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

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

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

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

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

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

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

Additional Resources:

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

More Blog Entries:

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

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

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

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

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

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

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

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

Additional Resources:

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

More Blog Entries:

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

Thanks to the implementation of IB 2015, c.5, “Question 1 – An Act to Legalize Marijuana” in February, employers can no longer drug test applicants for marijuana or fire workers for using cannabis on their own time.

This part of the new law has taken effect despite the fact that other portions are still lagging, namely the regulations necessary to begin sale of cannabis and cannabis products.

Voters in Maine approved recreational use, sale and taxation of marijuana back in November 2016. Initially, the law was supposed to go live in January 2017, but it soon became clear that wasn’t nearly enough time to get all the necessary regulations in place and build the foundation of a pot economy. So they moved the deadline to launch legalization out to February 2018, putting Maine on a similar timeline to California’s roll-out of Proposition 64, which also was voted on in 2016, and began implementation Jan. 1. Unlike California, though, Maine has yet to finalize rules for legal sales yet. To be fair, California had a lot more experience since our state legislators had been working with medical marijuana operations since 1996, while Maine only legalized medical marijuana a few years ago. But Maine state senators also did not extend the moratorium on the deadline to make sales legal, according to a report from The Press Herald.

This has left Maine residents in a weird limbo where the law is in effect, but there is still a lot of uncertainty for retailers. Some of the finer points of the law are more certain, though, which is where the employment portion of the law comes into play.

This is a huge victory for cannabis users and the industry as a whole. Our cannabis lawyers in L.A. know this is an important step toward the normalization of marijuana in the public consciousness. There are so many mixed signals being sent to the general populace on marijuana: doctors are prescribing it for medical treatment, states are legalizing it for recreational use, businesses are holding it against employees if they test positive for use, and the federal government is treating it like it is dangerous and has no medical benefits. According to Controlled Substances Act, 21 U.S.C. Section 812, marijuana is a Schedule I narcotic, akin to LSD and heroin.

It is an especially big win because Maine is the first state to build such a protection into their marijuana laws. It is our hope that other states, including California, take note and use it as an example of how to move forward. It is nonsensical to legalize marijuana state by state (with 29 and Washington, D.C. joining together with some form of legalization), and yet treat people like criminals in the workplace for doing what we already have acknowledged is a safe and acceptable practice when done responsibly. Coming to work high is another issue entirely and would not be permitted any more than a worker is allowed to come to work drunk. It’s time we started implementing more sensible regulations around marijuana and get rid of these archaic restrictions once and for all.

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

Maine Law Requires Employers to Stop Drug Testing for Marijuana and Ignore Use Out of Workplace, Feb. 22, 2018, By Thomas Ahearn, Employment Screening Resources

More Blog Entries

Maine Doctor Reprimanded for Marijuana Permission Slip to Patient Employer, Aug. 28, 2016, Cannabis Law Group

years ago with the Compassionate Use Act of 1996, and more recently with recreational cannabis being legalized through the Adult Use of Marijuana Act, other states have not been as lucky.

Many hope to change that this coming year, with at least 12 states on deck to consider some form of cannabis legalization in 2018.

This is huge news, not only for those particular states, but also for California and other states that already have legalization in place. The more states rally behind legalization, the stronger we stand against outdated federal laws, which still classify cannabis as a Schedule I narcotic under the Controlled Substances Act, 21 U.S.C. Section 812. According to a recent report from Newsweek, more than 60% of Americans now support full legalization.Attorney General Jeff Sessions has been adamant about his opposition of state legalization, but our California marijuana legalization lawyers in Riverside know that a united voice from the states sends a strong and clear message that we as a country are ready to move forward.

