying with marijuana, some experts recommend sealing it up well and placing it in your checked luggage.

Although there are ways to minimize risk when traveling with marijuana, the best and least stressful option is always to avoid bringing medicinal marijuana with you on the road.

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

More Blog Entries:

TSA Inconsistent Policies for Passengers with Marijuana, November 26, 2013, Los Angeles Marijuana Lawyer Blog Colorado Voters Support Tax on Marijuana Sales, November 24, 2013, Los Angeles Marijuana Lawyer Blog

Our marijuana defense lawyers are aware that the changing legal landscape surrounding marijuana legislation might create a great deal of confusion.

The state’s new “stoned driving” initiative is wrongly encouraging law enforcement officers to pull over far higher numbers of drivers based on the suspicion that they are under the influence of marijuana.

Unfortunately zero tolerance policies toward drivers under the age of 21 make all teenagers an easy target for arrest hungry police officers and end up disproportionately affecting kids of color.

According to a report on CBSnews.com, the instant marijuana was legalized for recreational use in Colorado and Washington, law enforcement officials began a pronounced effort to seek out more impaired drivers than ever before.

Patrol spokesman explain that drugged driving is still illegal regardless of the legality of possessing the underlying substance.

Marijuana activists agree that you should not smoke and drive but setting a standard limit for THC impairment is more complicated than setting a blood alcohol content level.

There are no portable breath tests for marijuana like there are for alcohol and there is no readily available way to tell if someone is impaired by recent marijuana use.

Although there are tests which reveal whether marijuana has been used in the past the tests for current effects of the substance are difficult. The current standard in many states involves drawing blood from a suspected impaired driver and testing for THC (the active ingredient in marijuana).

Individuals are considered in violation of law when they have over 5 nanograms of THC per milliliter of blood. Some states have lower standards such as 2 nanograms per milliliter.

Due to the complexity of assessing drug impairment many drugged driving arrests and convictions are based on police observations.

Supporters of Washington’s measures to prevent drugged driving insist that the standards are necessary to achieve the goal of safer roads.

However, the standards are arbitrarily strict. In some instances an individual who uses marijuana for medicinal purposes with a license could be convicted even though they are not impaired at the time of the test.

In addition, the harshness of taking college loans away from individuals who are convicted of driving while impaired could have a significant negative impact on many young people.

Many who are opposed to the enforcement measures surround impaired marijuana driving feel that alcohol and marijuana are too dissimilar to be treated the same way.

There is well-established science around blood alcohol content and its affects on the body but the same is not entirely true for the effects of marijuana.

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

Additional Resources:

Washington State to Begin Accepting Marijuana Retailer Applications in November, Oct. 16, 2013, By Paul Armentano, NORML Deputy Director More Blog Entries:

The Feds Backtrack on Marijuana Policy: Planned “Enforcement Actions” in Colorado, Nov 28, 2013, Los Angeles Medical Marijuana Lawyer Blog U.S. Attorney General: It’s Time for Drug Sentencing Reform, Aug. 15, 2013, Los Angeles Marijuana Lawyer Blog

Researchers in the United States, the Netherlands, Germany, and Canada used a web-based survey that contained twenty-one questions asking patients’ to provide their perceptions of various types of cannabis based medicinal products.

Our L.A. marijuana lawyers, know that there are various forms of preferred consumption for medicinal marijuana medicinal products but that all forms of cannabinoid-based products can be beneficial for various conditions.

The survey was taken by over 950 subjects and the results showed that a majority of participants preferred herbal cannabis because they had fewer side-effects and were more cost-effective. Cannabis-derived pharmaceuticals include substances such as nabilone and Marinol.

Survey participants also expressed a preference for inhaling various forms of medicinal marijuana products as opposed to oral dosing. Inhaling includes both vaporizing or smoking.

Researchers hypothesized that one reason for the preference toward inhaled marijuana was due to the fact that inhaled marijuana takes effect far quicker than orally ingested alternatives.

According to an article found on Naturalnews.org, another method of utilizing marijuana for medicinal purposes is applying directly to the skin. This application method is referred to as transdermal.

The reason this process works is because Marijuana is lipophilic. This means that it can be dissolved into a substance that is fat-soluble and then easily enter cell membranes.

This form of use would benefit patients suffering from pain resulting from various conditions. Transdermal medical marijuana can come in the form of a rubbing alcohol type solution, ointment, balm or lotion.

Individuals have long benefited from the anti-inflammatory effect of marijuana to ease the pain caused by sore muscles and joints as well as arthritis.

A transdermal marijuana preparation typically provides only local relief and does not effect the brain. This is useful for times when other forms of marijuana use may be inappropriate such as while driving a car.

