while remaining in compliance with local and state regulations and laws. What happens, though, when a company is found to be in violation of one of those rules? Many businesses are beginning to find out as authorities ramp up efforts to wrangle illegal, unlicensed, and non-compliant marijuana operations in California. Recently more than 500 people were charged with misdemeanors in Los Angeles for their participation in illegal activity at 105 marijuana businesses in the city.

Those charged could face up to six months in jail and a $1,000 in fines for operating marijuana businesses without a license. The crackdown included not only dispensaries, but also extraction labs, cultivation sites, and delivery services, according to Los Angeles Times. Judges have been hearing cases associated with this series of investigations since May, and arraignments will carry into the end of October. So far, 21 have pleaded no contest or guilty and 11 have been dismissed. Other violations included not following security locations or not following rules regarding the business’s location, such as being too close to a school. With the proper future licensing and guidance, some of these businesses could still have a future, but major infractions like location will mean some will have to practically start over from scratch if they hope to continue in the industry. Many have argued excess regulation, monstrously high taxes, and difficulty acquiring licensing have driven marijuana business owners to operate without being in full compliance. In some areas, after state and local taxes are combined, the amount cannabis product is being taxed is up to 50 percent. Business owners who had licenses back when just medical marijuana was legal in California found themselves having to reapply for licenses once the Medicinal and Adult-Use Cannabis Regulation and Safety Act was passed, consolidating guidelines for both medical and recreational marketplaces. Some struggled to align with the new law, even though they had already had been operating for years. While our skilled L.A. marijuana business lawyers agree there is too much red tape holding local business owners back, we also know that citing burdensome rules is not an affirmative defense in court should you get busted.

As Los Angeles City Attorney Mike Feuer has pointed out, clamping down on unregulated and illegal activity is not just about punishing non-compliant businesses. It’s about creating a fair environment for the 165 businesses operating with licenses in the city. They, too, are facing the same challenges as all of the other businesses, but additionally must compete with operators who are padding out their bottom line by cutting corners. This is why our marijuana business attorneys focus so much of our efforts on helping business owners with licensing, business plans, consulting, and compliance. We have said from the beginning that the best way to ensure the strong and successful longevity of your business is to build compliance into your foundation, and a consultation with our firm is the best first step in building that foundation. We want to help businesses before they find themselves in court.

Our marijuana arrest lawyers also have the experience you need, though, should you not take these steps find yourself in trouble with the law.

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:

Over 500 Charged in LA in Connection to Unlicensed Marijuana Businesses, by Nick Lindsey, Sept. 7, 2018, High Times

More Blog Entries:

Unlicensed Marijuana Firms in L.A. Face Wrath of City Police, Prosecutors, June 4, 2018, Cannabis Law Group

of the trailblazing marijuana business owners in the state isn’t even necessarily enough. Just ask the woman who opened Ventura County’s first legal medical marijuana dispensary. She has spent the last year and a half facing down charges for perjury, possessing and transporting marijuana, and maintaining a place to sell the drug. These charges, however, were recently dropped, freeing her to focus on her business at last.

The woman is also president of a collective in Ojai, Calif. The property of the collective and her own home in Ventura were raided in November 2016, just before Proposition 64 passed on the ballot. She lost many personal possessions in addition to property of the collective. At the time, the collective was operating under the guidelines of Compassionate Use Act of 1996, which regulated use and sales of medical marijuana in the state, but investigators said she was in violation of those rules, according to a Ventura County Star article.As our Los Angeles marijuana criminal defense attorneys can explain, collectives are allowed to grow limited amounts of marijuana and share among members of the group, including deliveries to those members. They could not share outside the group, and they should only charge as much as necessary to cover the costs of growing marijuana, but not enough to turn a profit. Any suspicion of violating these rules could draw the attention of officials, as in the case at hand. The collective president said she aimed for compliance at all times and alleged she made every effort to work with county and city officials. She even alleged she met with one official just a couple months before the raid, who responded to her questions by brushing off her concerns until November, pointing to the Prop 64 vote and the ways it could change how matters are handled. This made it more surprising for her when she was raided before the vote.

Charges were dropped, however, because prosecutors could not prove their case beyond reasonable doubt. She never let the case drag her down too much. About a year after the raid, while still waiting for her fate, was when she opened the first medical cannabis dispensary in the county.