The following states will potentially make moves toward legalization this year, according to the Newsweek report:

• Vermont: After the state legislature approved recreational marijuana legalization earlier in 2017, the governor said he first wanted to create studies on the effects legalization has had on public health issues. In December, the governor said he was comfortable moving forward. If things go as expected, this would be the first time a state government passed legalization laws rather than through a ballot initiative.
• New Jersey: New Jersey elected a new Democratic governor, who ran on marijuana legalization and promised to sign adult recreational use into law in his first 100 days, assuming the state legislature provides a bill.
• Michigan: Advocates gathered the required amount of signatures, pending confirmation, to get a recreational marijuana measure on the ballot in November.
• Delaware: A task force was assigned to study the impact of the legal marijuana industry. Results are expected back soon to help the state legislature determine how they want to move forward.
• Rhode Island: Rhode Island is eager to make a decision about legalization soon, with other New England States jumping on board. A study is out to help the statehouse determine recommendations, and int he meantime advocates hope to get a bill in place to decriminalize possession of small amounts of cannabis.
• Connecticut: A symbolic vote by the Hartford City Council to legalize recreational marijuana is expected to spark debate at the state level.
• Ohio: The advocacy group that led a failed ballot initiative in 2015 is ramping up for a second try for recreational marijuana in the 2018 election.
• Oklahoma: Medical marijuana will appear be up for a vote by citizens sometime this year.
• Kentucky: Momentum is building in the state government to get a bill through the state legislature legalizing medical marijuana.
• South Dakota: Signatures are under review to put a medical marijuana initiative on the November 2018 ballot.
• Utah: Advocates for medical marijuana are in the midst of collection necessary signatures, which would be due by April to make the cutoff for the November ballot.
• Missouri: Signatures are also being collected in Missouri in hopes of getting a medical marijuana initiative on the ballot in November.

Our Riverside lawyers look forward to more states joining California toward making marijuana accessible to people all over the country. With laws rapidly changing across the nation, it’s more important than ever for marijuana businesses to seek guidance from our experienced legal team.

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:

Marijuana Legalization 2018: Which States Might Consider Cannabis Laws This Year, Jan. 2, 2018, By Linley Sanders, Newsweek

More Blog Entries:

Medical Marijuana Expands to More States, Dec. 2, 2017, California Marijuana Lawyers Blog

Jan. 1, 2018, some might be caught off guard if they are stopped even with a small amount of cannabis at Border Patrol checkpoints in the state.

Representatives from the Border Patrol recently told the Associated Press that nothing has changed as far as their job is concerned. They intend to continue to uphold federal law at the eight California checkpoint locations, just as they have since medical marijuana was legalized in the state. The federal Controlled Substances Act, 21 U.S.C. Section 812 still classifies marijuana as a Schedule I narcotic, on par with heroin.

Many states have fought this classification, citing the health benefits the drug provides and the fact that marijuana is not lethal. This has led to a wave of medical and recreational legalization in many states, but U.S. Attorney General Jeff Sessions has been very vocal about his opposition to those efforts.

Therefore, those in charge of monitoring checkpoints will be adhering to federal directives for the foreseeable future. The Border Patrol has checkpoints within 100 miles of the Mexican border, created with the intention of curbing illegal immigration and drug smuggling.

However, roughly 40% of marijuana seizures at these checkpoints come from U.S. citizens carrying less than an ounce, according to data from 2013-2016. This means they would be in adherence to current California law and are still being punished.

Because Border Patrol officials can question drivers without cause and are not required a search warrant, they have a great deal of power at these checkpoints. Simply looking nervous can reportedly be enough to cause officers to pull a driver aside. Drug-sniffing dogs are often used to alert officers to marijuana and can detect even tiny quantities. And obvious attempts to avoid the checkpoint will almost certainly garner the suspicion of officers.

Our marijuana legalization attorneys in Orange County are very familiar with this clashing of state and federal laws. We are here to protect clients who face charges for possession, and will inform you of all your rights along the way.

While we acknowledge that operatives within Customs and Border Protection have stated that U.S. citizens with small amounts of cannabis are generally not charged, we strongly stand against the continued practice of seizing drugs and photographing and fingerprinting motorists, particularly those adhering to state laws.

In addition, the checkpoints are considered a nuisance to local residents, who get delayed in backups due to searches, some reportedly lasting up to four miles in the San Diego area. Residents also complain that they must deal with people cutting through their neighborhoods trying to avoid the checkpoints. They also are considered a privacy violation, with some residents refusing to cooperate at the stops.

