There was a time when people had to travel to Amsterdam for legal marijuana, and now they can go to Canada as our neighbors to the north have legalized marijuana nationwide, but according to a recent news article from the Los Angeles Times, local hotels are trying out new strategies to make their properties more marijuana friendly and hopefully make a big impact in this growing market.

One hotel in Coachella Valley has started an ad campaign where they are telling prospective guests they are welcome to some marijuana at the pool. They are also allowing guests to use vaporizers in their rooms, though they cannot smoke due to existing laws. As our Los Angeles medical marijuana attorneys can explain, since smoking in public is largely illegal, it is hard to attract marijuana tourists because even though they can legally purchase marijuana and cannabis products, they will not have any place to consume it. If hotels are able to find ways to allow guests to use marijuana on their properties, it will certainly make the area more friendly to cannabis tourism.

One of the things that surprised the owners of this hotel was that not only did business already increase by as much as 50 percent, but the guests were mainly members of the baby boomer generation and not the millennials they had been expecting to come in droves, though there was an increase in these guests as well.

Another method being tried is the use of cannabis vending machines on hotel property. It would seem harder to keep minors from purchasing marijuana from a vending machine, but these machines actually feature sophisticated age verification hardware and software designed to prohibit the sale of cannabis products to underage consumers in compliance with state law.

There are of course those who are opposed to expanding marijuana tourism, and they keep coming up with new arguments to prevent what is clearly a growing trend. One of these latest arguments is the smoke will cause a smell, and this will force hotel owners to spend a lot of money cleaning the rooms, which will outweigh the benefits of any additional tourism.

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:

Full vending machines. Pot on the pillow. What some California hotels are doing to attract marijuana smokers, June 22, 2018, By Hugo Marin, Los Angeles Times

More Blog Entries:

Licensed Cannabis Business Drivers Arrested, Van Confiscated, Jan. 17, 2018, Cannabis Law Group

On the other hand, when California legalized marijuana, the ballot initiative was sold to many as a way for the state to generate billions of dollars in revenue. While this is certainly true, and a laudable goal, it was accomplished by setting a tax of 15 percent, which is many times higher than the tax rate set in Canada. There is also a separate tax on the cultivation of cannabis set at nine percent, which results in a direct expenses passed on to distributors and consumers as discussed in a recent news article from Forbes. As our Orange County recreational marijuana business attorneys can explain, this amounts to a tax or nearly 30 percent on top of the normal retail sales price of pot, which makes many still likely to buy it from the black market. As discussed in this article, many of those trying to follow the law, are faced with a difficult task of competing with the black market dealers and also the ever-expanding marijuana grey market.

It is the licensed business people who must keep detailed records, collect sales tax, pay income tax, make sure all customers are at least 21 years old and follow a whole host of other regulations. Those who are selling black market cannabis do not comply with any of these regulations or pay income taxes in the clear majority of cases, and this means they can undercut the price of legal recreational marijuana and even those in the medical marijuana dispensary business.

In an attempt to help out those in the legal medical marijuana industry and recreational use marijuana business, lawmakers have proposed temporarily doing away with the cultivation tax of nine percent and reducing the recreational marijuana sales tax from 15 percent to nine percent for the next three years. The hope is it will generate additional legal sales and drive black market competitors out of business for good. It is true that they will be making less tax revenue per individual sale, but with many more legal sales predicted, if the measure passes, the overall revenue will increase on a volume basis.

These two taxes are far from the only fees levied that are often passed through to the consumer driving prices up. When we factor in all of the licensing fees and other regulatory requirements, many estimate the consumer is subject to 60 percent taxes on any marijuana products purchased legally, giving even more of an advantage to the black and grey market cannabis industry.

This new bill was proposed by bipartisan lawmakers who feel it will not only allow those in the industry to make more money, but reflect a serious reduction in prices in legal marijuana retail establishments, which is the ultimate goal.

