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

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

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

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

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

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

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

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

Implications Making marijuana donations to medical patients, and their caregivers, shows the industry’s compassion for those most in need. Offering cannabis business owners and operators tax incentives to get on board also helps to sweeten the act of donating. What will be interesting to watch is whether it will prove too cumbersome for retailers to jump through the hoops needed to get sign off to donate to those without a valid medical marijuana ID card, or whether they will do so gladly. The Los Angeles CANNABIS LAW Group represents growers, dispensaries, ancillary companies, patients, doctors and those facing marijuana charges. Call us at 949-375-4734. Additional Resources: Senate Bill 34 The Medical and Adult-Use Cannabis Regulation and Safety Act Bureau of Cannabis Control – Health & Safety Code

correlation between workplace fatalities and the legalization of medical marijuana, and the discoveries could be surprising to many. The data points compiled fly in the face of anti-marijuana rhetoric that has been peddled as “common sense” for decades and show, in fact, a sharp decline in fatal workplace accidents as access to medical marijuana increases. The research is set to be published in The International Journal of Drug Policy, and according to a report from Colorado Springs Independent, the connection the research demonstrated between continuous decreases in fatalities in the workplace and medical marijuana is compelling.

Researchers compiled data from 1992 to 2015, providing a set that included the several years leading up to the passage of the Compassionate Use Act of 1996, which legalized medical marijuana in California, making it the first state to do so. The study followed other states as well and found that deaths from workplace accidents would drop about 34 percent after medical marijuana had been legal in that state for five years. The connection was most notable in the age group of 25- to 44-year-olds, which demonstrated a 19.8 percent reduction. It was unclear what researchers would uncover going into the study given that there had never been an opportunity to collect this kind of data before. Additionally, it would seem reasonable that introducing a drug into society that had the potential for impairment could lead to an increase of incidents on the job, leading to more fatal accidents. Now that the numbers are demonstrating an opposite effect, however, we have an opportunity to learn more about cannabis and its effects.

One possible cause is what researchers call substitution theory. Our experienced Orange County medical marijuana lawyers can explain, substitution theory in simply when one factor in an observed setting is replaced by another. This, as it turns out, happens frequently when medical marijuana is introduced into an area, most significantly when chronic pain is a condition in which the state at-hand allows marijuana as a treatment. Frequently those with chronic pain turn to alcohol or strong, addictive painkillers, such as opioids.

If workers were turning to these substances during or before their shifts, the effects could be extremely negative, with impairments so severe it could easily lead to a fatal accident. If workers were to substitute these extreme forms of pain management with something like cannabis, they might experience some impairment for a limited time, but, as it’s turning out, not to the same effect of other previously more accessible substances. Of particular note is the use of CBD, in which patients would reap some of the benefits of cannabis without the sensation of feeling high. CBD does not have the psychoactive compounds of its cannabis sister THC, and therefore makes a very practical solution for those who need help with fewer impairment concerns. Ease of access also seemed to play a role, with significant drops in fatal accidents in areas where collective cultivation was permitted.

No one denies the need to set up common sense rules and structure around the use of cannabis, similarly to alcohol. The heavy-handed nature by which these rules have been handled, though, is clearly the aftermath of deep-seated propaganda and not in the reality of the dangers of this drug. In light of emerging data, our legal team hopes to see California join other states that have stepped up to protect the rights of workers who consume cannabis off-the-clock.

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:

Workplace Deaths Drop After States Legalize Medical Marijuana, By Kyle Jaeger, Aug. 10, 2018, Marijuana Moment

More Blog Entries:

Maine Won’t Punish Workers for Cannabis Use On Own Time, April 4, 2018, Cannabis Law Group

than opioid addiction. Both U.S. and Canadian governments have dubbed the rapid increase in overdoses to be a crisis or epidemic. Meanwhile, cannabis has demonstrated itself to be the potential key to unlocking the addictive cycles, adding to the urgency in passing more effective medical marijuana laws. In New York, emergency rules have been put in place to allow medical marijuana as an opioid replacement. Yet in Ontario, where medical marijuana is permitted at the federal level for a variety of conditions, workers are still having opioids pushed on them.

New York state Department of Health recently added opioid dependency to the list of 12 other conditions that qualify patients for medical marijuana recommendations, according to Marijuana Moment. Chronic pain, one of the key issues opioids are used to treat, is already on the list, but specifically adding opioid substitution gives doctors the freedom to recommend cannabis to those with opioid addictions regardless of the reason they started taking them. Officials are hoping this strategy reduces the number of opioid deaths, noting that states with pro-medical marijuana laws on the books have seen a 30 percent drop in opioid prescriptions for Medicaid users.Statistics as of March 2018 from National Institute on Drug Abuse show more than 115 people die of opioid overdoses every day in the U.S. In Canada, numbers are also on the rise with an average of almost 8 deaths per day in 2016 and a push for better data collection across the provinces. Meanwhile, cannabis has continued to hold strong at zero deaths from overdose year after year. Hard to fathom, then why marijuana remains a Schedule I narcotic (considered the most dangerous) compared to opioids which are Schedule III, according to Controlled Substances Act, 21 U.S.C. Section 812.