Officials claim the practice curbs a significant amount of immigration and smuggling issues, with 34 established checkpoints along the Mexico border and 103 makeshift strategically shifting locations meant to protect major routes into the cities. But for those who endure the burdens of these searches, the benefits are less clear.

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:

As California Legalizes Pot, Laws Collide at U.S. Checkpoints, Dec. 27, 2017, Associated Press

More Blog Entries:

Confusion Between State and Federal Law Makes it Unclear Who Will Be Prosecuted for Marijuana Offenses, Sept. 12, 2017, Marijuana Legalization Attorneys Blog

Under the new regulatory scheme, growers will have to pay a tax of $9.25 per ounce of buds (flowers) and $2.75 per ounce of leaves. While leaves are not sought after for smoking, they do contain smaller amounts of THC and can be used for Butane Honey Oil (BHO) extraction to make concentrates, for example, so they do have some value to the industry as concentrates are becoming more popular. They can also be used to make things like Cannabis head creams to help patents with arthritis. As our Orange County cannabis business attorneys can explain, once the growers have been taxed, there is another excise tax in the amount of 15 percent added to the cannabis product and then a normal sales tax, which in California is 7.5 percent. There are also many localities in California that have their own tax, so this all aggregates to a total tax rate on cannabis to around 50 percent in many places.

Some local and state taxes could surpass 45 percent in some parts of California, according to Fitch Ratings, as reported by The Los Angeles Times.

If we look a gram of concentrates, there is a good chance it will cost more than it does on the street. While this is a problem for many, however, it is estimated that there will be so many more people purchasing cannabis in retail outlets than purchased it on the street so we are still going to have tremendous growth in what is expected be a multi-billion dollar industry. When we consider that medical marijuana sales in marijuana far surpass legal recreational marijuana sales in states such as Colorado, it is expected this will certainly occur.

As discussed in the article, when Canada legalized marijuana, they used a much lower tax rate. The reason was because Prime Minister Justin Trudeau wanted to put the marijuana black market out of business and, the theory goes, you cannot do that unless you can compete on price.

There is a also a difference in the reason many wanted to legalize marijuana in Canada than California. Canada legalized marijuana from the position that it can help people who need it as medicine, and that there is no point in spending money fighting illegal marijuana sales and use. In California, there were many were simply in favor in legalization, but the potential for billions of dollars in tax money was one of the ways proponents of Proposition 64 were able to get those normally opposed to marijuana legalization to get on board as the state is in desperate need of revenue.

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 Could Tax the Daylights out of Marijuana Consumers, November 12, 2017, By Sean Williams, The Motley Fool

More Blog Entries:

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

According to a recent news article from Rolling Stone, no less than 78 people die each day from opioid overdose. Narcan, which is the brand name for naloxone, is a fast-acting emergency treatment for people suffering from an opioid overdose. The medicine was once kept exclusively in emergency rooms, but now is not only being kept in ambulances but also in schools and even private homes. There is the classic leg injector similar to an Epipen, but now there also a Narcan nasal spray for even easier use. Things got a lot worse when doctors were prescribing more opioids than ever before, and people became addicted. There are over a quarter of a billion prescriptions written each year for these medicines. When the U.S. Drug Enforcement Administration (DEA) cracked down on this and even arrested many doctors at pain clinics, people turned to heroin. This included so-called pure heroin form areas like Afghanistan, as well Mexican black tar heroin. However, once the Taliban first fell, heroin production was ramped up, and it became much cheaper to get heroin than prescription painkillers on the street.

As discussed in that article, one of the things scientists are working on is whether cannabis is effective to get people off severe opioid addictions. There are many reasons that this could work, such as the fact that it can also control pain without being addictive, and it can help fight the symptoms of withdrawal from heroin and narcotic painkillers, such as spasms and severe stomach problems. While this may be good news, it is hard to do research involving marijuana, because marijuana is illegal under federal law. When asked for his thoughts on this program, the current attorney general said marijuana is only “slightly less awful than heroin.”

This is, of course, not the opinion that those in favor of medical marijuana legalization would like to hear, and it is also not in line with the thinking of the majority of Americans, according to recent studies, but this is something we will have to deal with going forward. For this reason, if you are in the medical marijuana business, or are a patient who is dealing with legal issues, you should speak with our experienced medical cannabis lawyers in Riverside, so you can discuss your rights.