No doubt this business owner is relieved to be moving on with her life. But situations like this are where the guidance of skilled marijuana attorneys can really make all the difference. Our law firm offers consultations for medical marijuana collectives, offering advice on how to become established in a way that remains in compliance with state and local laws. Instead of trying to interpret the law on your own, our experienced team will explain all the laws that apply to your current situation and location. There is no need to attempt to understand the motives of local officials who might not have your best interest at heart. Instead, rely on a tested legal team to set your course for success. Remember, though, if things do go south, our criminal defense lawyers will be there to protect your rights and build the best case possible.

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:

420 Warrior Of The Month: Chelsea Sutula, May 30, 2018, By Teddy Edwards, 420 Magazine

More Blog Entries:

California Authorities Caught on Hidden Camera During Cannabis Collective Raid, June 30, 2015, Cannabis Law Group

police departments who allegedly are targeting businesses while transporting cannabis and seizing their delivery and cash. North Coast Journal conducted an investigation of these cases and found a pattern of confiscations over the past three years without any charges ever being filed against the drivers. Each of the incidents allegedly occurred during traffic stops with local police officers, and some said they were not even in the jurisdiction of that department when the stops were made.

It is not unusual that officers would share duties with other departments near major highways, like Highway 101, to patrol those long stretches of road. It’s not even unusual that they would be intercepting illegal drug transports, as the department in question was part of joint efforts to go after cocaine, meth, opioids, ecstasy, and methamphetamines. Also on the list of targeted drugs, though, was marijuana, and drivers alleged officers showed no interest in whether or not drivers were in compliance with state and local laws. One driver described a briefcase full of all necessary paperwork he carried on his route in case he was pulled over, but it allegedly did not protect him, and the contents of his vehicle were confiscated.This is one of the many ways the gray area between state marijuana legalization and the federal ban really hurts residents. Police can still monitor cannabis activity under the premise that they are searching for illegal behavior at the state level, such as unlicensed businesses or transporting between states. Then, should they choose, police might still cite Controlled Substances Act, 21 U.S.C. Section 812, which classifies cannabis as a Schedule I narcotic. Or, as these drivers claim, police could simply never file a charge so you don’t get your day in court. The uncertainty of the rights of business owners in the face of federal law has left them vulnerable to unfair police practices.

Cracking down on drug trafficking has its perks, including the ability of the local police departments and the district attorney to seize a cut of money confiscated during suspected crimes, a process known as civil asset forfeiture. Add in the fact that police know legitimate marijuana business owners are transporting sizable amounts of cannabis to delivery points, as well as cash, due to the fact that federal restrictions of marijuana make it impossible to use traditional banking, and you have a recipe for potential corruption.

State and local laws surrounding marijuana were created specifically to protect those who chose to establish cannabis businesses in California. That’s why it’s essential you call on the experience of our skilled Los Angeles cannabis criminal defense lawyers should you find yourself in a run-in with police. It’s completely understandable that you would be confused facing up against law enforcement officers who are claiming you are in the wrong even when you have done your compliance due diligence. With a trusted cannabis attorney on your side, you will have a legal team with a tested understanding of all marijuana laws who will act as a strong advocate 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:

How Cops Could Cash in on Legal Weed in California, Dec. 18, 2017, By Max Rivlin-Nadler, Vice

More Blog Entries:

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

place, it’s time to get your house in order with the help of a trusted legal team. The city attorney and Los Angeles Police Department have made clear their commitment to ending the unlicensed marijuana marketplace in the city and have already filed 36 criminal cases, according to High Times. Punishments could include fines up to $1,000 and even jail time. Other shops are receiving cease-and-desist letters, and officials hope this round of charges will show others that they mean business.

These raids did not come without warning. Earlier in the year, officials from California Bureau of Cannabis Control sent warning letters to several hundred businesses they knew to be operating without licenses and promised civil and criminal action should they continue operating illegally. This is all good news for licensed cannabis business owners who have had to face stiff competition from a vast unregulated network. Applying for licenses and remaining in compliance both cost time and money, so those businesses that cut corners have a distinct advantage over those playing by the rules. Cities and states had high hopes for revenue that would be generated after Proposition 64 went into effect and recreational marijuana became legal in the state. Excise taxes collected have not met quarterly estimates, however, with $34 million being collected in the first three months, shy of what is necessary for the state to meet it’s predicted $175 million in the first year. Many believe this is because there is not tax revenue coming in from the unlicensed businesses and that the retailers that are in compliance have to set prices higher and cannot compete. Leveling the playing field will be a positive step for licensed business owners.