These anecdotes and evidence make it more confounding what’s happening in Ontario. Ontario Workplace Safety and Insurance Board is denying medical cannabis claims from patients licensed to use it to treat their injuries and manage pain. Other private insurers in the country have gotten on board with covering their patients, but WSIB has opted to favor opiates. Despite citing a concern over the addition crisis, WSIB has reportedly denied patients who have found pain relief from CBD and other cannabis compounds and want to free themselves of their opioid addictions. We’re used to these types of games in the U.S. because insurers have to be wary of federal laws, but it’s disappointing to see professionals still dragging their feet even when law is on their side.

So long as misconceptions and falsehoods about cannabis continue to prevent people from accessing the care they need, our Riverside medical marijuana attorneys will keep fighting for your rights. Our law firm protects patients, advises business owners, and even offers defense in criminal cases related to cannabis. We take pride in our work to defend medical marijuana users in Southern California and educating people about the truths and benefits of this substantially useful drug, especially in the face of the international opioid epidemic.

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:

Injured Workers in Ontario Advised to Seek Opioids Instead of Cannabis, July 12, 2018, By A.J. Herrington, High Times

More Blog Entries:

Study: Legal Marijuana is Saving Lives Amid Opioid Epidemic, Oct. 23, 2017, Cannabis Law Group

constantly find those who insist on fighting this useful treatment and punishing those who need it. The latest story comes out of Georgia, where a high school football player has been told the medical treatment that controls his seizures will prevent him from pursuing his dreams, according to a CNN report.

The senior committed to Auburn University in Alabama next school year, but was later informed that he would not be allowed to play football while continuing to use CBD oil. Because the decision came down from NCAA, it also means he wouldn’t be able to play for any other NCAA school. NCAA guidelines state that players cannot have any tetrhydrocannabidinol, better known as THC, in their systems. This is the component of cannabis known for creating a high sensation. Because it remains in the system long after the high is gone, it’s difficult to test whether a person is was under the influence an hour ago or three days ago.CBD oil, however, has less than .3 percent THC. Its primary ingredient is cannabidiol, the component in cannabis that does not cause a high, and has been used to treat many ailments. That less than .3 percent THC, however, can still show up on an NCAA drug test and disqualify players, regardless of the fact that the amount is so trace the player would not feel high, even right after taking it. Advocates are urging NCAA to revisit their rules and make exceptions for medical treatments, especially in this case when so little THC is involved. But NCAA iss ticking by the federal government’s Schedule I classification of cannabis under Controlled Substances Act, 21 U.S.C. Section 812.

There are a wide variety of symptoms relevant to football players that could benefit from cannabis treatments. For example, Project CBD, A California-based nonprofit whose goal is to educate and promote the medical benefits of cannabis, has been petitioning NFL to investigate medical marijuana as a treatment for players, particularly those with traumatic brain injury. An emeritus professor at Harvard Medical School wrote an open letter to NFL commissioners asking that, in lieu of available research from pharmaceutical companies or the federal government, that they fund a program to find concrete evidence on the effectiveness of CBD’s anti-inflammatory properties on concussions in football players.

As our Orange County medical marijuana attorneys can attest, we have seen plenty of cases where people’s lives were turned upside down because they had the audacity to prioritize their health with an effective and safe medical treatment. But some cases demonstrate more than others how ludicrous our current situation is regarding cannabis in this country. It’s incredible to see a young man overcome health problems as intensive as seizures and then go on to not only play football, but to help his team to the state championships. Seizures didn’t stand in the way of him achieving success, but the powers that be say a tiny, inconsequential percentage of THC in his system should end his career. That is wrong, and it’s why we stand up for the rights of medical marijuana patients and businesses. No one should have to sacrifice their health in order to participate in college programs or pursue a career.

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:

Open Letter to NFL Commissioner Roger Goodell, Jan. 4, 2016, B Lester Grinspoon, M.D., Project CBD

More Blog Entries:

It’s Time for NFL to Put Medical Marijuana in the Game, April 30, 2018, Orange County Medical Marijuana Lawyers Blog

marijuana for research: University of Mississippi. This is in spite of a 2016 decision to allow DEA to approve medical marijuana manufacturers for research purposes and dozens of applications to join the pool, according to a McClatchy article. But a bipartisan bill aims to break down some of the barriers currently standing in the way of necessary and groundbreaking research. HR-5634 would force an increase in the number of registered manufacturers producing cannabis “for legitimate research purposes.”