As a result of the opioid abuse epidemic and the problems fighting it, several states are trying to find ways to see if cannabis can be used to help patients. One such bill in Maryland was struck at the last minute, but another bill in New Mexico was just passed. This was sponsored by the GOP, even after Attorney General Jeff Sessions made his remarks about the use of medical cannabis and addiction.

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

Additional Resources: How Medical Marijuana Could Help End the Opioid Epidemic, March 29, 2017, By Eric Killelea, Rolling Stone

More Blog Entries: Marijuana Sobriety Tests Still Elusive, Feb. 28, 2017, Marijuana Attorney Blog

Wider medical marijuana laws passed by the state in 2015, plus the recreational legalization measure that was approved by voters in November require some type of regulatory framework put in place by the state agency. These provisions will ultimately cover the specifics of marijuana cultivation, manufacturing, transportation, sales and other market elements. But first, the agency wants input.

In the meantime, state lawmakers are busy working to hammer out a new law that would help to reconcile the various discrepancies between the medical marijuana law and the recreational marijuana law. The discrepancies currently are pitting labor unions against each other. Some of the differences involve things like who can move marijuana from farms and manufacturing plants to market. There are also numerous questions about whether marijuana businesses should be allowed to operate as a one-stop-shop.

For example, should a single company be allowed the power to grow, transport and sell their own products directly? Groups pushing for a forced separation of these duties are seeking to help curtail the proliferation of a few wealthy monopolies. However, Proposition 64 as written allows growers and manufacturers to distribute their own products, with a few exceptions. But medical marijuana laws require an independent third-party middleman to distribute the product, much the same way the alcohol industry does. Distributors also collect taxes and serve to transport products to various labs for safety testing, which is something most lawmakers favor, and it could help reduce the chances that a manufacturer would stark hawking their product on the black market.

However, some union leaders opposed to this kind of model say marijuana shouldn’t be treated the same as alcohol in this regard. They argue that all alcohol has a relatively long shelf life and can be transported in pretty much the same way, no matter what kind of alcohol it is. However, marijuana products can range from a variety of edibles to oils, and each might need different specialized shipping methods, for which it would make more sense to put the manufacturer already in possession of specialized equipment in charge. On top of that, there would be the expense of training a third party and the concern that a third-party distribution firm may not be the best stewards of a marijuana business brand.

In the end, the state will have just one regulatory body and system that is going to cover both medical and recreational marijuana, and they hope to do it by the close of 2017. However, there have been a number of questions raised about whether such a model is feasible, given that we’re talking about a multi-billion dollar industry shored up in a matter of months.

The advisory committee, which will be comprised of individuals from the marijuana industry, public health officials, labor unions, marijuana lawyers, state and local officials and others, is going to be working hand-in-hand with the department of food and agriculture, public health, public safety and the marijuana bureau to work out a regulation that will:

• Product public safety.
• Preserve public health.
• Reduce the size of the illegal marijuana market.

Applications are being accepted up through this week. The positions aren’t paid, but having a seat at the table that is going to help formulate the regulations could in some ways be priceless. Additionally, there will be some reimbursement for travel-related expenses.

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 seeks advisers on marijuana rules, Feb. 10, 2017, By Taryn Luna, Sacramento Bee

More Blog Entries:

Arizona Man Arrested for Marijuana Didn’t Know Weed Was Still Illegal There, Feb. 15, 2017, California Marijuana Lawyer Blog

Voters in California, Nevada and Massachusetts approved initiatives for recreational marijuana. Numerous other states passed medical marijuana provisions. Collectively, this proved to be one of the largest electoral victories for the reform of marijuana laws in four years, when both Washington and Colorado were the first to green-light recreational use of the drug. It’s worth noting that similar legislation in Arizona didn’t pass, with 52 percent of the voters rejecting legal marijuana.

Medical marijuana laws were passed in Florida, Arkansas and North Dakota, and Montana loosened restrictions on the existing medical marijuana statute. Supporters of marijuana reform called the night “a monumental victory.” In total the percentage of states where marijuana is now legal for adult use climbed from 5 percent to 20 percent.