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 Bill May Drop Cannabis Tax To Give Legal Sellers A Boost, March 15, 2018, By Janet Burns, Forbes

More Blog Entries:

Marijuana Industry Poised to Generate Many New Jobs, Jan. 4, 2017, Marijuana Business Lawyers Blog

A new study concludes the active ingredients in marijuana may reduce the HIV viral lode. If true, this goes beyond helping with pain and other symptoms of the disease.

Since marijuana is still classified as a Schedule One controlled substance of the U.S. Controlled Substances Act of 1970 (USCSA), it is very difficult for researchers who get federal money to conduct any studies. Being on the highest schedule means that it does not have any valid medial use, as established by peer reviewed research, has a high potential for abuse, and is dangerous. While there is no question that marijuana is not chemically addictive and is not dangerous, it is hard to get peer-reviewed federal studies when conducting such studies were nearly impossible. However, as our Los Angeles medical marijuana attorneys can explain, congress has made it somewhat easier to conduct research in recent years as more states have legalized medical marijuana and some researchers are working on independent studies.

One researcher from the University of Florida is leading a study involving 400 patients who have HIV. This is the largest HIV marijuana study to date and it looks at various issues. One is how the drug affects the brain and central nervous system of the patients, but it is also attempting to prove whether marijuana can reduce the viral lode in these test subjects. The marijuana can either be consumed in edibles or inhaled through smoking and vaporizing and it is thought that it may be able prevent the HIV virus from entering and infecting new cells. Since the HIV virus is self-replicating and infects host cells, if this process was slowed or stopped, the viral lode would go down.

Since the regulations involving research are very complex, smaller firms wishing to do research, as opposed to major universities with entire legal teams, should work with an experienced medical marijuana attorney to navigate the web of regulations and possible restrictions so that they are able to conduct this important research without the fear of a federal crackdown. While there are many attorneys who are jumping on board as of late now that marijuana use is legalized, going to one who has been working in this industry for years may be of more help to those wanting to do research on marijuana so they can develop new products. In addition to the federal regulations, there are many state regulations that also may come into play and you can discuss this during an initial consultation with your attorney.

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

Additional Resources:

Marijuana Could Be Huge for Treating HIV, November 16, 2017, By Steven Blum, VICE

More Blog Entries:

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

A new ordinance was preliminarily approved by the Orange County Board of Supervisors with all but one supervisor voting in opposition to the proposed measure. Supervisor Shaw Nelson argued that this proposed ordinance is contrary to the desires of the voters of California who voted to legalize the sale of recreational marijuana in our state.As our Orange County marijuana business lawyers can explain, it was through the passage of Proposition 64 that recreational sales distribution will be made legal in 2018. Specifically, the law legalizes the use of marijuana by adults age 21 or older, and also imposes state tax on the sale and cultivation of marijuana. It also created a licensing body and a established a series of regulations for the sale and distribution of marijuana and marijuana products. This is not only expected to raise possibly billions of dollars in tax revenue for the state, but it is also designed to reduce the money spent on crime prevention involving the sale and distribution of marijuana in our state.

With respect to cultivation of marijuana, a private resident, without the need for any additional licensing, will be allowed to grow a maximum of six plants at any given time. However, in the cases of commercial cultivators and distributors, business licenses and Conditional Use Permits (CUPs) will be required. There will also be a requirement that the area in which the marijuana is being grown commercially is zoned appropriately for such reason. As we have seen in the past, if a government agency or official wishes to close down a grow operation or dispensary, they may have code enforcement red tag the business as a zone violator. This makes it much easier to close the business through the administrative process.

The best thing a person or company planning on entering the medical marijuana business in Orange County can do is to speak with an experienced medical marijuana lawyer as early in process as possible to make sure all laws and regulations are being followed. There are however, a couple of things to keep in mind when selecting a lawyer to represent you and your business. You want to choose a marijuana business attorney who has been working in this sector for years and actually knows what will happen. There are far too many lawyers trying to enter the market late now that it is big business and they may not be in the best position to advise prospective business owners. Another thing to keep in mind, is that marijuana is still listed on Schedule One of the U.S. Controlled Substances Act (USCSA) or 1970, which mean that the federal government can possibly enforce these law. The reason we say possibly enforce them is that congress has issued orders that the U.S. Department of Justice shall not spend money enforcing marijuana laws in states where it is legal. However, Attorney General Jeff Sessions has stated he is not bound by these orders.

