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        <title><![CDATA[L.A. business attorney marijuana - Cannabis Law Group]]></title>
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        <description><![CDATA[Cannabis Law Group's Website]]></description>
        <lastBuildDate>Sat, 15 Sep 2018 15:08:21 GMT</lastBuildDate>
        
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                <title><![CDATA[Wild Wild West of Marijuana Businesses Coming to an End]]></title>
                <link>https://www.los-angeles-marijuana-lawyer.com/blog/wild-wild-west-of-marijuana-businesses-coming-to-an-end/</link>
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                <dc:creator><![CDATA[Cannabis Law Group]]></dc:creator>
                <pubDate>Sat, 15 Sep 2018 15:08:21 GMT</pubDate>
                
                    <category><![CDATA[Los Angeles Marijuana Dispensaries]]></category>
                
                
                    <category><![CDATA[criminal defense attorney L.A.]]></category>
                
                    <category><![CDATA[L.A. business attorney marijuana]]></category>
                
                    <category><![CDATA[L.A. business lawyers marijuana]]></category>
                
                    <category><![CDATA[L.A. marijuana arrest lawyer]]></category>
                
                    <category><![CDATA[L.A. marijuana business lawyer]]></category>
                
                
                
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                <description><![CDATA[<p>A major part of the work our legal team is involved with includes helping marijuana businesses establish themselves 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&hellip;</p>
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<p>A major part of the work our legal team is involved with includes helping marijuana businesses establish themselves</p>


<p> 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.</p>


<p>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 <a href="http://www.latimes.com/local/lanow/la-me-ln-marijuana-los-angeles-charges-20180907-story.html" rel="noopener noreferrer" target="_blank">Los Angeles Times</a>. 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 <a href="https://legiscan.com/CA/text/SB94/id/1637341" rel="noopener noreferrer" target="_blank">Medicinal and Adult-Use Cannabis Regulation and Safety Act</a> 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. <a href="/services/legal-compliance-business-consulting-and-other-services/" rel="noopener noreferrer" target="_blank">marijuana business lawyers</a> 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.</p>


<p>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.</p>


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


<p><em>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.</em></p>


<p>Additional Resources:</p>


<p><a href="https://hightimes.com/news/over-500-charged-la-connection-unlicensed-marijuana-businesses/" rel="noopener noreferrer" target="_blank">Over 500 Charged in LA in Connection to Unlicensed Marijuana Businesses</a>, by Nick Lindsey, Sept. 7, 2018, High Times</p>


<p>More Blog Entries:</p>


<p><a href="https://www.marijuanalawyerblog.com/unlicensed-marijuana-firms-in-l-a-face-wrath-of-city-police-prosecutors/" rel="noopener noreferrer" target="_blank">Unlicensed Marijuana Firms in L.A. Face Wrath of City Police, Prosecutors</a>, June 4, 2018, Cannabis Law Group</p>


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                <title><![CDATA[Illinois Putting Stop to So-Called Synthetic Cannabis]]></title>
                <link>https://www.los-angeles-marijuana-lawyer.com/blog/illinois-putting-stop-to-so-called-synthetic-cannabis/</link>
                <guid isPermaLink="true">https://www.los-angeles-marijuana-lawyer.com/blog/illinois-putting-stop-to-so-called-synthetic-cannabis/</guid>
                <dc:creator><![CDATA[Cannabis Law Group]]></dc:creator>
                <pubDate>Sun, 13 May 2018 14:10:32 GMT</pubDate>
                
                    <category><![CDATA[California marijuana business lawyers]]></category>
                
                    <category><![CDATA[Los Angeles Marijuana Dispensaries]]></category>
                
                
                    <category><![CDATA[L.A. business attorney marijuana]]></category>
                
                    <category><![CDATA[Los Angeles cannabis business attorney]]></category>
                
                    <category><![CDATA[Los Angeles cannabis business lawyers]]></category>
                
                
                
                    <media:thumbnail url="https://los-angeles-marijuana-lawyer-com.justia.site/wp-content/uploads/sites/1058/2018/05/herbs-spices-and-seasoning-3-1324285-639x416-1.jpg" />
                
                <description><![CDATA[<p>Spice, K2, synthetic marijuana: whatever you call it, we know these alleged cannabis knockoffs have about as much in common with the natural drug as a circle to a square. Lawmakers have long been chasing down these dangerous substances, to no avail. But the Illinois State Senate is taking steps to close loopholes that manufacturers&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>Spice, K2, synthetic marijuana: whatever you call it, we know these alleged cannabis knockoffs have about as much</p>


<p> in common with the natural drug as a circle to a square. Lawmakers have long been chasing down these dangerous substances, to no avail. But the Illinois State Senate is taking steps to close loopholes that manufacturers have been manipulating once and for all, according to <a href="http://www.chicagotribune.com/news/local/politics/ct-met-illinois-legislature-synthetic-marijuana-20180510-story.html" rel="noopener noreferrer" target="_blank">Chicago Tribune</a>.</p>