It also would lift restrictions on medical practitioners at the Department of Veteran Affairs, who as of now must follow federal law and are therefore not allowed to recommend cannabis to any of their patients. If passed, the bill would open the door to federally approved clinical trials for veterans seeking help through the VA. This is a crucial next step in the fight for medical marijuana legalization nationwide. Veterans have long reported relief for post-traumatic stress disorder symptoms through cannabis, but if they seek treatment through VA medical professionals, they cannot access medical marijuana, even if they live in one of the 29 states that have legalized medical use. Even Washington, D.C., has approved medical marijuana, despite being the epicenter of restricting marijuana nationwide.Our Orange County medical marijuana lawyers know the passage of this bill is necessary for two reasons. First is Controlled Substances Act, 21 U.S.C. Section 812, which classifies marijuana as a Schedule I narcotic. So long as this federal classification stands, Congress and state governments will have to keep creating convoluted workarounds to protect cannabis production, testing, and use. A Schedule I status means it has been determined that cannabis has no medical benefits and is actually harmful and susceptible to causing additions. This determination, however, is rooted in political posturing and propaganda. Which brings us to reason two this bill is so necessary: Attorney General Jeff Sessions. Sessions has used his revered and respected title to uphold and reinforce archaic and backward logic about cannabis. This mentality had infected other federal agencies, such as the DEA and the VA, making it more difficult for them to fully engage in the progress the rest of the country is enjoying.

The ideal solution would be to declassify or change the classification of marijuana to fully free the nation from the shackles of marijuana prohibition. However, until that is possible, lawmakers are using whatever power they have to advance the cause. HR-5634 was introduced by Matt Gaetz (R-Fla.) and co-sponsored by a collection of 30 Republicans and Democrats in the House. One of those representatives is Luis Correa (D-Calif.), who recently authored another bill (HR-5520) that would further VA’s involvement in cannabis by tasking the group to research medical marijuana and its effect on chronic pain and PTSD.

Those who try to position cannabis as a partisan issue are still playing in to the misinformation that has been spread in the past. Both parties want what is best for the people of this nation, and rational minds can clearly see that opening the doors to more research and clinical trials is the only way to the safe and productive future of cannabis in the United States. We welcome these legislators in joining pro-cannabis advocates like our legal team in the fight for medical marijuana and for your rights.

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:

Legislation to Explicitly Authorize the Veterans Administration to Facilitate Medical Marijuana Research, NORML

More Blog Entries:

Want to Honor Veterans? Access to Medical Marijuana a Good Start, April 13, 2018, Orange County Medical Marijuana Lawyers Blog

data than ever on its potential uses and benefits. With the stigma dissipating and access increased, people are more freely sharing their personal stories surrounding this life-changing plant. These anecdotes are important evidence in the fight to legalize marijuana nationwide.

A recent survey conducted by Sleep Cycle, an app designed to track your sleep cycle, has found that 14 percent of respondents used marijuana to help them sleep, according to Herb. The company surveyed about 1,000 of its application users on what methods they used to help them gets to sleep. Tea topped the list at 21 percent, melatonin came in second with 15 percent, and cannabis tied with milk and cookies at 14 percent.It should be noted that prescribed sleeping pills rested at the bottom of the list at 9 percent, an indication that people are eager for more natural remedies to their sleeping disorders, insomnia, or general sleep troubles. While tea certainly can do the trick, there is growing evidence marijuana can dig into more serious sleeping issues.

Some research has found the effects of cannabis on sleep to be two-fold. Cannabidiol (CBD) can have a soothing, therapeutic affect. Tetrahydrocannabidinol (THC) is reported to reduce REM sleep, thereby reducing the dream cycle. This is said to have significant benefits for those suffering from post-traumatic stress disorder as many may relive past traumas during nightmares.

Our skilled medical marijuana attorneys in Orange County know legalization at the federal level is critical not only to give more people access to the benefits of cannabis, but also to open the door to more comprehensive medical testing. The effectiveness of marijuana on certain sleep disorders is dependent on strain, balance of CBD to THC, and dosage. Doctors, however, are restrained by limited data on such matters as a result of Controlled Substances Act, 21 U.S.C. Section 812. Under this act, marijuana is classified as a Schedule I narcotic, putting it in a class of drugs considered to have no medical benefits, and therefore making medical marijuana testing prohibited at the federal level. Much of the information our doctors know is from foreign studies or their own direct work with patients. All the evidence is there to declassify marijuana if our representatives can put aside archaic ideology and political posturing.

We’re fortunate here in California to have more than 20 years of medical marijuana legalization, making our doctors some of the most experienced in the country when it comes to serving patients. Our team of lawyers also have amassed years of experience in this field and will use it to protect patients and the medical marijuana doctors and dispensaries that serve them. We hope the day comes soon when people all across the country will have the freedom to choose marijuana for PTSD or pain management or recreational use or for a good night’s sleep. Until that day comes, and beyond, you can rest easy knowing we are here fighting for you and your rights.