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

Additional Resources:

Orange County takes a step toward banning pot sales and distribution in unincorporated areas, November 15, 2017, Los Angeles Times

More Blog Entries:

How California Marijuana Growers Are Rebuilding Their Businesses After Devastating Wildfires, October 21, 2017, by Cannabis Law Group

A recent article from The Union discusses how that fact that California was not first to legalize the recreational use of marijuana for adults might not be such a bad thing, because we will get to learn from some of the problems and “pitfalls” other states had when they first legalized recreational marijuana. The article begins with a trip to a marijuana dispensary in Nevada where there are around 65 customers waiting the shop to open to open in the morning. It was actually open at midnight and stayed open for six hours, but then had to close for three hours due to state law. As it was closed, customers lined up outside, so they could buy marijuana as soon as it opened. There is clearly a lot of business in the cannabis industry. This was primarily a medical marijuana dispensary but it was converted to one that could also sell marijuana to anyone for recreational use.

Part of this was the fact that it had just become legal for the sale of marijuana for recreational use, and, as one customer put it, he had been waiting over 18 years to be able to legally buy pot, so this was clearly a big day for him and many others. He said he was tired of meeting people in a parking lot while at the same time, hoping that he would not be arrested. One person in the line said it was the same for him except he had been waiting 40 years to be able to buy marijuana legally.

This was not the only dispensary around the state with long lines, and there was much chaos in the process due to numerous lawsuits. There was a major lawsuit by alcohol distributors who wanted a monopoly on delivery of marijuana to dispensaries. As it turns out, the alcohol lobby has tremendous power nationally and is able to lobby and use lawsuits to get their way much of the time. They have also been successful on the federal level on controlling the distribution of alcohol at the expense of craft brewers. The reason they care is because they are owned by the major distilleries and breweries in the U.S.

As discussed in this article, and as our Orange County marijuana business attorneys can explain, one of the major of concerns will be with permitting for the supply chain. There are plenty of farmers willing to grow marijuana in our state, plus indoor grow operations, but permits will be required, and they may be hard to come by.

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 may not suffer same pitfalls as Nevada with recreational marijuana, but still plenty to learn, July 2, 2017, The Union

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

However, this last-minute budget resolution did not merely put off a government shutdown until at least September 2017. It also prevents the federal government from cracking down on medical marijuana in states where it is legal, according to a recent news article from ABC News 7 Denver. The lengthy budget deal contains restrictions that prevent the U.S. Department of Justice or any of its subsidiary agencies including, but not limited to, the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI) from using any of its budgeted funds to crack down on medical marijuana in a list of states included in the bill.For reasons that are not entirely clear, there were six states that have or will have legalized medical marijuana that were not included on the list. One of these states is Indiana, but they only allow medical CBD and not medical THC. While THC is often considered the active competent of marijuana, and is the one that has psychotropic effects, CBD can have the effect of pain reduction without the patient getting high.

One of the concerns with this language is that is does not pertain to the crackdown of state legal recreational use of marijuana in places like Colorado, Washington state, and now California. This is leading to some concern, because the current attorney general, Jefferson Beauregard Sessions III (aka Jeff Sessions), has said that “good people” don’t use marijuana and he will enforce the laws as he sees fit, noting that marijuana is still listed on Schedule One of the U.S. Controlled Substances Act of 1970 (USCSA).

This means that for those the cannabis industry in Los Angeles, and Orange County, there is still a great deal of flux in the state of the laws, and there is a risk of federal crackdown. The best thing you can do if you are in the industry is to speak with an experienced cannabis regulation attorney in Los Angeles as soon as possible.

When you do see an attorney, make sure to ask how long he or she has been working with clients in the medical marijuana or recreational marijuana industry. There are many attorneys that have only entered the business recently, and only a few have been working with these clients for years and are genuinely familiar with the needs and challenges of those in this growing cannabis industry.

