The stakes for illegal marijuana businesses in Los Angeles are high. As our L.A. marijuana business attorneys can explain, getting caught can mean loss of businesses, loss of assets (including homes, cars and bank savings), severe fines and even criminal penalties. Some have even designated so-called “go-to-jail-guys” to take the fall in the event they are caught.

City leaders say the only power they wield against the unlawful firms at this point is to make it so that black market sales isn’t worth the profit. Local government only has limited means to make that happen, but the Los Angeles Daily News reports the city has vowed to start with their power sources.

The city announced it would be cracking down on hundreds of illegal marijuana businesses in Los Angeles City by authorizing the Department of Water and Power to shut off the utilities at dispensaries, farm operations and other sites that are allegedly operating unlawfully. If you are own or manage one of the sites where utilities are shut off, it may be a good time to consult with an experienced Los Angeles marijuana business attorney.

L.A. City Council Approves Ordinance to Fast-Track Weed Shop Shutdown

The measure passed 12-0, with city leaders asserting that cutting off electricity and water to the shops should make it impossible to do business.

Last fall, the city police chief informed council members there were hundreds of unlicensed marijuana businesses believed to be running throughout the city. Although the city does allow commercial cannabis to be sold for recreational use, any Los Angeles marijuana business must have the proper licensing from both the city and the state to operate lawfully. Otherwise, they risk not only the sudden impact of this crackdown, but also potential legal action from the federal government, which has been increasingly vigilant in taking action against shops whose practices fail to align with state law.

L.A. marijuana business attorneys at The Cannabis Law Group know one of the driving forces for elected city council officials is the flood of complaints that neighbors make to city hall, asserting that unlicensed marijuana grow and retail operations are crime magnets that make a fair number of residents feel unsafe. Whether that is reality or just perception is unclear. What we do know is that the black market is undercutting the lawful stores that are required by strict state regulations to track, test and pay taxes on their products.

With regard to the utilities at these sites, the city required the utilities department to have written confirmation in hand from the LAPD or other city agency that unlawful commercial cannabis activity was going on there AND a green light confirmation from the Los Angeles Department of Cannabis Regulation that the business does not have a proper marijuana business license per ordinance.

One city council member requested that such actions be followed immediately by the city’s building and safety department to follow up at these locations to make sure the operators haven’t simply hauled a generator on site to keep going.

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

Additional Resources:

LA City Council votes to shut off utilities at illegal marijuana shop, March 8, 2019, By Ethan Varian, Los Angeles Daily News

More Blog Entries:

New Cannabis Laws May Help Black War on Drugs’ Targets a Leg Up on Legal Pot, May 24, 2019, Los Angeles Marijuana Lawyer Blog

The impact of the heralded Cannabis Act creates uncertainty on both sides of the border. Americans want to know how the law might affect them when crossing into Canada and reentering. Canadian business people (particularly those in the cannabis industry) and tourists may have concerns for who they will be treated at the U.S. border.

Our L.A. marijuana lawyers would encourage anyone with specific questions – particularly as it relates to a cannabis business – to discuss these with an attorney before taking any action. Similarly, someone facing any type of criminal charges or other legal action should consult with a lawyer first. That said, here are a few general answers that may help clear the air.

What is Canada’s Marijuana Law?

The Cannabis Act establishes a tight legal framework that regulates control of production, distribution and sale of marijuana in the country of Canada. In addition to territorial or provincial restrictions, individuals over the age of 18 are allowed to legally have, grow or share marijuana in Canada.

How Will Canada’s Marijuana Law Impact U.S. Travelers?

It’s widely anticipated that U.S. citizens will be flocking to the northern border to engage in “marijuana tourism.” Those who are in Canada are legally permitted to purchase, use and possess marijuana (according to stated restrictions). They are also allowed to possess marijuana on air travel between two cities in Canada, so long as you are over 18 and your possession is within the legal limits. It’s important to understand, however, that certain provinces and territories may have different rules, as each is responsible for establishing, maintaining and enforcing their own measures. Provincial and local governments also have the right to limit where adults are able to openly consume marijuana, so it’s wise to read over the rules of that particular area before traveling.

Will Canada’s Law Have Any Impact on U.S. Citizens’ Return Travel?

Please, please, please take heed: No matter what Canada’s laws on marijuana, you cannot cross international borders with the drug in your possession. That INCLUDES traveling to a state like California, where some form of marijuana possession is allowable. This also applies to any product that contains marijuana – even if it is intended for medical use. If you do, you risk facing severe criminal penalties. It does not matter if it was an accident or unintended. If you are arrested by authorities for unlawful marijuana possession in U.S. Customs in California, please contact an experienced marijuana criminal defense lawyer immediately.

Will Canadians Who Use Marijuana Be Denied Entry to the U.S.?

Possibly. Federal law in the U.S. remains the same: Marijuana is a Schedule I controlled substance, classified in the same category as heroin. That supersedes any state law, and it extends to the growth, distribution, import, sale, possession AND use of marijuana or drug paraphernalia.

How Should Canadian Business Owners Navigate These Restrictions Traveling to the U.S.?

Contact a marijuana attorney prior to your travel plans. You may want to speak specifically with an L.A. marijuana attorney or one who is experienced in the state to which you are traveling. Many people make the mistake of interpreting the term “drug trafficking” to mean it pertains only to smuggling drugs. However, it can also simply mean “involvement” in drug sales and distribution. The fact that someone simply works abroad in the cannabis industry (including Canada) can mean one can be denied entry to the U.S. simply on this basis. This includes those traveling for a cannabis-related business conference or meeting in California, where the drug is legal.

The U.S. Customs and Border Patrol issued a statement indicating that a citizen in Canada working or facilitating proliferation of legal marijuana in Canada who is coming to the U.S. for reasons NOT related to the marijuana industry will “generally be admissible” to the U.S. However, if you’re traveling here for the purposes “related to the marijuana industry,” you may not be allowed entry.