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:

Can You Use Cannabis to Restore Your Natural Sleep Cycle?, Feb. 20, 2018, By Sian Ferguson, Healthline

More Blog Entries:

Banker Seeks Promotion of Cannabis as New Chamomile, Feb. 24, 2017, Medical Marijuana Attorneys Blog

when those same veterans seek help ease the mental and physical pain they endure as a result of fighting for our freedoms, their pleas often fall on deaf ears. That’s why many veterans find themselves standing up and fighting once again, this time in a battle for their own lives in the ongoing war over medical marijuana.

A group of veterans in Louisiana has been on the front lines pushing for legalization of medical cannabis in the state. According to the Leesville Daily Leader, they want to help veterans who suffer from post-traumatic stress disorder as well as chronic pain that developed as a result of their service time. Even though these veterans know medical marijuana to be a safe and effective form of treatment for these issues, using it would make them a criminal in the country they risked their life to defend due to the Controlled Substances Act, 21 U.S.C. Section 812, which classifies marijuana as a Schedule I narcotic with no medical benefits. The group hopes to at least change the law in Louisiana so the state can join 29 others in legalizing marijuana. Furthermore, they also recognize that legalization would be beneficial to all residents, so they are putting their efforts behind cannabis education. The group knows legalization has become particularly critical for veterans right now as the opioid crisis is coming to a fever pitch. As the damaging effects of opioids are becoming more widely known, government officials are pressuring doctors to cut down on prescriptions. It is obviously important to limit these harmful and addictive drugs from the mainstream, but our experienced Orange County medical marijuana attorneys know it needs to be done in a responsible manner that benefits patients. At current, many veterans have been prescribed opioids for pain and PTSD and pulling them off the drugs cold turkey can be risky. Many veterans are also experiencing one of the other negatives of opioids: users are highly susceptible to resistance to the drug over time. This leads to veterans both addicted to opioids and also still suffering from the ailment that led them to the prescription in the first place. This is precisely why so many veterans are turning to marijuana, both to ease pain and also to help wean themselves off more harmful legally prescribed drugs.

In California, we are very fortunate to be the first state to legalize medical marijuana with the Compassionate Use Act of 1996. Even so, veterans in California cannot be recommended marijuana through a Veterans Affairs health care provider because they must abide by federal law. Patients must seek a recommendation through another physician. The VA Department has made it clear, though, that veterans will not be turned away for cannabis use. They are encouraged to discuss medical marijuana use with their VA doctor so the physician can consider it in a broader treatment plan. Regardless, it is outrageous that men and women who courageously served our country must jump through such hoops to receive the treatment they need. This is why our attorneys humbly stand next to these veterans to fight for their rights as they so bravely fought for ours.

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:

VA and Marijuana – What Veterans Need to Know, U.S. Department of Veterans Affairs

More Blog Entries:

American Legion Joins the Cannabis Cause to Improve Veterans’ Lives, Aug. 15, 2017, Medical Marijuana Legal Blog

treatment from their vet?

A vast majority of rational Americans agree that the use of marijuana as a treatment for medical purposes is a decision that should be made between and doctor and patient. Recent polls show more than 90 percent of respondents favor medical marijuana with a doctor’s recommendation. And California has long been a defender of patient rights by leading the nation in medical marijuana legalization with the Compassionate Use Act of 1996.

So why should the decision be any different when it comes to animals and veterinary professionals?

As it stands, California law does not extend to veterinarians the ability to recommend marijuana as a treatment for animals. But AB-2215, introduced by Assemblymember Ash Kalra (D-27), is looking to change that. The bill would put the power in the hands of the Veterinary Medical Board by calling on them to set the standards for state-licensed veterinarians to discuss marijuana treatment for animal patient clients, and it would also prevent veterinarians from being punished for having such discussions.

That all sounds great, but the bill is receiving criticism from the Veterinary Medical Board for not being broad enough, according to American Veterinarian. The board recently voted 4-2 not to support the bill, citing a primary concern over the word “discuss.” Board members felt this language was too soft, and still didn’t empower vets to “recommend” marijuana for pets. They also voiced concerns over the disciplinary restrictions in the bill, asking that they still be given authority to punish a veterinarian who recommends a dangerously high dosage of cannabis for treatment.

Our Riverside medical marijuana attorneys hope this bill is revised to reflect the concerns of the board and that it paves the way for man’s best friend to get the best treatment. Without the board’s support, this bill is pretty much dead in the water. We know veterinarians are the ones best equipped to make these decisions and should be the ones setting the rules. We also know that all too often, without the guidance of vets, people will turn to the Internet for answers. This is an easy way to put animals in harm’s way by misdiagnosing their symptoms or giving them too high of a dose or allowing them to consume the wrong form of marijuana, all problems that could be avoided with the help of a veterinary specialist.

