food policy legislation) measures to legalize industrial hemp sales, cultivation, and processing, according to a report from Forbes. Hemp is a variety of cannabis popular for its lower concentrations of THC and higher levels of CBD, the non-psychoactive component of marijuana. This has made it ideal for creating a variety of products, from plastics to biofuel to animal feed to yarn.

The federal ban on marijuana has made no distinction between these strains of cannabis and THC-laden versions, which has caused Americans to seek out everyday products that happen to include hemp from other countries. Finally, a bipartisan group of politicians, led by Mitch McConnell (R-KY), is standing up for this common sense action.

The bill would open the door to hemp farming nationwide, not just states with legalized marijuana, and would allow those plants to be insured just like other crops. As the bill stands, it also would legalize other products, such as CBD oil, which is used for many medical purposes, including pain, anxiety, and seizures. It has been touted as a useful resource in weaning people off of opioids and acting as an effective pain relief substitute.

Champions of cannabis watch in wonder as a plant the federal government has gone out of its way to demonize and criminalize has continually been given special exceptions. Legislators have attached an amendment to Congressional spending bills preventing federal prosecutors from using funding to go after operations that are following their own state’s laws. From state to state, opinions vary as to whether cannabis should only be used to treat very serious diseases, or if it can be recommended for any ailment a doctor so chooses, or if it can help friends relax and enjoy a good Saturday night. Debates rage over what levels of THC versus CBD should be allowed in products. Now hemp, an obviously innocent victim in the battle over cannabis, is finally back on the table in serious public debate. We have wasted so much time nit-picking which elements of the cannabis plant are good and which should be regulated, and we can mince words all we want. In doing so, however, we keep dodging the most relevant question: why on earth is this clearly beneficial plant still banned?

The answer, like many things, is political. Controlled Substances Act, 21 U.S.C. Section 812 put cannabis on the list of Schedule I narcotics, with the ludicrous claim that the drug is addictive, has no medical benefits, and is harmful even with supervision of a medical professional. The “evidence” to support these claims is dubious at best; yet supporters of marijuana have had to move mountains to prove its worth. This line of thinking has laid waste to many cannabis by-products, such as hemp papers, yarns, and fabrics, and CBD oil, none of which cause the high sensation that has ruffled so many feathers. In fact, hemp used to be a major crop in the U.S. before all the unnecessary hysteria over cannabis began. Instead of recognizing the nuances of the plant and its myriad uses, our country doubled down on banning it in every way possible until states started to fight back in recent years.

Our cannabis business attorneys in Riverside are very interested to see how developments regarding hemp and all its possible products play out. We are here to assist any business owners interested in the hemp industry figure out how changes to federal, state, and local laws could impact your business and potentially help it grow.

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:

Removing Hemp From Controlled Substances List Is Overdue, Farmer Says, June 28, 2018, By Esther Honig, NPR

More Blog Entries:

Too Many Weed Farms? No Such Thing with Hemp and CBD Oil, May 15, 2018, Cannabis Law Group

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

of data about the cannabis industry. Our attorneys know one of the most difficult things about establishing any new industry is lack of concrete data. There can be a lot of growing pains as authorities and economic leaders gather a foundation of facts that help in making critical decisions about public safety, regulations, and taxation. This is particularly true when dealing with a controlled substance, like marijuana. Even though marijuana has been legal for medical purposes in California since the passing of the Compassionate Use Act of 1996, the switch to recreational legalization in the state as of Jan. 1 was a real game changer. MAUCRSA, Medicinal and Adult-Use Cannabis Regulations and Safety Act, was created to combine guidelines for medical marijuana with all the new stringent licensing rules for recreational cannabis, so all regulations lived under one umbrella.

The mission of the newly formed California Cannabis Authority is to “develop and manage a statewide data platform that will gather, collect, and analyze information from a myriad of data sources into one resource.” The more local governments that participate, the more compelling and significant the data will be for everyone who accesses it.