Again, contact an experienced California marijuana attorney before you travel.

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

Additional Resources:

Marijuana is now legal in Canada, but buying and selling weed remains a challenge, Oct. 17, 2018, L.A. Marijuana Lawyer Blog

More Blog Entries:

California Marijuana Banking Attorneys: Navigating the Risks, Oct. 15, 2018, L.A. Marijuana Lawyer Blog

Of course, with the majority of states now allowing marijuana (California being the first with medical marijuana legalization in 1996), this is not an invalid concern – nor a new one. It’s true there is conflict when bordering states have different marijuana laws. Issues arise when people travel – for work or school or leisure – and what is perfectly legal in one state is criminalized in the next.

The biggest problem is that marijuana is forbidden under federal law, still considered a Schedule I narcotic, highly addictive and with no legitimate medicinal purpose. Of course, that’s laughable in reality, but U.S. drug policy hasn’t historically been closely aligned with medicine or science or smart public policy. And yet, it has lower schedule classifications for opioids and amphetamines, which are unequivocally more addictive and dangerous.

Meanwhile, states that outlaw the drug completely or have extremely strict medicinal marijuana laws worry they’ll soon have no other choice but to follow suit. For marijuana advocates though, the question is, “Why wouldn’t you want laws that make the most sense for the people you serve?”

The legal marijuana market thrives in places like California, Colorado and Nevada, while the U.S. government continues to classify it alongside substances like heroin and LSD. Although the Obama administration eased enforcement of federal marijuana laws with the Cole Memo, deferring marijuana criminal offenses to state and local prosecutors, Trump reversed this earlier this year. That means once again, any state-level effort to further the legalization of marijuana for recreation or medicine is going to face even more obstacles.

Nonetheless, legalization efforts are pressing ahead. New Jersey, for instance, is largely expected to make marijuana legal for adult use by close of 2018. Lawmakers in New York, Connecticut and Pennsylvania have initiated efforts to adopt recreational use laws. Even those in uber-conservative states like Kentucky are starting to shift their views. One House of Representatives officials said his position shifted earlier this year after meeting with a number of constituents, particularly in hearing the benefits of medical cannabis in communities grappling with the opioid crisis. He went on to sponsor a medical marijuana bill that later failed, but believes a new measure could still pass this year or possibly next. He still maintains he doesn’t want to see his state become “the Wild West,” but reasonable allowances should be made.

National support for medical marijuana is now at 90 percent. Backing of recreational laws is less strong, with some saying there should be a bright line between recreational and medicinal, and that states should not bow to pressure from large companies seeking to capitalize on this new market. They say it’s not about helping patients with cancer or epilepsy, but about ushering in de facto legalization of recreational use.

Even those who back legalization efforts don’t flat-out disagree, but say the “Reefer Madness” days are long gone, along with the stigma. L.A. marijuana lawyers would note that as this has become more accepted, as people see these above-board local businesses in their neighborhoods and reap the tax revenue, employment and economic benefits, they become less skeptical and fearful.

California served as the blueprint for medical marijuana, as well as for moving from that system to one allowing recreational marijuana, which became legal in January. California cannabis as an industry is expected to reach some $5 billion this year, and up to $25 billion by 2026. This isn’t something that’s gone unnoticed by industries of all kinds.

The truth of the matter is, far too many people are invested in legalization for us to go back now.

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

Additional Resources:

Marijuana skeptics fear ‘de facto legalization’ in states, Oct. 6, 2018, By Sam Sutton, Politico

More Blog Entries:

Wild Wild West of Marijuana Businesses Coming to an End, Sept. 15, 2018, L.A. Marijuana Lawyer Blog

The Racketeer Influenced and Corruption Organizations Act, commonly referred to as “RICO,” is a U.S. federal law providing criminal penalties as well as a civil cause of action for acts performed as part of an ongoing criminal organization. It was formed to target the mob.

According to one recent report, these lawsuits are part of a wider strategy nationally to “upend legal weed.” In Oregon, some law firms actually focus exclusively on suing marijuana businesses for racketeering under the RICO statute, 18 U.S.C. Chapter 96. As reported by Willamette Week, a single attorney represented a woman who has sued more than 200 businesses, all that had ever been involved with her neighbor, a single marijuana processing plant that squeezes the THC oil from the flower for use in cannabis-infused candies. That lawsuit alleged that every dispensary and grower that had ever done business with the neighbor conspired to commit crimes that damaged the value of plaintiff’s home. That crime was growing a product deemed illegal by federal law, specifically the Controlled Substances Act.

Aside from the immediate expense to the companies involved, the greater danger with marijuana RICO lawsuits is that if successful, they would be a potentially huge and expensive risk for cannabis companies next to annoyed neighbors. In Oregon particularly, many marijuana businesses are under immense financial strain because of the bargain basement wholesale prices thanks to an over-saturated market.

Plaintiff says that when neighbors grow marijuana next door, it slashes their own home prices because the smell wafting from the farm next door is powerful, “skunk-like” and unmistakable.”

The same attorney representing her has reportedly filed a number of complaints for others in rural Oregon targeting legal marijuana operations. One of those was settled out-of-court.

Attacking state-sanctioned marijuana businesses in courts using RICO is a novel use of the statute, but our L.A. marijuana attorneys recognize it is one that appears to be catching on in other areas of the country as well. Some law firms are actually offering education courses to potential plaintiffs for some $200 each to teach them how to sue marijuana companies using the RICO statute. More than a half a dozen of those cases have been filed in federal courts across the country. As of yet, none of these cases have gone to trial. However, a number of legal strategists think the tactic could work, and that’s something about which our California marijuana lawyers feel we need to warn clients. They need to be prepared for this kind of legal assault, and working with a long-time, well-sourced marijuana law firm is critical.