With California on board, there is hope that the federal government will soon end the national prohibition on marijuana – which could perhaps spur international change. California for a long time has been the state that serves as a bellwether for marijuana reform – and opposition. It’s a state where 12 percent of the U.S. population resides, and given the potential impact on the economy and other elements, it could very well encourage federal authorities to start rethinking the way they have approached the use of marijuana for the last handful of decades.

On the other hand, the Trump presidency has cast some uncertainty over the traction marijuana reform will continue to get in the coming weeks and moths. An administration that espouses skepticism of drug reform could result in an about-face. Specifically, if someone like Chris Christie or Rudy Giuliani was appointed attorney general, that may not bode well for the future of marijuana reform. A White House that is hostile to the movement could result in us reverting back to the days of federal raids on pot shops across the state – even those that abide by state law. Trump personally has been contradictory on the issue, so it’s difficult to say where he might come down on it. The hope is that the federal government will recognize that continuing a war on drugs will not only be unsuccessful, it will be toxic and unproductive.

As it now stands, federal law prohibits the sale of marijuana across state lanes – even those that both approve its use.

The reform in California wasn’t all that surprising for our marijuana lawyers in L.A. Last month, a national Gallup poll revealed that 6 in 10 Americans supported legalization of recreational marijuana – and that was the highest it had been in the organization’s five-decade history.

Still, there are some public health experts who caution we need to do more to learn about the potential health effects of the drug. Additionally, we don’t have any reliable protocols or tests to help us determine when a driver is truly impaired by marijuana. The drug stays in one’s system so long, it’s impossible with current testing methods to tell whether someone recently consumed the drug or is simply a regular user.

Pro-legalization committees in California had raised an estimated $23 million to support the initiative during the election cycle, while the anti-legalization campaign spent $2 million.

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

Additional Resources:

Californians Legalize Marijuana in Vote That Could Echo Nationally, Nov. 9, 2016, By Thomas Fuller, The New York Times

More Blog Entries:

Why Prohibition – Marijuana or Otherwise – Never Works, Nov. 9, 2016, L.A. Marijuana Lawyer Blog

The new comprehensive state level reforms called for the creation of a new executive agency to regulate medical marijuana as well as a person to head that agency who has been called the medical marijuana czar similar to the way in which “czars” are appointed at the federal level to handle regulation and oversight of certain industries and initiatives. Somewhat ironically, the best known czar in the federal government was the drug czar who was responsible for leading the fight in the so-called War on Drugs.

Much of what this agency hopes to accomplish is to keep marijuana out of the hands of children and those who do not have medical marijuana recommendations and to make sure consumers are getting what they actually paid for in terms of safety and quality. This will be done by product testing, labeling requirements, licensing, and other similar methods. These efforts will be led by the new medical marijuana czar Lori Ajax. She is taking charge of a series of policies and laws that will be fully in effect at the start of 2018 as discussed in a recent news article from the Mercury News.

As discussed in this article, protecting the environment is a major part of the job for the state’s new czar. While medical marijuana and cannabis in general is a wonderful product with many remarkable healing qualities, if not grown with due care, it can be very detrimental to the environment just like any other crop. There are basically two areas of concern when it comes to the environmental effects of growing cannabis: water use and pesticide use.

There is no question that there are major water supply problems in our state and this can create a major problem with the amount of agriculture present. One of the major issues with growing cannabis is that it requires a very large amount of water to get a good crop yield and without regulation, or legal production methods, many growers have not been following water use requirements. As our Orange County medical marijuana cooperatives attorneys have seen, there have been those engaged in illegal grow operations that are also diverting natural waterways in a way that is not only illegal, but also destructive to the property of owner. This is not a situation in which you want to find yourself because the consequences can be severe. For this reason, you should speak with an experienced medical marijuana attorney before spending any considerable amount of money in the medical marijuana industry.