Another concept that has been discussed lately is the possibility of using marijuana as a method to treat the growing number of patients addicted to opioids. This is similar to how methadone is being used to treat those addicted to heroin, but marijuana is much safer and would probably avoid the disastrous results we have seen with methadone. Unfortunately, Sessions is on the record as saying the use of medical cannabis to treat opioid dependency is just “stupid.”

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

Additional Resources:

Medical marijuana safe from federal crackdown through September, according to near-final budget, May 1, 2017, By Blair Miller, ABC News 7 Denver

More Blog Entries:

Anti-Cannabis Campaign Faces Violations, April 18, 2017, L.A. Marijuana Lawyer Blog

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

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

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

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

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

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

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

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

This woman owned a 12-year-old cat that was suffering from severe arthritis. As anyone who owns an aging pet can tell you, cats and dogs often suffer from arthritis just like humans do and it is hard to watch our beloved animals struggle to get around and go up and down steps. This cat would spend its time hiding in a closet on a thick layer of blankets provided by its owner as means of dealing with the painful joint condition.

She first heard about medical marijuana for pets at meeting of women who were looking to get involved in the cannabis industry. It should be noted that our Los Angeles medical marijuana lawyers regularly work with female clients who are becoming an increasingly prominent percentage of this growing industry, which is a welcomed opportunity for many.

While she was first intrigued by the idea, she was concerned that it didn’t seem appropriate for her to get her cat high. This is an understandable concern, because even though more and more people are willing to do whatever they can to help their pets, this is still a somewhat strange concept for many. However, as her cat began to spend more time than ever before hiding in the closet, she decided to get a medical marijuana card and purchased a small amount of edible THC oil. She squirts the oil in her cat’s mouth as a delivery method.

After giving the cat these first doses of cannabis oil, she observed that it started acting like its old self again and was no longer hiding in the closet. She also noticed that the cat was not acting high or falling down or any of the other behaviors that worried her. One reason for this is that these pet products are designed to offer the relief needed for arthritis, but not necessary the euphoric effects normally associated with marijuana use.

In addition to pets with arthritis, medical marijuana is also being used to treat to pets with seizure disorders in the same way it is being used to treat adults and children. Medical marijuana is also being used to treat pets with anxiety and inflammation. There are also people using medical marijuana to treat pigs, horses and other domestic farm animals with various veterinary medical conditions. However, it should be noted that these uses are not approved by veterinarians, but support is increasing as there is more empirical evidence medical marijuana works well for pets.

There are other forms of delivering medical marijuana including chewables made for pets. This product has been shown help cats that suffer from cataracts in addition to arthritis.

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

Additional Resources:

Pets on Pot: The Newest Customer Base for Medical Marijuana, October 8, 2016, By Laura M. Holson, New York Times

More Blog Entries:

DEA: Marijuana to Remain on List of Dangerous Drugs, Advocates Frustrated, Aug. 17, 2016, L.A. Marijuana Lawyer Blog

As for this candy company, they make edible cannabis products in the form of various confections and are considered among the best in the area. The company prides itself on the quality of the product just like any other artisan chocolate maker would. As of now, these candy bars and other candy products are only sold to dispensaries where they are then distributed to medical marijuana patients with a valid doctor’s recommendation that is cross-checked for authentication, and the patient’s identification and age is verified.

However, if marijuana become legal for recreational use as well as medical, the company will be free to sell their products to anyone who is over the age of 21. For the company, this means huge growth, and as many clients have discussed with our Orange County cannabis industry lawyers, this is very good news. On the other hand, it seems many parents are becoming worried that if Proposition 64 wins voter approval next month, these cannabis candy products could end up in the hands of their children and that is a major concern to them.