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

Additional Resources:

A Racketeering Lawsuit Brought by an Oregon Equine Lawyer Is Part of a National Strategy to Upend Legal Weed, Aug. 22, 2018, By Katie Shepherd, Willamette Week

More Blog Entries:

New L.A. Bud Businesses Can’t Ignore Legal Snares, Sept. 28, 2018, L.A. Marijuana Attorney Blog

A group of researchers from the University of Colorado Boulder are teaming up with a researcher from Colorado State University to explore this highly potent method of using marijuana. CSU notes this study is a “first-of-its-kind,” and the hope is to eventually prevent instances of driving under the influence that endangers lives.

Our L.A. marijuana defense attorneys recognize that our state, like Colorado, has a vested interest in enforcing anti-impairment laws for motorists. After all, we know marijuana has the ability to impair one’s driving abilities and we know impaired drivers have slower reaction times and lowered inhibitions that can endanger passengers and other motorists. However, the problem specifically when it comes to marijuana impairment behind the wheel is that the determination is subjective.

California Vehicle Code 23152(f) holds that it is unlawful for anyone who is “under the influence” of any drug (including marijuana) to drive a vehicle. Unlike other jurisdictions, California does not set a per se limit on how much marijuana one can have in their blood before being deemed above the legal limitation. Proposition 64, which legalized marijuana even for recreational use, did not alter this statute, which can result in a maximum 6 months in county jail, among other penalties, for a first-time offense.

There are a number of marijuana DUI defenses our attorneys can help you raise, including:

• You weren’t driving the vehicle;
• You didn’t use marijuana;
• You used marijuana but were not under the influence when you drove;
• Lacking evidence that your mental and physical abilities were significantly impaired.

The exact defense raised will depend on the facts of your case.

The Colorado study looks specifically at the practice of dabbing. This is when a user inhales cannabis concentrates (70 to 90 percent comprised of THC) that are vaporized, providing an immediate rush that users describe as very strong. The study authors assert this type of research is necessary because while the practice of dabbing has expanded significantly in recent years, the research on it has been scant.

For three years with $840,000 in funding provided by the state health department, researchers are seeking existing dabbers; the team did not provide or administer the drug, as this was an observational and not a clinical study. Researchers sought to identify the effect of dabbing on motor function and reaction time. They looked at individuals’ ability to maintain balance or rapidly move their arms, fingers or legs, using information collected via an app on an iPod Touch that was affixed to the individual’s body (noting the $200 iPod device was as accurate as the $1,000 accelerometer in university labs).

Participants are being asked to complete a series of 10 tests in order to glean an accurate read of participants’ overall cognition and motor abilities.

There is little question that “dabbing and driving” is likely to be extremely dangerous, but there are still many factors that could play into whether someone is indeed “under the influence.” That would include the potency of the product consumed, the tolerance level of the user and how much time passed after use.

Previous research on the effects of THC on drivers have largely been inconclusive, and most indicate the need for additional study.

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

Additional Resources:

An iPod in a van may uncover how dabbing cannabis can impair driving ability, Nov. 29, 2017, By Lena Ham, Colorado State University

More Blog Entries:

Tax Rate Fears Worry Some in Cannabis Industry, Nov. 22, 2017, L.A. Marijuana Lawyer Blog

The council’s decision followed many months of political wrangling and bitter disputes. But now, the city has clear rules that will kick off the beginning of commercial cannabis sales.

Although new cannabis businesses in Los Angeles could be open as early as January 1st, there is some skepticism about whether the floodgates will truly be open by then, given the fact that the new year is only a few weeks away and the holidays tend to be an extremely busy time, with lots of government office closures that could slow the process. There is plenty of motivation, however, given the fact that there are throngs of eager buyers in this city of 4 million people.

Marijuana has been legal in California for the last 20 years, but recreational marijuana was only approved by voters last year. While the state has its own regulations, individual cities are also scrambling to decide what additional rules and restrictions they want to impose, if any.

In Los Angeles, the new rules passed in a 12-0 vote. The regulations that were approved are complex and extensive and, governing where and how marijuana can be grown and sold. Among the new regulations:

• Retail marijuana businesses in L.A. will only be allowed to operating in specially-zoned industrial and commercial regions of the city.
• Cannabis companies won’t be allowed to operate within 750 feet of certain types of operations, such as schools, libraries and public parks.
• Farmers and manufacturers of marijuana products will also be required to maintain operations inside strictly-regulated industrial zones, and will have to maintain a radius of at least 600 feet from schools and other sites where children and families gather.
• The number of shops, growers and manufacturers allowed to be licensed and operational in the city will be capped.
• All stores will be required to adopt and enforce strict security measures (as these are cash-only businesses, prone to robbery and theft), which include video monitoring and electronic verification that patrons are over the age of 21.

Licensing priority is going to be given to marijuana business entrepreneurs convicted of low-level marijuana offenses, as well as those hailing from low-income communities. Although this might seem an odd choice, it was done specifically with the intention of combating the negative impact of the failed “War on Drugs.” It’s no secret government enforcement of these tough-on-drug policies disproportionately impacted low-income communities.

Legalization of marijuana in Los Angeles has the potential to alter the landscape of the marijuana industry in California, currently valued at an estimated $7 billion. No other city of this size has previously attempted this kind of regulatory undertaking with regard to marijuana, and it’s likely many other municipalities are going to be watching and studying. They will adopt the policies that work and learn from the ones that do not.

There is still some uncertainty, though, given that U.S. Attorney General Jeff Sessions has been an outspoken opponent of marijuana rights, and has been urging the Department of Justice to take a harder line on enforcing federal laws, which still classify the substance as a Schedule I narcotic.

New marijuana businesses looking to capitalize on the potential in L.A. should speak to an experienced marijuana business attorney.