However, our Los Angeles marijuana defense attorneys know it’s not so clear cut. Often times, businesses would like to be operating above board. But many of the limited licenses are being gobbled up by big conglomerates who have the resources and infrastructure to make large investments upfront. Other unlicensed operations are small businesses who simply cannot sustain with the flood of taxes being imposed on cannabis dispensaries, growers, and distributors. Still others used to be in compliance when only medical marijuana laws were in place but have not been able to obtain a license when the state switched over to the Medicinal and Adult-Use Cannabis Regulation and Safety Act. This law pooled all of the medical and recreational marijuana guidelines under one umbrella. Businesses who had been operating legally for years suddenly found themselves out in the cold if they could not obtain a new license right away. In order for the playing field to truly become level, there need to be some major adjustments with the process of establishing a business in the first place.

It’s one of the reasons our cannabis business attorneys work so hard to help cannabis operations apply for licenses, set sound business plans, offer advice on issues of compliance and provide consulting services as your business grows. With the help of an experienced legal team, businesses can clear some of the tricky obstacles of the marijuana retail business and set themselves up for success, while avoiding run-ins with local law enforcement in the future. Should you, however, find yourself on the wrong side of the law, our legal team also includes skilled criminal defense attorneys available to fight for you in court and help get you back on the right track. 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:

Report: Most CA Marijuana Businesses Unable to Get License or are Operating Illegally Without One, May 1, 2018, Medical Marijuana Inc. News

More Blog Entries:

Warning Letters Sent to Unlicensed Cannabis Businesses in California, Feb. 18, 2018, Cannabis Law Group

available to all adults on the infamous marijuana holiday of 4/20. While it is perfectly legal to enjoy the festivities, our experienced attorneys also know that Proposition 64 is not a free pass on all pot-related activities. Before imbibing in a safe and responsible way, keep in mind the laws remaining on the books per the CA Health and Safety Code, Division 10, Ch. 6, Article 2 could still result in criminal charges or civil citations.

The following is a list of a few major restrictions to keep in mind when enjoying the perks of recreational marijuana in California:

1. Public consumption: It is still generally illegal to ingest, smoke, or vaporize weed in a public place. There are some exceptions for state-licensed facilities with permission from local governments. Further, any non-smoking area is also off limits for smoking or vaporizing marijuana. It is also forbidden within 1,000 feet of a day care or school occupied by children (unless you are inside a private residence that falls within that perimeter).
2. Drugged driving: It should be a no-brainer that it is illegal to drive while under the influence of cannabis. As a recent article from The Sacramento Bee points out, taking one puff or consuming a small amount is not likely to cause impairment, much like a little alcohol is typically fine. However, it is more difficult to know where that line exists with marijuana. THC levels can vary widely, making it less clear what dose a person can consume without impairment. Marijuana can also set in slowly, meaning it could hit well after consumption, possibly while you’re on the road. This makes it difficult to judge simply by how you feel before you get in the car.Just like alcohol, drivers should be aware that open container laws also apply to cannabis. Open or unsealed containers of marijuana must be kept in the trunk, with the exception of those with a medical marijuana card. In those instances, cannabis can be in the main part of the vehicle, but still must be in a closed container. Our attorneys cannot emphasize enough, these laws also apply to passengers. The laws also apply to other motor vehicles, like boats and aircrafts.
3. Age restriction: You must be 21 years of age or older to consume cannabis recreationally. Period. The reasons for this restriction are not simply adults trying to ruin all the fun. Cannabis has been shown to potentially have a negative effect on developing brains, making young people who consume marijuana more susceptible to certain disorders.
4. Drug-free workplaces: Even if you have a super cool boss who doesn’t drug test and doesn’t mind if you use recreationally in your free time, chances are they do not approve of being under the influence while on the job. Don’t lose your career over something that can just as easily be enjoyed on your own time. And be extra cautious if you do not have a cool boss. California does not yet have in place protections for workers who test positive for cannabis, even though it’s legal in the state.

