Approved by the majority in the California legislature and the governor on Sept. 30, the law (which creates creates Section 11361.9 to the California Health and Safety Code) is in direct response to the Control, Regulate and Tax Adult Use of Marijuana Act, and requires the Department of Justice by July 2019 to review state records and identify those prior convictions that may possibly be eligible for recall, dismissal of sentence, dismissal, sealing or redesignation under the new law. The state Justice Department will then be required to notify prosecutors of all cases in their jurisdiction that meet this requirement. Then prosecutors must, by July 2020, review all those cases to ascertain whether they wish to challenge the DOJ’s recommendation. If there is no challenge, the bill requires the department to modify the criminal history information in its database in accordance with the bill within 30 days (by July 31, 2020), and to update the post on its website. The state will be required to reimburse local agencies and school districts for whatever costs are incurred by the state as a result of putting this law into effect.

The state will prioritize cases of those individuals currently serving a sentence or who proactively petition for recall or dismissal of sentence, dismissal and sealing or redesignation (emphasis added). That means that if you take matters into your own hands to ask the state to make your case a priority – and complete the process sooner – you may well have your record cleared before the July 2020 deadline. That could be major for many people with existing criminal records, who may be prevented from important educational, career and housing opportunities, as well as those who may be in the midst of a child custody dispute during which a drug conviction could adversely impact the outcome.

California isn’t the first state to take legislative action to allow retroactive remedy for those with prior cannabis convictions. Oregon did so when it legalized marijuana four years ago. Similar laws exist too in Massachusetts, New Hampshire, Massachusetts and Maryland. Cities like San Francisco and San Diego also have laws that give those with prior convictions on certain marijuana crimes (possession, cultivation and manufacturing) to have avenues to have their records expunged or sealed. However, this is the first statewide measure that effectively automates that process. It’s estimated nearly 220,000 Californians will benefit from this process.

However, if you want a faster path to having your marijuana criminal record expunged, speaking with an Orange County marijuana lawyer with experience in criminal defense and evolving marijuana laws is your best option.

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

Additional Resources:

Marijuana reform: New California law gives people with records a do-over, Oct. 1, 2018, By Lindsay Schnell, USA Today

More Blog Entries:

Danger of ‘De Facto” Cannabis Legalization for California Neighbors, Oct. 7, 2018, Orange County Marijuana Defense Attorney Blog

But as the market grows, our L.A. marijuana business attorneys cannot stress enough how important it is that whatever you niche, you need an attorney to help you navigate through the complex process of state law and local regulation. Failure to do so can end up costing you a substantial sum in the long run.

Although it seems everyone is finding a niche in the cannabis market, there are some main umbrellas under which most of these operations fall:

• Cultivation
• Infused products
• Retail sales

Grow operations tend to be heavily regulated, require large upfront investment and horticultural background. Infused products are produced for recreational users or medical marijuana patients who may prefer edible forms of marijuana, and safety of these products is paramount. Retail service stores are often the priciest and toughest to launch, but can be among the most lucrative.

With any of these, you need to be aware of the existing regulatory environment and potential uncertainties, given the fact that marijuana is still considered a Schedule I narcotic under federal law. One most consider costs, residency requirements, impact of prior criminal records, potential risk, timing (often months for a license) and how you will structure all this with partners and investors.

One will also need to determine the type of legal structure you’re going to use for tax purposes, such as:

• Sole proprietorship;
• General partnership;
• Limited liability company (LLC)
• Corporation

Note too that Proposition 64 requires that you be totally compliant with the Bureau of Marijuana Control (responsible for licensing and regulation of marijuana businesses in California) and that you be sure your licensing and compliance is fully intact before you begin operations. Failure to do so may result not only in shut down of your business, but also potentially criminal charges. Entrepreneurs wading into the L.A. marijuana industry have invested too much of their time, their money and creativity to leave these elements to chance.

If you have a marijuana facility that was already operating in compliance with local ordinances on or before Jan. 1, 2018, you are likely allowed to continue operation until such time as your license is approved or denied, per AB No. 266.

You should also know that dozens of California cities in the last year have updated or established new local policies on marijuana cultivation, manufacturing and retail. New changes are being made constantly. So whether you have an existing marijuana business or are planning to launch a new one or are thinking of expanding, you need to consult with an L.A. marijuana lawyer in California who has been involved in marijuana business strategy and legal solutions from the very beginning.

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

Additional Resources:

Budding Cannabis Business Expo Sprouts in Downtown Los Angeles, Sept. 27, 2018, By Aliya Jasmine, NBC-4

More Blog Entries:

“Think About the Children” Goes Both Ways When It Comes to Marijuana, Sept. 14, 2018, L.A. Marijuana Lawyer Blog

work in states where marijuana has been legalized by allowing them to benefit from their state’s laws without fear of losing their job. HR-6589, the Fairness in Federal Drug Testing Under States Laws Act, would protect the employment of anyone working for or applying to work for a local office serving the federal government who is caught using cannabis so long as the person is abiding by proper state laws, according to a report from Washington Times.