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

Additional Resources:

Los Angeles Is Set To Become The Largest U.S. City With Legal Marijuana, Dec. 6, 2017, By Matt Ferner, The Huffington Post

More Blog Entries:

Marijuana as a Replacement to Opioids, Dec. 6, 2017, L.A. Marijuana Attorney Blog

Published in the American Journal of Public Health, the research examined the link between the legalization of recreational use cannabis in Colorado and the number of opioid-related deaths. What study authors discovered was one of the only places in the nation so far to have experienced a reversal in the upward trend of opioid deaths. Following the opening of the first shops selling recreational use marijuana in 2014, Colorado’s opioid deaths dropped by 6 percent over the course of two years.

Researchers were careful to say these findings are preliminary, and examine the just two years of data in a single state. However, those results are promising, and echo the voices of support have been saying from the beginning: Marijuana – which has far fewer risks compared to opiates – can be used as a substitute for those who might otherwise turn to more powerful (and dangerous) prescription drugs.

The findings aren’t a total surprise. A number of previous studies revealed a causal connection between the legalization of medical marijuana and a reduction in fatal opioid overdoses. This study, however, is the first to examine the impact of recreational use marijuana laws and their effect on drug overdoses.

Opiates are often prescribed for chronic pain, but we know marijuana is also a highly effective means of treating that same kind of pain – and with far less risk. In fact, the chances of dying of a marijuana overdose are about zero. Meanwhile, the National Institute on Drug Abuse reports that from 2002 to 2015, the number of opioid deaths nearly tripled. The number attributed to prescription opioid pain relievers during that same time nearly doubled.

Researchers here examined monthly trends in opiate overdose deaths in Colorado both before and after recreational marijuana hit the market. In order to control for the effect medical use may have had on the numbers, study authors compared Colorado to Nevada, a nearby state that during that period allowed medicinal use but not recreational use. Even when controlling for this, researchers still noted a 6.5 percent decline in prescription opioid deaths.

It will be important to determine whether the trend is going to continue – and also whether similar trends will be noted in other states like California, where voters approved a measure for recreational marijuana last year. The first California marijuana businesses selling recreational marijuana are expected to open in early 2018.

It’s also important to take into account the potential for other risks marijuana could pose, primarily being on the roads. Drugged driving is a serious issue and there is evidence to suggest it’s on the rise. However, the actual extent is unknown because all that’s really been gleaned is that more drivers involved in fatal crashes have marijuana in their system. That doesn’t necessarily mean they were impaired at the time of the collision or that marijuana intoxication played any causal role in the crash.

Meanwhile, we can see the concrete evidence that marijuana is saving lives when people turn to pot over pills.

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

Additional Resources:

Legal marijuana is saving lives in Colorado, study finds, Oct. 16, 2017, By Christopher Ingraham, The Washington Post

More Blog Entries:

California Department of Public Health Launches Education Campaign Ahead of Recreational Marijuana Sales, Oct. 19, 2017, L.A. Marijuana Business Lawyer Blog

Today, people purchase certain pipes to impress. Although technically both marijuana and the tools used to smoke are outlawed by federal statute, there are still companies carving out a market for themselves. In fact, they can be much sought-after status symbols, with the higher-end models selling for anywhere from $1,000 all the way up to $4,000. Some are even diamond-studded, and certain brands pride themselves on being top-of-the-line.

Despite the illegality under federal law, one manufacturer is availing itself of the remedy of federal court, where it has filed a complaint to protect both its brand and its sales from alleged counterfeit bong makers.

Lawyers in California, Florida and New York have filed federal complaints alleging that mom-and-pop convenience store are infringing upon the trademark of a German company named Roor and its American licensee. As our marijuana lawyers understand, the glass pipes are being sold under the Roor name, even going so far as to use the Roor mark, which has a very specific stylized font and lettering.

It’s estimated more than 200 trademark violation lawsuits have been filed in the last four years, though most of them were filed in 2016.

As the owner of the company’s U.S. partner told the Associated Press, the issue of counterfeiting has become a serious problem that now requires legal action. This is particularly true as the marijuana market has rapidly expanded in recent years as a growing number of states have passed laws legalizing medical marijuana and recreational marijuana. That has propelled consumer demand for drug paraphernalia.

Still, the market is still sort of in a gray legal area. Those who specialize in trademark law specifically as it relates to marijuana opine that probably the strongest defense in these cases is going to be the fact that Roor markets its products specifically as a “bong,” widely known to be used almost exclusively for cannabis. But under federal law, if a product is in violation of federal law, it can’t legally be trademarked. That could mean Roor may have to show it never pursued a market for marijuana. This could be difficult considering the company has on many occasions won awards such as the Cannabis Cup from High Times.

A large percentage of these marijuana lawsuits have settled, rather than go all the way to trial, and the reason for that likely has to do with the fact that really neither side wants to go through the discovery process and have all their business laid bare on public record.

However, lawyers representing Roor say the company is not afraid to take a case to trial if need be. Federal trademark provisions allow up to $150,000 in damages per violation. The settlements have largely resulted in payments in the ballpark of $12,000 to $16,000, with the promise not to continue selling the counterfeit versions.

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

Additional Resources:

Fla. lawsuit goes after counterfeit bongs, Jan. 22, 2017, Associated Press

More Blog Entries:

4 Ways the 4 Trump Years Could Influence Marijuana, Feb. 7, 2017, L.A. Marijuana Lawyer Blog

These unlicensed, unregulated operations are snapping up black market business by selling the drug at a lower cost – made possible because those other shops aren’t following the stringent guidelines as expected by state regulators. They ignore city safety codes and guidelines, which means they can undercut licensed dispensaries on price. Licensed regulators have responded by suing a number of these operations.

You may recall back in 2014, Santa Ana city officials approved a city initiative called Measure BB. This gave the green light to about 20 medical marijuana dispensary licenses in the city, to be chosen via a lottery system. However, despite efforts to carefully regulate the legal marijuana system, the number of licensed dispensaries in the city soon became overwhelmed by the number of unlicensed shops.