Transdermal applications may also be used to avoid potential side-effects such as drowsiness or an upset stomach.

Transdermal medicine is useful for pain managment in pediatric and sports medicine. The direct absorption of the substance into the skin allows for fast pain relief.

Transdermal may be preferable to capsules or tablets because these more traditional methods of administering medicine can become diluted due to digestive enzymes and stomach acids.

Bypassing the liver and stomach means a much higher percentage of the active ingredients enter the bloodstream where the effects can be felt.

Transdermal medicine has been utilized for many years in various parts of the world but the full benefits of this method of application have yet to be fully explored.

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

Additional Resources:

Washington State to Begin Accepting Marijuana Retailer Applications in November, Oct. 16, 2013, By Paul Armentano, NORML Deputy Director More Blog Entries:

Medical Marijuana Across the U.S.: A Progress Report, Aug. 12, 2013, Los Angeles Medical Marijuana Lawyer Blog

Starting in mid-November, will begin accepting applications for those who want to get a state license that will allow them to legally produce, process and sell marijuana commercially to those who are over the age or 21.

Our Washington state marijuana lawyers would strongly encourage any who are preparing a license application to first consult with an experienced attorney. The licenses are being distributed by the Washington State Liquor Control Board, which will only allow for an initial 30-day application window.

Because both Washington and Colorado are the first states where voters have approved the cultivation, sale and use of the drug for recreational purposes, the roll-out process is being very carefully watched. While U.S. Attorney General Eric Holder has said his offices don’t intent to pursue criminal or civil action against providers that are acting within the confines of a well-regulated system, there is no guarantee that those are words we can trust 100 percent. There have been countless criminal cases and civil forfeiture actions filed against medical marijuana providers who were operating within what they believed to be the confines of state and local laws.

Of course, it’s worth noting that California, being the first in the nation to approve marijuana for medicinal purposes, lacked laws that were precise and clearly-defined on a statewide scale.

It seems Washington authorities are determined not to make those same mistakes. The state’s liquor control board is working to painstakingly dot every “i” and cross every “t.” The Board’s chairwoman announced that she and her colleagues had been working for months to piece together a comprehensive system of rules, designed to serve as the industry’s foundation.

Both Washington and Colorado’s marijuana laws are based on a very similar model. Both states heavily tax and tightly regulate the legal markets. Both require stringent security for on-site locations, as well as third-party laboratory testing. Sales are limited to people who are over the age of 21. Out-of-state investment is barred, and adults are limited on the amounts they can carry. State regulators are also closely involved in tracking “seed-to-sale” of all transactions.

Still, there are a few differences. for example, Washington imposes a 25 percent tax on each of the three parts of marijuana production – from the farmer to the processor, from the processor to the retailer and then from the retailer to the consumer. Authorities believe this will make it competitive with black market supply. In Colorado, the state proposes a 10 percent sales tax and a 15 percent excise tax.

In Washington, unlike Colorado, state regulators have capped the total amount of recreational marijuana that can be produced on an annual basis. The idea is to avoid a surplus that could then be smuggled out-of-state.

Also, both states will license marijuana businesses a bit differently.

In Colorado, officials are requiring something called vertical integration, meaning that each licensed business has to be involved in all parts of the operation, from seed-to-sale. The idea was to limit the number of businesses, which would make it easier to control the market. Washington, by contrast, prohibits this approach, and only allows licensing for one aspect of the industry. Officials say the idea was to avoid the possibility of monopolies driving up prices artificially.

Many states are watching these different approaches closely, trying to see what works and what doesn’t. Entrepreneurs brave enough to dive into the scene should do all they can to shield themselves and their investment. Consulting with an experienced attorney can make a major difference.

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

Additional Resources: Washington State to Begin Accepting Marijuana Retailer Applications in November, Oct. 16, 2013, By Paul Armentano, NORML Deputy Director More Blog Entries: Marijuana Businesses Need Better Banking Options, Governors Say, Oct. 16, 2013, Washington State Marijuana Lawyer Blog

Washington was among the first few states to approve marijuana as medicine. However those who have long been involved in providing marijuana to patients suffering the ravages of cancer and AIDS worry that the restrictions placed on the drug for those simply hoping to get high will negatively impact access for those who rely on the substance for day-to-day use.

One of the greatest obstacles may be the heavy taxes expected to be imposed by the state. Another is the the imposition of limitations for how much of the drug patients can possess at any given time. Yet another is the end to collective gardens, which have been a primary source for so many patients. Stricter authorizations for medicinal marijuana could also be underway.

As one medical marijuana provider put it: “I’m a terrified that… the recreational users have thrown us under the bus.”