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: California’s new weed czar tours state to tout new cannabis rules, October 5, 2016, By Lisa M. Krieger

More Blog Entries:

Federal Appeals Court: License Plate Profiling Illegal, Sept. 7, 2016, Orange County Marijuana Lawyer Blog

A new USC Dornsife/ Los Angeles Times poll reveals that California voter support for Proposition 64, the measure that would legalize recreational marijuana for personal use in this state, is at nearly 60 percent. What’s especially interesting is that support stretches across lines of race, gender, ethnicity and income. Even those from the two warring political parties generally agree on this issue.

The law would grant over-21 Californians the right to buy, keep and use a maximum of 1 ounce of cannabis for recreational purposes. It would also allow a person to grow up to six cannabis plants. The law would also require a 15 percent retail tax on the substance. Of the nearly 1,900 respondents, only a third said they outright would refuse to support the ballot measure if the election were today. Another 8 percent said they had no opinion one way or the other.

This marks a significant shift because if you’ll recall, just six years ago with Proposition 19, another measure that would have legalized pot for recreational purposes, almost 54 percent of voters said they would not support marijuana legalization in California.

That’s a dramatic and noteworthy change. As the director of the Unruh Institute of Politics at the University of Southern California said, those who oppose marijuana legalization in California are going to have to find a big funding source if they have any prayer of turning the tide on this issue in their favor come November. But of course, they may not be able to do enough to sway hearts and minds in the six weeks they have left, no matter how much money they spend.

Voters are seeing how these programs have unfolded in Washington, Colorado, Alaska and Oregon. They see the sky has not fallen. They see cost savings and even profits. Sure, there have been a few hiccups, but much of that has to do with the fact the drug is still illegal at the federal level. Many people believe that will change in the near future too.

The greatest support for Proposition 64 is with voters between the ages of 18 and 24. With that cohort, there is 67 percent support. The lowest amount of support comes from voters who are 65 and older – and even this group is torn straight down the middle about it. Although many baby boomers used the drug in the past, it was largely seen as taboo, and many still hold onto those beliefs.

Along racial lines, the measure is supported by the majority of whites, blacks and Latinos. The only group that did not show a majority support was Asian Americans, of whom only 47 percent back it. Gender disparities indicate men support it more than women, 62 percent to 55 percent. It was more greatly supported by those with incomes under $50,000 annually (63 percent) versus those who make more than $100,000 annually (57 percent).

As far as Democrats versus Republicans, the support is measured 68 percent to 56 percent, respectively.

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

Additional Resources:

Most California voters support legalizing recreational marijuana, poll finds, Sept. 13, 2016, By Patrick McGreevy, 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

The “Adult Use of Marijuana Act” would legalize possession of small increments of the drug for those over the age of 21. It would also set a tax rate for sales and a structure for farmers who cultivate the drug. It would also establish a framework for streamlined distribution across the state. Although it still needs the certification of state elections officials, that is not expected to be an issue.

Already, the proposed measure has the support of Democratic Lt. Gov. Gavin Newsom, who called this move, “A game-changer.”

But as expected, not everyone is on board. The California Teamsters, sheriff’s deputies and California Police Chiefs Association is working to organization a campaign to counter the passage of the measure. They say it will increase criminal activity and allow people with felony drug convictions to engage in the legal marijuana market. If Californians are going to support a recreational marijuana bill, they say, this one isn’t it, as there are too many loopholes.

But supporters are pushing full steam ahead.

Newsom insisted the measure was not something he and others were supporting lightly. A tremendous amount of thought went into drafting the plan, he said. It’s imperative that this not be treated as California’s next “new gold rush.”

Back in 2010, voters in California turned down a similar plan. In the years since, Colorado, Alaska, Washington, Oregon and the District of Columbia have all approved marijuana for legal recreational use by adults. Three of those states have passed provisions that allowed for the commercial sale of the drug in which the state receives a portion of the tax.

Today, proponents have higher hopes. The sky didn’t fall in Seattle. The revenues in Denver are up significantly. It works, and there are many who believe tourists will flock to California for the best buds the same way do for the stellar wines.

Passage of this measure would result in the implementation of the Bureau of Marijuana Control. This agency would be responsible for the collection of taxes on both growers and sellers, as well as for the imposition of harsh penalties for any growers who illegally divert water in violation of environmental regulations.