We also know the challenges that veterinarians face as the travel down this uncharted path. Even though we are learning more every day about the medical benefits of marijuana, there is still limited research due to the drugs classification as a Schedule I narcotic in the Controlled Substances Act, 21 U.S.C. Section 812. The research is even more limited when it comes to the effects on animals. But handing these decisions over to veterinary professionals is a good first step.

As laws continue to progress to expand medical marijuana use across the country, our team of trusted lawyers will be here to protect the rights of patients … even four-legged ones.

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 Would Let Veterinarians to Discuss Cannabis with Clients, March 1, 2018, By Kerry Lengyel, American Veterinarian

More Blog Entries:

The Legality of Marijuana for Pets in Los Angeles, Oct. 29, 2017, Medical Marijuana Attorneys Blog

children who benefit from it, there comes a question of who is really being protected.

Some children use cannabis oils, tinctures, capsules, creams, or liquids as treatment for medical issues with the recommendation and guidance of a physician. These treatments can offer relief to suffering that might otherwise prohibit the child from normal participation in school activities. However, the treatment itself has become a disruption: currently parents must remove children from school property before administering doctor recommended medical marijuana, according to a report from South San Francisco Patch.

Sen. Jerry Hill (D-Mateo) is hoping to put an end to this absurd practice with the introduction of SB-1127. The bill would allow governing bodies of school systems and charter schools to set their own policies, opening the door to allow medical marijuana use on school grounds for grades kindergarten through 12. It would still, of course, prohibit smoking or vaping, even if it is for medicinal purposes. The drug cannot be administered in a way that would be disruptive to the educational environment or that would expose other students. And storage of medical marijuana would not be permitted on school grounds.

The process would therefore still be a disruption for caregivers, who would need to come to the school to dole out the necessary dosage. Parents would still be required to manage and administer the drug without assistance from a school nurse or administrator. But at least children would not be ripped from their daily activities and dragged off school property, just to be used as a prop in some ridiculous point about marijuana.

It is important to teach minors about risks and why marijuana is regulated and should only be used recreationally by adults. But it is also true that cannabis is beneficial when used for children with special medical needs. Treating marijuana like radioactive material that can’t even be in the same building as the other children is only perpetuating the stigma of years past. We must arm the next generation with facts and understanding as well as protections and regulations.

It’s been more than two decades that medical marijuana has been available in California, with the Compassionate Use Act of 1996. And with Prop 64 recently going into effect, cannabis will be in the public consciousness more than ever. Children are going to have questions. Hauling their classmates off campus to responsibly and legally receive medical treatment is alarming and confusing, and will not be a deterrent to the other students who might be curious. Grandstanding and symbolic restrictions are no replacement for education.

Our medical marijuana lawyers in Orange County applaud any steps toward easier access of cannabis for patients and deconstructing myths and stigmas surrounding marijuana. This next generation will grow up in a world where marijuana is commonplace. But there is absolutely a time and a place for it. It is up to all of us to teach them responsibility, rather than rely on scare tactics so they can lead us all into a brighter 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:

CA Lawmaker Seeks to Allow Cannabis Medicine in Schools, Feb. 16, 2018, South San Francisco Patch

More Blog Entries:

Medical Marijuana for Children with Serious Medical Conditions, March 6, 2016, Medical Marijuana Lawyers Blog

bill that would prevent employers from discriminating against employees because they use cannabis for medical purposes was recently introduced by Assemblyman Rob Bonta (D-Oakland), according to The Cannifornian.

California was the first to legalize medical marijuana with the passing of the Compassionate Use Act of 1996. Yet it is trailing woefully behind in protecting workers. Currently 11 of the 29 states (plus Washington, D.C.) that have legalized medical cannabis already have laws in place to protect employees who have a physician’s recommendation to use marijuana to treat a condition.

Assembly Bill 2069, if passed, would establish long overdue employee protections by prohibiting employers from firing or not hiring “a qualified patient or person with an identification card” solely on the basis that they use marijuana for medical purposes or for testing positive for cannabis on a drug test.The state failed medical marijuana patients by not including employee protections in the original bill. They failed even further by not doing anything since then. This gap in the legislation has since left patients beholden to employers and political whims.

More than a decade after medical marijuana legalization, the California Supreme Court ruled against an Air Force veteran (and medical marijuana patient) who was fired, citing the lack of employee protections in state law. Legislators tried to overturn the ruling, but were vetoed by the governor, solidifying that rights rested with employers rather than employees who are simply following instructions of a medical care provider. Meanwhile, other prescribed medications are given a pass in the workplace, regardless of what effects they might have on the patient.

It should be noted that the bill does not offer protection if the employee is impaired while on duty as a result of cannabis use. The employer would be able to take corrective action or terminate the employee. It also does not force a business to employ someone who is unable to perform the essential duties of a job due to a condition (given that reasonable accommodations would be provided). This destroys any excuse someone might have to delay this necessary law.