Some have voiced opposition to the fact that other types of medicine are not taxed in the same way; not even optional drugs, such as Viagra.

In November, Washington and Colorado became the first two states to approve legalized marijuana for recreational use. But both are still trying to figure out what that industry will look like.

Colorado’s medical marijuana industry was already subject to a sales tax, with some 110,000 registered patients paying a premium for the drug. Given the measures already in place, seems less likely there that the introduction of recreational marijuana will be as disruptive to medical marijuana providers.

Washington may be a different story. State officials and local lawmakers have said they are worried that licensed recreational providers may not be able to compete with medical marijuana dispensaries that sell marijuana untaxed and unregulated. Ultimately, they say, this could lead to a reduction in the cut that the state brings in.

Further, there are questions about how the U.S. Justice Department is going to respond to this potential conflict. The agency has said that it is going to permit states to implement tight regulations for marijuana, with the intention of keeping the drug off the black market. However, it’s not going to tolerate sales of the drug that are unregulated. Despite promises to back off, U.S. attorneys in both Spokane and Seattle have since said that the state’s medical marijuana system is “untenable.” This would seem to indicate that we can expect to see some change with regard to how the state handles medicinal sales.

Washington is somewhat notorious for its lax system of marijuana distribution, one of the most unregulated of all 20 states plus the District of Columbia that have so far approved the drug for medical purposes. Patients are not required to register. There is no formalized oversight of collective cultivation of the drug, nor is there regulation over the dispensaries that serve them.

This is where the state work group’s recommendations are going to be important. We will be closely watching to see what aspects they prioritize. Medical marijuana providers in Washington state wishing to insulate their operation should contact an experienced medical marijuana attorney.

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

Additional Resources: Medical-pot sellers fear being ‘thrown under bus’, Oct. 20, 2013, Associated Press More Blog Entries: Legal Marijuana Users: Caution When Crossing into California. Oct. 12, 2013, Washington State Marijuana Lawyer Blog

But that doesn’t mean the war on weed in these states is over.

As each state pioneers through the process, our Washington marijuana lawyers understand some advocates are lobbying for legislative action that would de-felonize possession of the drug, so long as it is not intended for distribution.

SensibleWashington.org, a group dedicated to the repeal of cannabis prohibition while leaving in place penalties for impaired drivers and consumption by minors, is working with the ACLU of Washington to draft a bill relative to that goal.

In Washington, possession of marijuana under 1 ounce for personal use is not a crime. There is no fine and no incarceration option. Someone who is caught consuming the drug in public stands to receive a $100 fine. Anyone who has between 1 ounce and 40 grams faces a misdemeanor, punishable by up to three months in jail and a $1,000 fine.

However, possession of any more than 40 grams of the drug in the state is an automatic felony, punishable by up to 5 years in prison and a $10,000 fine. Anyone found guilty of sale to a minor less than three years his or her junior faces a felony punishable by up to 10 years in prison.

It’s these kinds of harsh sentences that the advocates are trying to attack, though they maintain that the laws regarding minors should remain in place.

A number of state legislators have expressed interest in supporting such a measure, with State Rep. Joe Fitzgibbon (D-Burien) signing on as a co-sponsor. The advocates are still shopping around for a primary sponsor.

SensibleWashington was also behind an earlier legislative measure, House Bill 1661, that would have allowed adults convicted of misdemeanor marijuana offenses in the state, prior to the decriminalization of the drug, to apply to the sentencing court for a vacation of their charges. The measure passed the rules committee for a second reading, but never ended up making it to the House floor. Fitzgibbon had been a primary sponsor on that measure, and said that he intended to bring it back again during the next session.

“It started a good conversation,” he was quoted as saying.

Still, even if state officials manage to pass such a measure, we don’t suspect the criminal cases will cease anytime soon because the drug remains illegal in any amount and for any purpose at the federal level.

Just recently, federal agents raided a number of medical marijuana dispensaries throughout the state. Administrators at one of the dispensaries in Olympia reported that seven government vehicles descended on the property, where agents forced their way in with guns drawn. Once inside, the agents seized about $2,500 worth of the drug, intended for cancer patients. One of the agents reportedly told the dispensary owner as he left, “Things are going to be hell for you.”

While it’s true that for now, both state and federal officials may have the ability to make like difficult for patients and dispensaries, our Washington marijuana lawyers want you to know you aren’t without options. Contact us today to learn more about how we can help.

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

Additional Resources: PRESS RELEASE: Effort to Defelonize Drug Possession Launches in Washington, Aug. 13, 2013, Press Release, SensibleWashington.org More Blog Entries: Arizona Medical Marijuana Dispensaries Given Extension on Opening, Aug. 13, 2013, Washington Marijuana Lawyer Blog