In response to these concerns, this company has decided to speak to parents. This first thing that has to happen is parents have to put the problem into perspective. While it is true that since Colorado has legalized marijuana, there have been around 250 cases reported to the poison control center for accidental ingestion by children, there have been 2,500 cases of children ingesting detergent that was stored under the kitchen sink. It should also be noted that many of these detergent overdoes were very serious and some led to death. The colorful pods that contain laundry detergent have become major problems since they look like food to small children and are deadly.

The company also asks the question of whether it is right to ban something for this reason. For example, if someone accidentally overdosed on aspirin as their spokesperson says, parents would not likely blame the drug maker. However, realizing that they do have a responsibility to consumers and families, the company has done its best to make sure the packaging does not appeal to children. There are no colorful cartoon characters or animals like we see with traditional chocolate products. Despite this, parents with concerns are still fighting against the passage of this new law, but it does not seem likely that their efforts will be successful.

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

Additional Resources:

A cannabis candymaker seeks to reassure worried parents as it prepares for California’s post-legalization boom, October 7, 2016, By Robin Abercarian, Los Angeles Times

More Blog Entries:

Report: California Arrested 500k People in 10 Years for Marijuana, Sept. 5, 2016, L.A. Marijuana Lawyer Blog

To this day, despite the increasing research findings proving the medicinal and societal benefits of the drug, it remains under a Schedule I narcotic designation by the U.S. Drug Enforcement Administration (DEA). This is true even as lawmakers in four states plus Washington, D.C. have approved the cultivation, sale and possession of recreational use. This prohibition is what has forced marijuana dispensaries to operate in cash, because banks won’t handle their money. It’s the reason marijuana cultivators and distributors have faced criminal prosecution, even when carefully following state laws.

The good news is that there are many signs this could be on the verge of changing. For one thing, national polls show 89 percent of Americans support medical cannabis – and that includes 81 percent of Republicans.

It seems discouraging that some in power – including Senator Chuck Grassley (R-Iowa), Senate Judiciary leader and a staunch opponent to legal marijuana – denied a hearing on the pro-medical marijuana Compassionate Access, Research Expansion (CARERS) Act last year.

But there is evidence to suggest the tide is turning – and quickly.

Let’s start with the fact that while Grassley and other powerful lawmakers have worked hard to block even a frank discussion of the issue, other members – including conservative North Carolina Republican Lindsay Graham – are acting as co-sponsors on CARERS. Graham even held a Senate hearing to weigh research on the potential medical benefits and risks of the drug.

There is also the fact that national organizations that advocate for patient rights are calling for a change of federal law. In fact, a letter recently signed by 13 patient organizations was submitted to Senate Judiciary Committee members as well as the DEA, urging action to change the designation from a Schedule I under the Controlled Substances Act to something lesser. This would ultimately remove federal barriers and allow for new treatments and research that would allow patients to make informed choices.

On top of that, our California marijuana lawyers have kept our readers well-informed of the changing landscape with regard to medical cannabis laws. The fact that even typically conservative states are making moves on this – most recently Arkansas and Missouri – speaks volumes about the traction of movement.

Further, many states with existing marijuana laws are going back to improve or expand them. Take California, for example. This was the very first state to pass medical marijuana laws. Now, this November, voters will be deciding on a measure that would open the doors to the legalization of recreational marijuana cultivation, distribution and possession. Other states, like Maryland, are expanding the types of providers who are allowed to write prescriptions for the drug.

Earlier this year, the Centers for Disease Control and Prevention (CDC) issued an updated guideline to pain clinic doctors, urging them not to treat for marijuana usage if it was going to be used as grounds to deny treatment. The center noted that barring patients who use marijuana from receiving pain medication could be considered a form of patient abandonment, which could have adverse consequences to patient health.

This is just the start. Still, the drug remains illegal at the federal level and patients, caregivers and dispensaries would do well to consult with a marijuana attorney on any lingering questions or ongoing issues.

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

Additional Resources:

10 smoke signals heralding the end of marijuana prohibition, July 14, 2016, By Steph Sherer, Americans for Safe Access

More Blog Entries:

New Yorkers Priced Out of Medical Marijuana? July 2, 2016, L.A. Marijuana Lawyer Blog