The group was created by the California State Association of Counties Finance Corp. The group started with San Luis Obispo, Humboldt, and Monterey Counties on board, with Mendocino following suit. According to a report by the Ukiah Daily Journal, the platform will make it easier to track tax payments, provide compliance information to county departments, and allow health officials to access product information. Our knowledgeable cannabis business attorneys in Riverside know this database is helpful for public officials, but also to the sustainability of cannabis businesses. Sharing this information can increase understanding between local governments and owners. Detailed tracking of finances, taxation, licensing and regulatory compliance could also pave the way for financial institutions to more easily work with cannabis-related businesses. Financial institutions must have an excessive amount of proof that a cannabis-related business is following all state guidelines before a relationship can form, so a database of this sort would be an excellent first step to easing this process significantly. In turn, this benefits the cannabis industry, which largely has to operate with cash. Any modern businessperson will tell you this is a gargantuan feat. The long-term stamina of the marijuana industry is dependent in part on allowing growers and distributors to move their platforms into the 21st century.

Cooperation between cannabis businesses and local governments is a positive thing, and the hope is we’ll soon see more of it in Southern California. Trust and communication are key factors to success going forward, which is why our marijuana attorneys work with cannabis businesses to establish a business framework that incorporates regulatory considerations and financial viability. We want to see your business start off on the right foot and continue to grow into the future.

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:

California Cannabis Authority (CCA), California State Association of Counties

More Blog Entries:

Cash-Only System Tough on Marijuana Businesses When Paying Taxes, March 27, 2018, Cannabis Law Group

The Joint Resolution Forbes reports that, in September 2017, the California Assembly passed a joint resolution to call upon the federal government to reclassify marijuana. The Resolution specifically requests reclassification for the purpose of legal research and development of cannabis for medical use. Currently, marijuana is classified as a Schedule I drug under federal law. This designation is reserved for drugs with no medical value and a high risk of abuse. For comparison: cocaine and methamphetamine are classified in the less-restrictive Schedule II category. In addition to research and medical developments, the Assembly also identified concerns with access to financial services for cannabis businesses. The current federal prohibition on marijuana means that most marijuana businesses are prevented from using traditional banks and lending institutions. Many of these businesses simply operate on a cash basis, which makes them vulnerable to theft and violent crime, and also makes it difficult to collect tax revenues on income which is legitimate under state law, but considered illegal drug money under federal law. The Future of Marijuana Classification This is not the first attempt to reclassify marijuana. Many efforts have even been by federal Senators and Representatives. According to the Washington Times, two freshman Representatives from Florida introduced a bill to reclassify marijuana as a Schedule III drug in April 2017. This bill, too, was put forth with the intent of helping researchers and ill patients have better legal access to marijuana. GovTrack reports that the bill has not made it to committee as of October 2017. It is more likely than not that this bill will never become law. Still, its introduction shows that California is not the only state concerned with the classification of marijuana as a Schedule I substance. So how can marijuana business owners and users (both recreational and medicinal) protect their legal rights under state law? For business owners, regulatory compliance is of paramount importance. Non-compliance with regulations for the operation of a medical dispensary, marijuana grow operation, or distribution service can serve as a pretext for law enforcement agents to raid businesses and seize their assets. This can cause irreparable damage – particularly to small, cash-based businesses. Business owners should consult with an experienced California marijuana business compliance attorney to ensure their business operates lawfully. Marijuana users must similarly comply with existing state law. While recreational use is now permitted in California, there are strict restrictions on the amount of marijuana which may be legally possessed. Users who wish to continue obtaining marijuana under their medical use permit must ensure that their permit is valid, their prescription is current, and they are obtaining prescriptions from a dispensary which is operating lawfully under state laws and regulations. The Los Angeles Cannabis Law Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734. Additional Resources: California Officially Calls on Feds to Reclassify Marijuana, September 18, 2017 by Tom Angell, Forbes More Blog Entries: Banking Regulations Leave the Marijuana Industry Subject to Violent Crime, August 14, 2017, by Cannabis Law Group