<p><a href="http://www.ilga.gov/legislation/BillStatus.asp?DocNum=2341&GAID=14&DocTypeID=SB&LegId=108856&SessionID=91&GA=100" rel="noopener noreferrer" target="_blank">SB-2341</a> would expand the list of Schedule I controlled substances to include all synthetic cannabinoids not approved by the U.S. Food and Drug Administration. This is a departure from current methods to control the substance, which has largely involved outlawing by formula. As our cannabis business attorneys can attest, this has so far been a fruitless system of control because each time a formula or chemical is outlawed, manufacturers alter it enough that it qualifies as a new substance. Just like that, a new synthetic cannabinoid is back on the market, but not necessarily any safer. The new law, if passed, would put the onus of proof on the manufacturer that a synthetic cannabinoid is safe rather than government officials proving the substances to be dangerous after they have already hit the market. This change is long overdue. Just recently in Illinois alone, a formula mixed with rat poison has made the rounds leading to four deaths and more than 150 hospitalizations from coughing up blood or having blood in urine or in the nose. This doesn’t account for all the harm the synthetics have done over the past decade under all the other formulas, even without rat poison. Documented effects in the past have included brain bleeding, heart attacks, seizures, and strokes. Synthetic cannabinoids have also seen some popularity with military and allegedly sent several dozen soldier and Marines to the hospital earlier this year.</p>


<p>While key chemicals have been outlawed over the years, the manmade concoctions always try to replicate the high of cannabis by triggering the same receptors that are affected by THC, with far more hazardous results. Also on the banned list are synthetic cathinone (which you may know by its street name “bath salts”) and piperazine (which mimics the effects of ecstasy).</p>


<p>Our <a href="/services/legal-compliance-business-consulting-and-other-services/" rel="noopener noreferrer" target="_blank">cannabis business</a> attorneys in Los Angeles applaud all efforts to put a stop to so-called synthetic marijuana. Not only is it proven to be unsafe, but it also is giving a bad name to natural cannabis products and the upstanding business owners we represent. Manufacturers, often located in China, saw a demand for marijuana in the United States that could not be filled by the real deal due to the <a href="https://www.gpo.gov/fdsys/pkg/USCODE-2011-title21/html/USCODE-2011-title21-chap13-subchapI-partB-sec812.htm" rel="noopener noreferrer" target="_blank">Controlled Substances Act, 21 U.S.C. Section 812</a>. So they created compounds that could mimic the sensations and have been chasing the market ever since. The promise to deliver the same feeling was very appealing to people who appreciated marijuana but were concerned about breaking the law. Such a shame that our country’s unfounded fear of cannabis has sent law-abiding citizens right into the arms of a truly dangerous drug. It’s time to once and for all ban these unstable, manmade knockoffs and declassify good old fashion marijuana in all its natural glory.</p>


<p><em>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.</em></p>


<p>Additional Resources:</p>


<p><a href="https://www.scientificamerican.com/article/the-spice-of-death-the-science-behind-tainted-synthetic-marijuana/" rel="noopener noreferrer" target="_blank">The Spice of Death: The Science behind Tainted “Synthetic Marijuana”</a>, April , 17, 2018, By Devin Powell, Scientific American</p>


<p>More Blog Entries:</p>


<p><a href="/blog/feds-consider-marijuana-to-be-criminal-while-legal-knockoffs-hospitalize-users/" rel="noopener noreferrer" target="_blank">Feds Consider Marijuana to be Criminal, While Legal Knockoffs Hospitalize Users</a>, April 12, 2018, Cannabis Law Group</p>


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                <title><![CDATA[DOJ: Marijuana Businesses Will Not Receive Bankruptcy Aid]]></title>
                <link>https://www.los-angeles-marijuana-lawyer.com/blog/doj-marijuana-businesses-will-not-receive-bankruptcy-aid/</link>
                <guid isPermaLink="true">https://www.los-angeles-marijuana-lawyer.com/blog/doj-marijuana-businesses-will-not-receive-bankruptcy-aid/</guid>
                <dc:creator><![CDATA[Cannabis Law Group]]></dc:creator>
                <pubDate>Fri, 15 Dec 2017 14:43:48 GMT</pubDate>
                
                    <category><![CDATA[California marijuana business lawyers]]></category>
                
                
                    <category><![CDATA[L.A. business attorney marijuana]]></category>
                
                    <category><![CDATA[L.A. business lawyer]]></category>
                
                    <category><![CDATA[L.A. marijuana business attorney]]></category>
                
                
                