A report from the Orange County Register last March revealed that seven months after the city started licensing medical marijuana dispensaries, there were twice as many unlicensed marijuana retailers as licensed ones. One store owner noted he and his staff were “stoked” to have a legitimate operation, to be doing everything on the up-and-up. But the “rogue sellers” had begun to make that increasingly tough.

However, the unlicensed sellers have been arguing that the city’s law violates the Compassionate Use Act, which legalized medical marijuana almost two decades ago. As of that writing, police had been successful in shuttering about 90 of the nearly 110 unlicensed shops that were open. However, getting the remaining ones to close their doors had proven difficult because, for starters, police reported there was a lack of information about who actually owned those facilities. And there were also ongoing legal questions about whether the government had the right to shutter the gray retail market that had largely gone unregulated in the state since the original marijuana legalization measure passed in 1998.

Now, the licensed marijuana dispensaries are taking matters into their own hands. They note that they are required to undergo a series of costly measures to operate legally in the city, including ensure their employees have undergone background checks, provide proper on-site ventilation and pay city taxes. The regulated marijuana dispensaries are seeking an injunction that would close up unlicensed medical marijuana providers and also result in an unspecified amount of damages suffered due to business lost as a result of these operations.

Meanwhile, attorneys representing the unlicensed facilities say they plan to fight back. They allege the city’s lottery was not in fact fair. Rather than being random, they allege, individuals and dispensaries that made political donations to certain local politicians were given preference for a sanctioned slot.

At this point, there haven’t been any hearings scheduled in the litigation.

Meanwhile, one of those unlicensed facilities has filed its own marijuana lawsuit against the city and its police department for relentless, ongoing raids. One of those became national news when city police officers were seen on camera consuming snacks from the business in the midst of one of those raids. Plaintiffs in that case are seeking $650,000 in damages.

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

Additional Resources:

Legal vs. illegal pot shops: Lawsuit alleges one can put the other out of business, Jan. 27, 2017, By Sean Emery, Orange County Register

More Blog Entries:

Marijuana for PTSD Still Controversial in Colorado, Feb. 11, 2017, L.A. Marijuana Lawyer Blog

There are a lot of different ways couples are incorporating this.

For some, as Fox News noted, it involves “the first toke,” using a “unit bowl” that represents the blending of their two budding lives together – similar to what we see with the older traditions of the “unity candle’ or the “sand ceremony.” In other cases, as CNBC reports, there is at least one florist in Denver who at her “Buds & Blossoms” shop specializes solely on marijuana-infused weddings. She affixes floral wedding bouquets and centerpieces with buds of cannabis tucked among the hydrangeas and roses. And there are other couples who are inviting their guests to imbibe with “cannabis bars.” One company that caters to newlyweds in Seattle and Portland specializes in setting up outdoor cannabis bars (as many venues shy away from having the substance smoked or on display inside).

Although the federal government continues to consider marijuana an illegal Schedule I substance, “weed weddings” are becoming increasingly popular. In November, California joined the ranks of states where marijuana is legal for recreational use for those over the age of 21. That list in total now includes Oregon, Washington, Colorado, Alaska, Maine, Massachusetts, Nevada and also Washington D.C.

This has allowed for expansive opportunities for specialty businesses hoping to break into the marijuana industry. There have been yoga studios, restaurants, spas, direct sales vendors and more who have hosted events or centered their entire business model on being marijuana-friendly.

As the market becomes more highly regulated and higher taxes are imposed, it’s estimated the legal cannabis industry is going to balloon from about $8 billion to about $20 billion over the course of the next five years.

As far as weddings go, some are referring to cannabis as “the new champagne.” Couples want to be able to consume and serve marijuana just like other couples do at these events with alcohol. Still, while the perception of pot users is that they are very laid back, the reality is they can’t be when it comes to planning an event that involves cannabis. Of course, all weddings require some attention to detail, but there are a lot of questions that arise when you want to have pot party favors or share a celebratory toke at the reception.

First, the venue and the vendors have to be pot-friendly. Some couples have been left high-and-dry when certain vendors (i.e., photographers, caterers, etc.) took issue with the free and open use of the drug. Some venues will refuse to allow it anywhere on site. Aside from that, for those who are sharing weed with the wedding guests, it’s usually wise to have a budtender on site who can roll joints, load up pipes and give advice on edibles to those who may not have imbibed before. They can also make sure the drug doesn’t get slipped to a guest who is underage, and help make sure guests aren’t over-served.

Our marijuana lawyers would also advise couples to make sure safe transportation is pre-arranged – for themselves and for guests. Having a guest suffer a marijuana DUI arrest or an impaired driving crash is not a stain you want to have on what should be one of the happiest days of your life.

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

Additional Resources:

Weed weddings no longer a pipe dream for cannabis connoisseurs, Jan. 26, 2017, By Lindsay Minerva, Fox News Travel

More Blog Entries:

Marijuana Tourism May Become Increasingly Common in California, Jan. 29, 2017, L.A. Marijuana Lawyer Blog

However, there is some evidence Sessions may be softening somewhat on his position, and there could be new reason to be hopeful about the Trump-era as far as legal cannabis is concerned. In a recent confirmation hearing on Capitol Hill, Sessions, although shying away from a definitive plan for how to treat states’ legalization of the drug, did concede during questioning that to disrupt the legal marijuana markets by enforcing federal cannabis laws could result in an unnecessary strain on federal resources.

Beyond this revelation came the recommendation of Jim O’Neill for the appointment to lead the U.S. Food & Drug Enforcement Administration (FDA). According to Bloomberg News, O’Neill is managing director at Mithril Capital Management and a Silicon Valley investor. He previously served as the principal associated deputy secretary at the Department of Health and Human Services. Although he doesn’t have a medical background (and the head of the FDA has been for the lats 50 years either a medical doctor or prominent scientific researcher), he is believed to be a supporter of medical marijuana. He has strong ties with billionaire Peter Thiel, a Trump transition team member who co-founded the Coalition for Cannabis Policy Reform.