As it now stands, the state is fairly lax with regard to its medical marijuana system. This would change that. It would also prohibit the use of the drug (for recreational purposes) by anyone under the age of 21. Adults could have in their possession as much as one ounce of cannabis at any given time. They would also be free to grow up to six plants without the need to secure a state license. Public consumption would be forbidden and any marijuana products sold would need to undergo testing for both contamination and quality.

The issue is expected to drive a high Democratic voter turnout, which favors legalization.

While there are a number of other marijuana legalization measures that could compete for voter approval, Newsom and others expect this is the one that will gain traction.

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 likely to vote on marijuana legalization in November, May 4, 2016, By Trevor Hughes, USA Today

More Blog Entries:

No. 1 Marijuana Dispensary No Longer a Federal Target, May 10, 2016, L.A. Marijuana Lawyer Blog

Today, law enforcement groups and individuals are divided.

As The Los Angeles Times reports, many in law enforcement do still staunchly oppose making the drug available for recreational use, others recognize it could be a benefit to the state.

The conflict starts right here in Los Angeles. Take L.A.P.D. Chief Charles Beck. Although he says he’s still looking over the 62-page recreational marijuana ballot initiative proposed for the November election, he said his basic stance is there are enough problems with intoxicating alcohol and drugs that are already legal. He noted the substance causes significant physical and mental impairment, and he worries about the impact that will have on many aspects of daily life here in L.A. Plus, with the drug still outlawed by the federal government, marijuana dispensaries in L.A. are forced to operate as cash-only enterprises, which tends to attract crime.

On the reverse side, former L.A.P.D. officer Democratic Gov. Gavin Newsom has taken a different stance, coming out strong in support of the measure. So too did former LAPD deputy chief Steve Downing, who stated flatly that the “War on Drugs” was a failure.

“I should know as I once led it,” Downing said, adding that police policies concerning drugs have done more to harm to individuals and the community than they did to attack marijuana use. So many were unnecessarily and unfairly criminalized. Plus, we have the evidence now that shows us marijuana isn’t the “gateway drug” many proclaimed for so long.

By continuing to criminalize it, Downing said, we are putting money in the hands of the street gangs and the cartels. He explained that when we ended prohibition on alcohol, consumption of it didn’t go up. What changed was that it got safer, and the businesses of men like gangster Al Capone died off rapidly.

Downing said police are wasting thousands of hours with things like small-time marijuana possession. That takes away time and resources that could instead be devoted to serious crime.

The proposed ballot measure, “Adult Use of Marijuana Act” would give those over the age of 21 the right to possess, transport and use up to one ounce of the drug for purposes of recreation. It would also allow individuals to grow up to a half dozen plants. A proposed 15 percent retail tax on the drug is suggested, and there would be an outright ban on public use or use while driving (driving under the influence of any intoxicating substance is already illegal under current law).

In San Francisco, District Attorney George Gascon said as a former police chief there and a former LAPD assistant, he does support the legalization of marijuana in general. However, he urges caution to avoid certain mistakes that were made in Colorado and Washington state.

He insists any system would need to have the ability to test motorists for being under the influence and similar intoxication levels would need to be set. Our L.A. marijuana lawyers have written extensively on this issue. In theory, what Gascon proposes makes sense. However in practice, we know that marijuana behaves differently in the body and that intoxication is not as easily measured with marijuana is it is with alcohol. That means we’re going to end up punishing regular users of the drug – which stays in the human body for days or weeks after consumption – for impairment, even though they may not actually be under the influence.

Still, most rank-and-file officers have expressed the opinion that pursuit of marijuana prosecutions is “a waste of time,” Gascon said. For those who pledge to serve, protect and help, many question the harm that such action has on a community, versus the nominal or non-existent benefit.

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

Additional Resources:

Just Say Yes: Some California Law Enforcement Leaders Support Legalizing Recreational Pot, May 5, 2016, By Richard Winton, Los Angeles Times

More Blog Entries:

Pending Marijuana Ruling Could Limit Federal Prosecutions, May 6, 2016, California Marijuana Lawyer Blog