                <description><![CDATA[<p>Marijuana business owners have many reasons to carefully manage their assets. Now, a recently-published article by the U.S. Department of Justice’s Executive Office for U.S. Trustees gives another: Marijuana businesses cannot expect help with liquidation or restructuring in the event of bankruptcy. The executive office for trustees is the watchdog agency over bankruptcy proceedings. Like&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>Marijuana business owners have many reasons to carefully manage their assets. Now, a recently-published article by the U.S. Department of Justice’s Executive Office for U.S. Trustees gives another: Marijuana businesses cannot expect help with liquidation or restructuring in the event of bankruptcy. The executive office for trustees is the watchdog agency over bankruptcy proceedings. </p>

<div class="wp-block-image alignright">
<figure class="is-resized"><img decoding="async" alt="marijuana business lawyer" src="/static/2017/12/piggybank1-225x300.jpg" style="width:225px;height:300px" /></figure>
</div>

<p>Like so many complex legal issues for cannabis business owners, this comes down to the conflict between state and federal law. Although California voters approved the legalization of recreational marijuana with <a href="https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB64" rel="noopener noreferrer" target="_blank">Proposition 64</a> last year (and medical marijuana more than 20 years prior), it is still an illegal Schedule I substance under <a href="https://www.dea.gov/druginfo/csa.shtml" rel="noopener noreferrer" target="_blank">21 U.S.C. Section 811</a>, the Controlled Substances Act.</p>


<p>Per the recent article Justice Department officials published in the ABI Journal, the bankruptcy system cannot be used by cannabis businesses because:
</p>


<ul class="wp-block-list">
<li>Bankruptcy cannot be used as an instrument in the ongoing commission of a crime, and thus reorganization plans that allow or require the continuation of illegal activity can’t be confirmed;</li>
<li>Bankruptcy trustees and other fiduciaries of estates cannot be made to administer asserts if the act of doing so would necessitate violation of federal criminal law.</li>
</ul>


<p>This is most unfortunate because bankruptcy is a vehicle through which businesses can be salvaged and emerge more financially sound. Many businesses face insurmountable financial problems, and the cannabis industry is more unstable than most. Chapter 7 bankruptcy allows a company to liquidate the business and discharge debts, while a Chapter 11 bankruptcy helps a business temporarily suspend certain obligations while preparing a reorganization plan. Chapter 7 may provide a means to start an entirely new business by shedding the obligations and burdens of the last, while Chapter 11 allows business owners to take steps to salvage the business already in operation. There is also the option of a <a href="http://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-13-bankruptcy-basics" rel="noopener noreferrer" target="_blank">Chapter 13 bankruptcy</a>, described as a “wage earner’s plan,” giving those with regular income a plan to repay all or part of their debts.</p>


<p>The DOJ officials say the law against handling marijuana business asserts extends beyond simply directly contact with the plant. In their interpretation, it extends to investments and real estate leases. That’s because, they say, the Controlled Substances Act does not differentiate from grower or seller of the marijuana and other “downstream” participants in what is characterized as a federal crime.</p>


<p>This article follows up on a <a href="https://www.justice.gov/ust/file/marijuana_assets.pdf/download" rel="noopener noreferrer" target="_blank">memo</a> issued by the same officials in April, urging private trustees in charge of administration of bankruptcy cases to report any cannabis activity to the DOJ.</p>


<p>The officials argued that bankruptcy for cannabis companies may be distinct from other cases involving asserts that are illegally-derived (i.e., Ponzi schemes) in that they openly posit continued operation of illegal activity, both during and after the bankruptcy proceeding. Those filing for bankruptcy after, say, fraud, almost always assert the criminal activity has stopped at the time of the filing.</p>


<p>This memo comes at a time of great uncertainty for California marijuana businesses, given that U.S. Attorney General Jeff Sessions has said his agency is actively exploring possible changes to the official hands-off approach of the later Obama-era DOJ concerning marijuana in states where the plant is legal.</p>


<p>Our <a href="/about-the-firm/" rel="noopener noreferrer" target="_blank">marijuana business attorneys</a> in Los Angeles are committed to helping cannabis companies navigate the tricky legal landscape and protect their practice and their pocketbooks.</p>


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


<p>Additional Resources:</p>


<p><a href="https://www.forbes.com/sites/tomangell/2017/12/05/no-bankruptcy-aid-for-marijuana-businesses-justice-department-officials-say/#6acefddc3e5d" rel="noopener noreferrer" target="_blank">No Bankruptcy Aid For Marijuana Businesses, Justice Department Officials Say</a>, Dec. 5, 2017, By Tom Angell, Forbes.com</p>


<p>More Blog Entries:</p>


<p><a href="/blog/expanding-cannabis-business-zones-means-city-regulations-consider/" rel="bookmark noopener" target="_blank" title="Permalink to Expanding Cannabis Business Zones Means More City Regulations to Consider">Expanding Cannabis Business Zones Means More City Regulations to Consider</a>, Nov. 28, 2017, L.A. Marijuana Business Lawyer Blog</p>


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