Having an advocate for marijuana legalization could be a game-changer for the industry. The FDA has long been unwilling to budge on its current stance in refusing to consider that marijuana is medicine. This is true even though the FDA has approved three medicines that are marijuana-based.

The hope is that if confirmed, O’Neill would be a catalyst for dramatic change on the issue. Specifically, that he may be able to open the doors blocked by regulations that currently prevent medical research of marijuana. These kind of reforms could, in the long-run, result in marijuana being taken off the Schedule I position of the Controlled Substances Act. The hope is that these efforts would coincide with the Justice Department’s decision to refrain from re-initiating federal policy that targeted marijuana businesses for federal civil forfeiture action. Such actions were common under President Obama’s term until the so-called “Cole Memo” issued by Deputy Attorney General James Cole in August 2013.

The FDA has some of the broadest regulatory authority in the government. It’s responsible for overseeing drugs, medical devices, cosmetics, tobacco, dietary supplements and food that reaches American consumers. It’s also central to pharmaceutical research, and is the agency that oversees clinical trials. O’Neill has previously advocated for freer markets in a wide range of health care services and goods, which he opined would drive down costs and expand innovation.

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

Additional Resources:

Trump Team Said to Consider Thiel Associate O’Neill for FDA, Dec. 7, 2017, By Drew Armstrong, Bloomberg

More Blog Entries:

California Weighs Marijuana Billboard Ban, Jan. 30, 2017, L.A. Marijuana Lawyer Blog

For example:

• The U.S. House of Representatives and the Senate voted on separate occasions to allow the Veterans Affairs office doctors to talk about medicinal marijuana with their patients as an alternative form of treatment if they suffer from PTSD.
• In Ohio, PTSD was listed as one of the 20 conditions that qualified under the state’s medical marijuana law signed by the governor.
• In Illinois (Cook County, to be specific), a judge ordered that the state’s department of health add PTSD as a condition that qualifies for medical marijuana.
• In New Jersey, the state assembly passed a bill that qualified PTSD as a condition for which sufferers could obtain medical marijuana.
• In Rhode Island, the governor signed a law listing PTSD as a condition that is debilitating for purposes of medical cannabis treatment.

In addition to all this, the results of the November election mean that 21 states plus Washington D.C. and Guam gave the green light for marijuana to be used to treat PTSD. However, not all states are on the same page about this.

According to The Cannabis, the state of Colorado has not added PTSD to its roster of applicable medical conditions on its approved medical marijuana law, which passed in 2000. Of course, that state offers recreational marijuana, so presumably, former veterans and others suffering from PTSD still have access to it. However, they may not have the benefit of consulting with an experienced doctor.

In 2015, four military veterans and a sexual assault survivor filed a complaint against the state’s board of health after it specifically ruled against a proposal to add PTSD as a qualifying condition under the official medical marijuana rule.

Some doctors assert that politics are outpacing the research at this point, and that additional funding and studies are required in order to prove the benefits. This could be especially critical in the next few years, depending on the approach the new federal administration takes with regard to marijuana. If the attorney general chooses to shred the Cole Memo and go after states that allow recreational marijuana use, it will become all the more imperative that those suffering from PTSD have it listed as a qualifying condition under state medical marijuana laws.

It’s not clear exactly how many veterans rely on marijuana to treat PTSD. There is no study of it. What we do know, according to the National Center for PTSD, is that marijuana use overall has grown substantially over the last 10 years. A study in 2013 showed nearly 20 million people used marijuana in the last month, with 8 million using it daily. Daily use increased about 60 percent in 10 years and a number of factors were associated with increased use of marijuana – including diagnosis of PTSD. The number of veterans who have been diagnosed with PTSD and co-occurring cannabis use disorder climbed from 13 percent in 2002 to nearly 23 percent in 2014. In that year, there were approximately 40,000 veterans who suffered from PTSD and substance abuse disorder who were also diagnosed with cannabis use disorder.

The U.S. Drug Enforcement Administration recently gave the Ok for Colorado to move forward with a state-funded trial study that would examine the effects of marijuana on PTSD patients.

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

Additional Resources:

Update: Quest to get PTSD on Colorado medical marijuana list continues in court, July 2016, By Alicia Wallace, The Cannabist

More Blog Entries:

Media and Marijuana: DEA Blames Media for Difficulty Enforcing Pot Laws, Jan. 16, 2017, L.A. Marijuana Lawyer Blog

Now, a number of those rules are being relaxed – including the one regarding previous use of cannabis. This coincides with the fact that a growing number of states allow marijuana as medicine and for adult recreation.

Of course, the Air Force will continue to maintain a zero tolerance policy with regard to service members using or smoking cannabis. However, the number of days/ weeks/ months since the marijuana use prior to service is no longer going to be a limiting factor. Additionally, the service is no longer going to ask potential recruits how long it has been since their last time using marijuana in the standardized questioning forms.

Before, the Air Force was somewhat inconsistent with what timeline was acceptable for marijuana use prior to enlistment. For example, the Air Force Recruiting Service had different guidelines than the Air Force Academy, and these were both different from the rules followed by officer training school and the AFROTC.

According to U.S. Military Enlistment Standards, no branches of the military condone the illegal or improper use of drugs or alcohol. Those who enroll will likely be asked:

• Have you ever used drugs?
• Have you ever been charged with or convicted of a drug-related offense?
• Have you ever been psychologically or physically dependent on any drug and/ or alcohol?
• Have you ever trafficked, sold or traded drugs unlawfully for profit?

Anyone who answers yes to either of the last two questions can probably anticipate they will be deemed ineligible for service. If one answers yes to either of the first two questions, it’s likely the potential recruit will need to go through an additional drug screening and questionnaire, which will examine the full extent of prior drug usage. The military then goes from there to make a determination about whether the prior drug use should limit one’s ability to joint that particular branch of the military.