The bill was introduced by Reps. Charlie Crist (D-Florida) and Drew Ferguson (R-Georgia) once again proving cannabis is an issue that truly brings people together across the aisle.

In many ways, one would not know that marijuana is prohibited by federal law in the United States. In 30 states and Washington, D.C., cannabis has been legalized for medical use, with about a third of those permitting recreational use. While more than half of the states in the U.S. have legalized some form of marijuana, many Americans still have to make careful decisions about whether or not to consume for the sake of their careers. Even where cannabis is legal, employers are perfectly within their rights to drug test and to hold employees accountable for marijuana found in their systems. This includes employees who have a recommendation from their doctor. It becomes even more complicated when the employer serves the federal government. Federal employers must abide by federal law, regardless of the state in which they are located.

Many employers are finding that testing their employees for cannabis use does more harm than good, scaring away talented candidates who have done nothing wrong except follow the medical advice of a physician. These employers defer to state law rather than federal law and do not hold tests showing THC. Federal employers do not have the ability to defer to state law, but this bill would rectify this disparity. In either case, employers can still punish an employee if there is probable cause to believe the worker is under the influence while on the job. The bill also would still not allow employees who have top secret clearance or who have access to highly sensitive information to partake.

As our L.A. marijuana lawyers can attest, drug testing for cannabis is not a reliable way to prove that marijuana use is overlapping one’s professional life. The effects of cannabis usually wear off within a few hours, depending on the method of ingestion, but will remain in the system long enough to show up on a drug test roughly two weeks later. More so, without suspicion that an employee is high on the job, cannabis simply should not be a concern to employers. It is ridiculous that hundreds of thousands of people are now reaping the benefits of cannabis, yet we are still clinging to the notion that somehow by doing so, they could be unfit for work. Our legal team hopes this bill will make life easier for federal employees and will set an example for all employers.

Additional Resources:

New Bill Aims To Protect Employees In Legal States From Being Punished For Consuming Cannabis, July 28, 2018, By Calvin Hughes and James McClure, Civilized

More Blog Entries:

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

The measure had to garner a minimum of 600,000 valid voter signatures to qualify for consideration. A random sampling of those signatures by the state election’s office proved there were enough, numerous outlets reported.

A spokesperson for the initiative, the Adult Use of Marijuana Act, said the approval marks the start of a step away from the expensive, harmful and ultimately ineffective prohibition on the responsible, legal use of adult marijuana use.

Our California cannabis lawyers know the majority of residents in this state – including across party lines – agree that marijuana needs to be legal.

Of course, California was the first state to legalize the drug for medicinal purposes back in 1996. However, our state has been behind the curve on the recreational marijuana front. Already, Colorado, Washington State, Oregon, Alaska and Washington, D.C. have all approved the drug for recreational use. As it now stands, voters in Maine and Nevada are slated to consider similar initiatives in November. Arizona and Massachusetts too will probably be in the same boat, though those actions haven’t yet been formalized. Michigan too may join those ranks, though it faces an uphill battle.

Although any one of those states will be a victory for the marijuana industry, California has been titled, “The Big Enchilada.” We have 38 million people in this state. If recreational marijuana were approved here, it would more than double the market. This state represents more than 10 percent of the entire U.S. population. Already, marijuana is a multi-million dollar industry – and that’s just for medicinal marijuana available to those with a valid prescription. If recreational marijuana became a reality in California, it’s very likely the industry would balloon to a multi-billion dollar one.

The likelihood of it actually happening here? According to a number of polls: Very good.

The Public Policy Institute of California ascertained recently that overall public support for legal marijuana was about 55 percent. However, among likely voters, support was 60 percent.

Another study, but Probolsky Research poll reached a similar conclusion – 59.6 percent support for the measure.

The measure also has significant financial backing: The fundraising committee for the measure has raised some $4 million this year. That dwarfs the amount raised for the Coalition of Responsible Drug Policies, which was the initiative introduced by state and local law enforcement agencies.

It won’t be the first time the state has considered such a measure. Back in 2010, Proposition 19 asked voters to approve recreational marijuana, and they turned it down. But it’s not 2010 anymore. Not only have attitudes toward recreational marijuana evolved, but this is a presidential election year. That means voter turnout is likely to be much higher than it was six years ago.

If approved, the measure would allow:

• Adults 21-and-older to possess small and grow small amounts of marijuana for personal use;
• Introduce regulation of marijuana similar to the alcohol industry;
• Funnel revenues into teen drug prevention and treatment, law enforcement training and economic development in communities disproportionately impacted by marijuana prohibition.

Our California marijuana lawyers offer representation to individuals, businesses and caretakers.

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

Additional Resources:

It’s Official: California Will Vote on Marijuana in November, June 29, 2016, By Phillip Smith, StopTheDrugWar.org

More Blog Entries:

CDC: Increased Marijuana Access Linked to Lower Teen Use Rates, July 15, 2016, L.A. Marijuana Lawyer Blog