The bill also emphasizes what our skilled Orange County medical marijuana lawyers have always known, which is that “no scientific evidence exists that medical cannabis users are substandard employees.” In fact, with cannabis use on the rise in California, employers will find themselves at a real disadvantage in attracting talent if they continue to maintain archaic drug testing standards.

The bill further points out that drug tests have not demonstrated an improvement in workplace safety. Cannabis is an especially ludicrous drug to test for, considering it can appear on a test days or weeks after use, making it impossible to identify when the use occurred.

Our trusted lawyers hope action will be taken swiftly on this matter. Californians have suffered too long, not knowing whether they could lose their job because of their medical treatment. No one should have to choose between taking care of their health and taking care of their livelihood.

Additional Resources:

California May End Workplace Discrimination Against Marijuana Users, Feb. 14, 2018, By Tim Kohut, High Times

More Blog Entries:

Employers Revisiting Policies on Marijuana, Jan. 1, 2018, Cannabis Law Group

According to the local police department, a state statute essentially says that a fugitive shall not own a firearm, and neither can any person who is prohibited from owing or possessing a firearm under a relevant federal statute. The felon in possession portion of the statute is present is in the criminal code of most if not every state’s criminal code, so this is not a new argument, but those using medical marijuana are not convicted felons for the reason of using medical cannabis. They may be convicted felons for other reasons, and if that is the case, there is no question they are not allowed to own or possess a firearm.

As our Orange County medical cannabis attorneys can explain, the second part of the statute is where it gets a bit murkier.

While this is their state law, the law in California goes somewhat further and says that a convicted person may not own a gun, and neither can a person who is addicted to a narcotic drug. This is pursuant to California Penal Code Chapter 2, Section 29800.

While marijuana is not generally considered to be physically addictive under state statutes and case law, federal government policy has approached it differently, resulting in archaic drug scheduling laws. As we can see, if a state wanted to try to keep guns from medical marijuana users, they might have a legal foot to do so, but that argument would not work out so well here, but the police in Honolulu are hoping they have better luck.

The argument they are making seems to be that marijuana use, even if state legal, falls under the federal prohibitions. It should be noted that those federal provisions in the statute are usually used to prevent those convicted of domestic violence offenses from owning a gun. There was however, a letter issued nearly eight years ago by the U.S. Bureau of Alcohol, Tobacco, and Firearms (ATFE) that says anyone who uses marijuana, even where legal under state law, is prohibited from owning a firearm.

While this may be a colorful argument, a letter is not a law and the federal government has not even touched the issue of banning firearms sales to a person using marijuana. This is because while there are some who are opposed to medical marijuana in Washington, including Attorney Generally Jefferson Beauregard Sessions III, they are generally the same people that are backed by the NRA and are not about to support any law that infringes Second Amendment rights.

Additional Resources: Medical Marijuana Users ‘Have 30 Days’ To Turn In Their Guns, Honolulu Police Say, December 2, 2017, Kristen Consillio, Task and Purpose More Blog Entries:

Report: Medical Cannabis Nuns Selling Products on the Internet, May 14, 2017, by Cannabis Law Group

According to a recent news article from the Washington Post, medical marijuana has finally arrived in dispensaries throughout the state of Maryland, and more are opening each month. This is not to say marijuana has just been legalized for medical use in the state, but it is finally in dispensaries. The law was passed years ago, but there were so many delays and legal battles, many patients desperately in need of medical cannabis were wondering if this day would ever come.

As our Los Angeles medical cannabis attorneys can explain, this is not a new phenomenon. In some states, there were medical marijuana laws passed either by the legislature or direct voter action as is what happened in California, and then it took around a decade for some of these states to get the dispensaries open and filled with medical marijuana products.

One of the reasons for this is because marijuana is still illegal under the U.S. Controlled Substances Act (USCSA). It is classified at the highest schedule, because in the 1970s, poorly informed Congress members stated that cannabis is highly addictive, very dangerous, and has a high probability of abuse, along with having no valid medical use. While this is obviously not true, that was the conventional wisdom of the time as pushed by opponents of marijuana and their lobbying efforts were unfortunately successful.

With marijuana being illegal under federal laws, states had a lot of work cut out for them to establish a regulatory scheme that would not cause federal law to interfere with getting the medical cannabis to patients. However, these efforts were further hampered by the fact that many law makers in the states where medical marijuana was passed through ballot propositions, did want to legalize it so they did everything possible to delay things as long as possible. This is one of the main reasons that things moved so slowly.