Usually, someone who experiments with drugs that aren’t considered “hard” will be allowed to enlist. However, those who were regular drug users can expect a tougher time. That could include individuals who had prior medical marijuana use. (Those who currently use medical marijuana aren’t likely to be allowed to enlist due to the military’s current zero tolerance policy.)

Historically in the Air Force, someone who concedes to smoking marijuana fewer than 15 times won’t need a waiver. If someone admits to smoking more than 15 times but less than 25 times will need to undergo a drug eligibility determination, which is essentially a process whereby a trained drug and alcohol specialist will inquire as to the exact circumstances of one’s drug use. Typically, someone who uses more than 25 times in their life is considered disqualified, and will require a waiver to successfully enlist.

But according to military.com, different recruiters were asking different questions. Some would ask whether a person smoked less than five times, while others would ask if it was less than 15. But now, according to Lt. Gen. Gina Grosso, deputy chief of staff for Air Force manpower and personnel, recruiters will stop inquiring about previous marijuana use. She said the question is ineffective anyway because few people actually count the number of times they used marijuana.

There will continue to be no waivers for a positive drug screen, previously diagnosed substance abuse disorder or conviction for violation of a state marijuana law. She also said that any condition that would require medical cannabis would likely be something that is disqualifying anyway.

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

Additional Resources:

Air Force Expands Medical Waivers, No Questions on Prior Marijuana Use, Jan. 10, 2017, Military.com

More Blog Entries:

Marijuana Software Companies Seek to Cash In, Jan. 17, 2017, L.A. Marijuana Lawyer Blog

This would be a major victory for parents of children grappling with conditions that require medical marijuana. Some of these children have been diagnosed with conditions like autism and epilepsy, and marijuana has helped to reduce their symptoms, focus and possibly even participate in a class as any typical child would.

But of course, allowing children to use marijuana as medicine has long been a subject of controversy. It has grown increasingly accepted as there have been a number of anecdotal success stories, as well as studies that suggest children with autism, cancer, epilepsy and other conditions may have a better quality of life if they have access to marijuana therapy. In a lot of cases, it only requires a tiny amount of cannabis oil given over the duration of the day to have a substantial impact on the lives and futures of these children.

Two years ago, New Jersey Gov. Chris Christie signed a measure that gave parents or guardians of minors with a medical marijuana recommendation to administer the drug to their child while on school grounds. That measure was significant not only for the fact that it was important for parents in that state, but because Christie has never been a strong supporter of marijuana whatsoever. Further, he never had any intention of broadening the medical marijuana program that was in place when he took office. It was surprising and set a precedent that was soon followed by Colorado.

Both Washington state and Colorado were the first in the nation to approve marijuana for recreational purposes. However, giving the drug to children – even those for whom it is medically necessary – has long been a controversial subject. That’s why even in Colorado after the state law was passed allowing schools to do so, many schools haven’t determined yet whether they will give the green light to let parents do it.

For now, that means parents who need to administer the drug to their child throughout the day have to go to the trouble of going to the school, pulling their child out of class, taking them off campus, administering the drug somewhere else, and then signing them back in to school. The schools that have been so far cooperative have mostly designated a private room for the medicine to be given.

If the bill in Washington state passes, it will mark a significant improvement in the medical marijuana program in the state, as it will offer more children the chance to get the most out of their education. Our L.A. marijuana lawyers believe no child should be denied that opportunity, regardless of what kind of medicine they require in order to function on a day-to-day basis.

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

Additional Resources:

Washington Lawmakers Move to Allow Medical Marijuana in Schools, Jan. 19, 2017, By Julia Granowicz, The Marijuana Times

More Blog Entries:

Cannabis Business Licensing Woes in Portland Costing $22M/ Month, Jan. 18, 2017, L.A. Marijuana Lawyer Blog

There is reason to believe Donald Trump may lean toward favoring states’ rights on the issue. Others believe he may at the very least support medical marijuana rights. However, we also know that Trump has shown no problem walking back from several of the promises he made on the campaign trail, so it’s not illogical that he would shy away from statements in support of medicinal marijuana. On top of this, there is concern given that his U.S. attorney general pick Jeff Sessions is a vocal opponent of any form of marijuana legalization, refusing to concede even the benefits of the drug as a form of medicine.

Still, states have already taken incredible measures to pass laws and initiate regulation. What impact could Trump really have on the industry? It turns out a lot. Here are four scenarios we might see over the next four years.

• No. 1. The Trump administration takes on both recreational and medicinal marijuana in an attempt to eradicate both. Trump has expressed a desire to scrap pretty much anything and everything that was established by President Obama. That includes, apparently, a willingness to slash health insurance for 22 million people and upend the entire insurance industry. This tells us going after the marijuana industry isn’t likely to rattle him much. If the administration decided to do this, they could simply toss the Cole Memorandum that carved a path for recreational marijuana, which means we could once again be seeing marijuana dispensaries close shop, their assets subject to forfeiture. Something to keep an eye on is the Rohrbacher-Farr amendment, which prevents the government from spending money to target medicinal marijuana. But this amendment expires April 28th. If Congress does not renew it, that protection dissipates.
• No. 2. Recreational marijuana becomes the primary target. Government leaders could start by initiating raids on retailers of marijuana that cater to adults, seizing their money and assets – and not ever charging anyone formally with a crime. The majority of marijuana businesses at this point do not have the financial backing to battle the federal government in court, especially when there are very limited legal protections for those in the industry.
• No. 3. Nothing changes. It is possible the administration won’t do anything, allowing the Cole Memo to remain in place and allowing any state that has authorized legalization to proceed without government interference.
• No. 4. The new administration supports marijuana industry. We do know that Trump got his start as a businessman. Many of those who are operating his cabinet are businessmen as well. Marijuana as an industry has generated some 150,000 jobs across the country. De-scheduling marijuana could be an extremely popular move for the president, and he may yet make it.