Our Los Angeles marijuana criminal defense lawyers first and foremost want everyone who is celebrating the “high holy day” to do so in a way that is safe. If you do find yourself in trouble, you need a skilled defense attorney like ours on your side who has the experience to provide strong representation for all marijuana-related criminal offenses.

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

Additional Resources:

California Cannabis Laws, California NORML

More Blog Entries:

Los Angeles Marijuana Lawyers Available to Represent 4/20 Arrestees, April 24, 2013, Los Angeles Marijuana Lawyers Blog

, it is almost laughable how many misguided politicians and policymakers are still fighting against it. It is clear to our experienced cannabis attorneys that this conundrum is exactly why many good law-abiding citizens turn to dangerous knockoff substances that have weaseled their way into the market. They do not want to break the law or fail drug tests, but they want to enjoy the benefits of marijuana.

“Synthetic cannabinoids” have been around for years, marketed as legal marijuana knockoffs, when their relation to marijuana stops at their cheeky branding and colorful packaging. Reports are rolling in from Michigan and Illinois of people using K2 or “Spice” and ending up in emergency rooms with uncontrollable bleeding, according to a report from Michigan’s WILX10. A representative from the Michigan Department of Health and Human Services claimed in the Midwest, more than 100 have been hospitalized and two have died from this drug. Other forms of so-called artificial pot in the past have reportedly caused side effects such as hallucinations, seizures, heart-rate issues, and other serious medical problems. You might be wondering if these types of drugs have been around for years and are so dangerous, why do they continue to be on the market? Our knowledgeable L.A. marijuana criminal defense attorneys can explain that producers of these drugs are using a pretty typical tactic to evade the law. When a substance is made illegal, it is based on the exact formula that makes up the compound. So when lawmakers pass a law banning a substance, producers only have to amend the formula slightly enough that is no longer is affected by the law. They then can flood the market and make a fine profit before officials catch on and start the long process of banning this new iteration. This is why even though the first version of “synthetic marijuana” was designed to try to mirror the real deal, it has changed so much that it has absolutely nothing in common, though it continues to smear the good name of cannabis.

Meanwhile, marijuana continues to be treated like toxic sludge by our federal government, which has steadfastly stood by the drug’s Schedule I classification under Controlled Substances Act, 21 U.S.C. Section 812. Because marijuana is a natural substance, those in the cannabis industry can’t just scramble the formula to push it past legal barriers, nor would they want to. They know cannabis, when grown, cultivated, and used in a responsible way, is a safe and effective drug, regardless of what its classification status claims. It can be used not only for medical purposes, but also for adults to enjoy as an alternative with fewer side effects to other recreational substances, such as alcohol.

Although many states are establishing laws and fighting for the rights of marijuana users and businesses, people across the country are still being treated like criminals for choosing a drug that is eons safer than legal knockoffs. Even in California with both medical and recreational legal guidelines in place through Medicinal and Adult-Use Cannabis Regulation and Safety Act, there are still wide swaths of the state with tight restrictions in place, continuing to treat marijuana users like criminals. That’s why our skilled defense attorneys are here to defend you should you find yourself in marijuana-related legal trouble in the Los Angeles area.

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:

Drug Testing Misses Synthetic Cannabinoids: Expert, April 6, 2016, Celia Vimont, Partnership for Drug-Free Kids

More Blog Entries:

Synthetic Marijuana Poses Serious Danger, July 19, 2016, Cannabis Law Group

in California (and regulating and taxing), it offers a unique opportunity for the state to make reparations of sort to the people and communities who have suffered the most from the destructive “War on Drugs,” which turned out to be more of a slanderous attack on marijuana and an assault on minorities. According to ACLU, most drug arrests between 2001-2010 were for marijuana, and a whopping 88% of those were for possession. Worse yet, black people were more than 3 times as likely to be arrested for marijuana-related crimes than white people despite having almost equal rates of use.

San Francisco and San Diego are leading the way in the state toward making amends for past marijuana-related crimes. The city’s district attorneys are proactively reviewing cases on the books and expunging misdemeanors that are no longer crimes, giving those who previously have been punished a clean slate. They also are checking for charges that can be reduced to lesser crimes.

But what about the rest of the state?Statewide, those with previous convictions can petition to have their cases reviewed and charges erased or reduced. Many, such as the district attorney’s offices in Sonoma and Mendocino counties, have cited lack of resources as the reason that they don’t review all cases, according to an article from The Press Democrat.