Now that the majority of Americans support legalization of medical marijuana, things are moving quicker. Many of those who were still opposed to legalization saw that it has become a billion-dollar industry and that means a lot of revenue, jobs and taxes which is always good for the state. However, there are still a lot of legal issues that can arise and if you are thinking about going into the medical marijuana or recreational marijuana industry in Los Angeles. The best thing you can do is to speak with an experienced attorney who has been working with the industry for years. There are many lawyers that say they specialize in medical marijuana issues even though they are new to the practice area. This is not to say they are not qualified, but you should ask your prospective attorney what their background is in representing clients with medical marijuana 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:

Medical marijuana has arrived in Maryland, and sales have begun, December 2, 2017, Fenit Nirappil, Rachel Siegel, and Aaron Gregg, The Washington Post

More Blog Entries:

New Regulations Require Cannabis Delivery Services to Rethink Their Business Models, October 9, 2017, by Cannabis Law Group

The fear is that if they obtain a medical marijuana card, they will be on a list that the federal government can use to terminate their Social Security benefits. One patient interviewed for this story suffers from chronic pain. She has pain in her neck that radiates to her head, where it causes very severe migraines. She also has a painful medical condition known as peripheral neuropathy. This condition causes her arms and legs to constantly feel like they are burning.She has had many surgical procedures and multiple pain medications to treat her conditions, but they do not work all that well. She has now found a new pain control specialist that is recommending she try medical marijuana instead of taking all of those powerful painkillers. She wants to try it, but she fears that if she gets a medical marijuana card, she will lose her federal benefits. She is not alone with having these concerns, as there are many others in the same or similar situation.

As our Orange County medical marijuana attorneys can explain, and as discussed in this article, there is nothing in the Social Security Act that prevents a person with a medical marijuana card or recommendation letter from obtaining Social Security disability benefits. This statement has been echoed by the Social Security Administration (SSA), which is the federal agency that runs the Social Security disability programs. There is, of course, a caveat mentioned by SSA, that if a person were arrested for the sale or possession of marijuana, and they were confined to any type of institution for a period of 30 consecutive days, they would be able to terminate disability benefits.

In other words, as many people have been doing in our area for years, there should be no problem with being a medical marijuana patient and obtaining disability benefits. This a very common situation where people are obtaining medical marijuana for chronic medical conditions that also allow them to qualify for disability benefits. However, the fears are not irrational. The current White House administration has taken a different position than was taken during the presidential election campaign, and the new attorney general has said he intends to do whatever is in his power to crack down on medical marijuana in states where it is legal. He has even gone so far as to say that Congress’s express mandate that no funds be used by the U.S. Department of Justice, including the Drug Enforcement Administration (DEA), to stop medical marijuana in states where it is legal do not stop him from doing so. He has given no justification as to this position, and at least for the time being, it does not appear that he intends needs to do so.

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

Additional Resources:

Patients fear medical marijuana card could cost them their social security benefits | 11 Listens, July 4, 2017, By Denise Middleton, THV11

More Blog Entries:

The Uncertain Future of Recreational Marijuana, March 29, 2017, by Cannabis Law Group

According to a recent news article from the Cannabist, a new church, known as the International Church of Cannabis, allows people to smoke cannabis in a public setting. The church is in an historic church building that was purchased and renovated so that it could be used as a church for the newly founded religious movement known as “Elevationists.” The church was approved as a not-for-profit organization and its opening was on April 20, 2017. April 20, which his better known as 4/20, has become the unofficial international marijuana holiday. The founders of the church insist that this is a church to honor a legitimate religion that features the sacrament of cannabis. On the other hand, skeptics, including law enforcement officials, believe this is simply an attempt to use the cover of the First Amendment of the Constitution to get around the prohibition on using marijuana in a public setting. They argue that this is simply a private social club such as the ones created during alcohol prohibition in the 1920s.

Like Colorado, California has passed a legalization of the recreational use of marijuana act at the ballot. However, with legalization comes various restrictions and also a lot of seeming gray areas in the law. The reason for this is because of certain state restrictions as well as the fact that marijuana remains illegal under federal law. This was not a problem under the last half of the Obama administration, because it was determined that federal enforcement of marijuana laws would not be a priority in areas where it is legal under state laws.

However, it was always known that this could change with a new administration. While it hasn’t happened yet, the new attorney general, Jeff Sessions, has said that “good people don’t smoke marijuana,” and he intends to reevaluate enforcement efforts in states where recreational marijuana is legal under state law. While he hasn’t discussed state legal medical marijuana, it does signify that a major change in policy may be coming.

Since the laws are in a constant state of flux, it can be hard to stay clear of any of trouble and focus on running a legitimate and profitable business. The best thing you can do if you are already in business or planning to enter the business in the near future is to speak with one of our experienced Orange County cannabis industry attorneys. This will help make sure you are doing everything correctly and within the bounds of ever-changing laws to the fullest extent possible. This will allow you to focus on actually running your business, rather than trying to figure out if you are doing things properly.