If you are concerned about your marijuana business under the new administration, consult with an experienced L.A. marijuana lawyer.

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

Additional Resources:

5 Ways Trump Could Affect The Marijuana Industry, Jan. 20, 2017, By Debra Borchardt, Forbes.com

More Blog Entries:

Medical Marijuana Access in Florida Limited, For Now, Jan. 19, 2017, L.A. Marijuana Lawyer Blog

The U.S. Court of Appeals for the Tenth Circuit reportedly took oral arguments in a case that consolidates several claims and argues the recreational marijuana law in Colorado violates U.S. racketeering and controlled substances law. Both Oklahoma and Nebraska joined the claim after the U.S. Supreme Court decided not to consider an earlier case they brought asserting Colorado’s pro-marijuana law was unconstitutional and illegally facilitated the industrialization of marijuana. The consolidated appeals also contain complaints from several county sheriffs offices as well as a horse ranch.

Plaintiffs assert that neighboring states have had to contend with federally-illegal substances crossing their borders, causing a strain on local law enforcement and other interested parties. The federal appellate court judges are now considering whether RICO or other federal statutes should have an impact on marijuana cultivation on properties (particularly those near Denver, where this case is being considered).

The attorney representing several marijuana businesses said he initially went into the matter believing the outcome would be a “slam dunk” in favor of his clients. However, following the oral arguments, he conceded it might be “more of a toss-up.”

Horse ranch plaintiff explained to the judges that the smell of the substance being grown nearby had resulted in property values plummeting. Additionally, he argued, construction of a green house on site also affected property values by obstructing the sight lines from his property.

As defendant’s attorney explained, if the justices ruled that the case should be remanded back to district court, it would result in opening the floodgates, making every dispensary in Tenth Circuit vulnerable to federal lawsuit under RICO laws.

For those unfamiliar, RICO stands for the Racketeer Influenced and Corrupt Organizations Act. It has been historically used to implicate fraudsters and crime families. It gives private individuals the right to sue “racketeers” whose actions damage their property or business. In this case, plaintiffs are asserting damage to their property values.

In effect, plaintiffs argue, the state has authorized breach of the U.S. Controlled Substances Act.

Another big reason for concern at this point is that this new presidential administration does not have a reputation of being kind to those with marijuana interests. In particular, the incoming U.S. attorney general Jeff Sessions has been extremely critical of legalized marijuana and of those who use the drug. As of right now, most marijuana dispensaries are leaning on the 2013 Cole Memo, in which the federal government outlined a road map for federal prosecutors to abide in states where marijuana is legal. Essentially, where state laws regulate the sale of marijuana, this was to be seen as a means of enforcement. But this memo did not legally solidify any protections, and it could just as easily be retracted by the new administration.

In the event the appellate court chooses not to send the case back to district court for trial, plaintiffs could appeal the matter to the U.S. Supreme Court. However, those involved say such a move would be unlikely.

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

Additional Resources:

Bid to take down Colorado marijuana laws revived in court, Jan. 17, 2017, By Alicia Wallace, The Cannabist

More Blog Entries:

Cannabis Business Licensing Woes in Portland Costing $22M/ Month, Jan. 18, 2017, L.A. Marijuana Lawyer Blog

That may soon change in Denver.

Back in November, Denver became the first city in the country to allow people to use marijuana at certain restaurants and other venues that want to allow it. That was Proposition 300, and it was approved at the same time eight other states – including California – passed laws to legalize marijuana for either recreational or medicinal purposes. The city measure allows bars and restaurants to apply to allow marijuana to be used by their patrons – so long as the drug isn’t smoked, although there could be some cases in which outside smoking areas could be designated.

Now, the city is working on implementing that provision, and it appears it will extend to places like yoga studios, art galleries and coffee shops. The law doesn’t offer up any guidelines for how marijuana can be consumed other than it can’t be smoked indoors and patrons have to be at least 21-years-old. Additionally, the state’s liquor control board has forbidden any company that has a liquor license from allowing patrons to use marijuana. That means bars would be excluded, as would restaurants that serve alcohol. WYFF4 reported a group of stakeholders – marijuana business owners, city regulators and opponents of legalized marijuana – are all meeting to begin hammering out suggestions of what this new law is going to look like.

There isn’t any deadline for when this new provision has to be implemented.

Proponents of the measure say it’s an important victory not just because it grants people the opportunity to use the drug socially, but because it carves out a respite for those who may have other restrictions and can’t use the drug at their residence. For example, many landlord policies prohibit smoking on their properties. Additionally, marijuana use and possession may be very problematic for those living in public housing. Because the drug is still illegal under federal law, users on those sites could risk jeopardizing their housing.

The only other state that allows any form of public consumption of marijuana is Alaska. But even there, public use of marijuana is limited to cannabis dispensaries.

Meanwhile in California, Proposition 64 gave California’s the right to possess and grow marijuana immediately, but users don’t have the right to light up wherever they please. The ballot measure specifically forbid smoking marijuana in public places – unless it is allowed by local ordinance. So far, no California cities have moved to open that door. On top of that, marijuana can’t be smoked in a place where smoking tobacco is already outlawed. That means no smoking in theaters or restaurants. Additionally, smoking marijuana within 1,000 feet of a daycare or school or youth center while kids are present.

Additionally, there are fines that can be imposed for smoking marijuana while operating a motor vehicle, aircraft or boat.

People who are caught smoking marijuana in public can expect to pay up to $100. If it’s done in a place where tobacco use is outlawed or near a school, the fine increases to $250. If there are minors caught in violation, they face up to four hours of drug education courses, plus 10 hours of community service.

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

Additional Resources:

Denver starts work on allowing marijuana in public, a first in US, Jan. 18, 2017, WYFF-4

More Blog Entries:

Prohibiting Teen Access to Marijuana a Top Priority for Politicians, Pot Distributors, Jan. 20, 2017, Riverside Marijuana Lawyer Blog