While our experienced marijuana criminal defense lawyers in Los Angeles applaud any and all efforts to undo the overly aggressive enforcement of marijuana-related crimes, we also know that a petition system will leave many in the dust, unaware they are eligible for such relief or uninformed about how to apply. These people will lose out on the benefits a revised record can bring, including making it easier to secure work and housing.

Others agree. Legislation has been proposed that if passed would take the efforts in San Francisco and San Diego all over the state, automatically putting all relevant cases up for review. And while resources certainly could be an issue for some areas, there’s no reason more of the state taxes from marijuana sales could not be allocated for this important cause.

Meanwhile, our attorneys can help you assess if your old convictions are eligible for review. We also are here to fight for your rights if you are currently battling criminal charges. Our law firm includes skilled attorneys who focus solely on criminal cases to give you the strongest support possible for your case.

Besides reviewing criminal records, many regions are using resources to make amends in other ways. For example, Oakland and Los Angeles are setting up social equity programs, which offer aide to those applying for marijuana business licenses who have previous cannabis convictions. In addition, those related to someone with a previous conviction would see favor, in an attempt to lift up families. The programs would also favor low-income applicants, particularly those from areas whose economies were deeply effected by widespread cannabis-related arrests.

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:

Petitions Required in Sonoma and Mendocino Counties to Clear, Reduce Pot-Related Crimes, Feb. 10. 2018, By Julie Johnson, The Press Democrat

More Blog Entries:

Two California Cities Erasing Misdemeanor Marijuana Convictions, Feb. 9, 2018, Marijuana Criminal Defense Lawyers Blog

It’s going to be something of an uphill battle for the plaintiffs, though, because they are going to be tasked with proving marijuana was the cause of this violent episode, even though violence is almost never associated with marijuana use.

The 44-year-old victim died in April 2014 after her husband shot her in the head. This was after he consumed several bites of an orange ginger taffy that contained marijuana. He’d reportedly purchased the candy at a retailer on South Colorado Boulevard in Denver. After being informed that the buyer was not an experienced user, the store clerk reportedly did tell him not to take too large of a dose, but it’s not exactly clear if he defined how much was too much. The whole taffy candy contained 100 milligrams of THC. State regulators consider this 10 times the normal dosage. The man didn’t eat the entire candy, but it’s not clear how much he consumed. Drug tests performed after the murder indicated he had a THC concentration of 2.3 nanograms per milliliter, which is less than half of what is considered by lawmakers in that state to constitute impairment by a driver. Still, the drug isn’t processed in the same way as, say, alcohol, so it’s not clear whether that is in fact an accurate determination of his level of impairment, particularly given that he was not a regular user.

Of course, while too much marijuana for an inexperienced user can amount to an unpleasant time, it rarely results in homicide. Still, plaintiffs’ attorneys are arguing that the manufacturers should have listed the THC content of each product directly on the package. Since this incident, products are limited to 100-milligrams per product and each 10-milligram dose has to be clearly marked and separately wrapped.

Those packaging rules still do not require any type of warning about the potential psychiatric side effects, which victim’s family members say should be mandated. There is a warning regarding the time between the consumption of marijuana edibles and realization of the full intoxicating effects.

One portion of this wrongful death lawsuit alleges the man consumed too much of the candy because he didn’t understand how long the delay could be.

Plaintiffs say this mess has resulted in the loss of both their parents, essentially. The youngest son, just 7-years-old when it all happened, watched his mother die. The siblings are now 9, 13 and 15, and are being raised by their mother’s parents and sister. Their father is awaiting trial on charges of first-degree murder. But it’s unclear whether the “marijuana made me do it” assertion is going to work in either the criminal or civil arena. In the civil case, plaintiffs are going to need to show that warnings would have made a difference.

As for the criminal case, Colorado law does not allow defendants to assert insanity on the basis of voluntary consumption of alcohol or any other psychoactive substance.

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

Additional Resources:

Lawsuit against marijuana company over deadly Denver shooting could be first of its kind, May 10, 2016, By Jordan Steffen, The Denver Post

More Blog Entries:

Cannabis Cultivators Scouring Legal Ways to Grow, Feb. 4, 2017, Colorado Marijuana Defense Lawyer Blog