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

Additional Resources:

This new cannabis church pushes limits of Denver’s social-use pot law, April 14, 2017, By Alex Pasquariello, The Cannabist

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

Even though marijuana use and possession is permitted, there are still many legal issues that are very much up in the air, and these laws in flux can make things very difficult for those in the marijuana industry, as well as patients and recreational users of marijuana.Things may get even more complex if the new attorney general follows through on this claims that he will have the U.S. Drug Enforcement Administration (DEA) crack down on the recreational sale of marijuana, even in areas where it is legal under state law. The reason he may be able to this is because cannabis remains a schedule one controlled substance under the U.S. Controlled Substances Act of 1970 (USCA). However, there are some regulations in Congress that make it difficult to crack down on state legal medical marijuana, so it is best to speak with an experienced Los Angeles medical marijuana attorney to see how these changes may pertain to your business.

One area that is becoming even more controversial is the issue of driving under the influence of marijuana. While it may seem like there wouldn’t be much controversy over driving while high, as it turns out, things are not so cut and dry. The reason for this is because it is very difficult to tell if someone is actually under the influence of marijuana at the time they were driving.

According to a recent news article from New York Daily News, a school bus driver in Massachusetts was arrested for operating a commercial motor vehicle (school bus) while under the influence of marijuana. The high school students he was transporting allegedly said they smelled marijuana and told a teacher. The police were called, and he was arrested for operating under the influence of drugs. It should be noted that he has pleaded not guilty and is presumed innocent unless and until he is proven guilty beyond a reasonable doubt.

When a person is pulled over for suspicion of drugged driving, there is not a breath-testing machine troopers can use. There is supposedly something in the works, but it is not yet proven or readily available technology at this time. Even if police and troopers begin to use a marijuana breath test, it will likely be challenged in court as to whether it passes the gatekeeping requirements to get scientific evidence into court. Like a polygraph, it may be considered unreliable “junk science.”

There are tests of blood or urine that can determine if a person has the metabolites for cannabis in his or her system, but it will not find the presence of active THC. In fact, the metabolites can stay present in a person’s urine for weeks after using the drug, as many people who have ever faced a drug test are aware.

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

Additional Resources: Mass. school bus driver busted for smoking marijuana before trip, March 29, 2017, Associated Press, New York Daily News

More Blog Entries: Cannabis Businesses Confront E-Commerce Challenges, March 3, 2017, Marijuana Legalization Lawyer Blog

He’s a legal medical marijuana patient in Canada. In 2014, he was driving from Vancouver to Seattle, WA, where marijuana is legal both for recreational and medicinal purposes. He had been stopped and questioned by federal border patrol agents for six hours after they spotted a marijuana magazine in his car. During his detention, he was repeatedly questioned about his marijuana use. He did not think to lie, considering Washington state’s policy on the drug and the fact that he legally uses the drug in his home country. He conceded that for a time before he became a legal medical marijuana patient, he’d smoked the drug on occasion recreationally – before Canada had a legal marijuana program. This apparently was enough to trigger the ban.

And of course, while Washington state allows visitors and residents alike to purchase, possess and privately use the drug (with some restrictions), marijuana is still illegal under federal law. And federal law is what governs the U.S. Customs and Border Patrol. Although he wasn’t carrying any marijuana with him when he tried to cross the border, he can still be denied access because, U.S. law states that any foreign national who admits to violating his or her country’s own controlled substance laws at some point previously can be deemed ineligible for admission into the U.S.

Harvey now says he wished he simply would have lied and avoided the trouble. And in all likelihood, that’s what’s going to happen in the future for others.

In Canada, marijuana has been legal as medicine since 2001, following a Canadian Court of Appeal ruling that declared medical marijuana prohibition unconstitutional. In recent years, Canadian Prime Minister Justin Trudeau and his Liberal Party have pledged support to legalization of marijuana for recreational purposes, arguing criminal drug sanctions are ineffective and it will be easier to keep the drug out of children’s hands if it’s tightly regulated by the government.

Unfortunately, Harvey isn’t the only Canadian citizen who has had to grapple with U.S. entry issues after admitting marijuana use. Immigration lawyers say dozens of cases crop up every month. Generally, those crossing the U.S./ Canada border aren’t questioned about their prior drug use, but border patrol officers can use their discretion. Those who have been denied access to the U.S. based on past criminal conduct can still in some cases enter, but they have to apply for an advanced permission permit, which costs $585 and has to be renewed every few years. Interestingly, other types of criminal actions – such as a DUI conviction – won’t prohibit entry. Meanwhile, people can be denied entry not for current use of the drug, but for years-ago unlawful use.

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

Additional Resources:

Canadian official slams marijuana policy on U.S. border as ‘ludicrous’, Sept. 12, 2016, By Christopher Ingraham, The Washington Post

More Blog Entries: Will Marijuana Help Elect Clinton? Sept. 9, 2016, L.A. Marijuana Lawyer Blog