For those who may be new to California, just landed a job here, have an upcoming visit or perhaps are just now interested in testing the THC waters, here are the main things you need to know.

I want to buy recreational marijuana. What are the rules?

California statute allows adult individuals over the age of 21 to purchase up to 1 ounce of marijuana a day, or up to 8 grams of cannabis concentrates, such as candies, breakfast bars and brownies. The amount of edibles you’re allowed to legally have on your person will depend on the THC concentration of each product. One small product might contain a higher degree of THC concentration than something larger, thus the number of the smaller products you would legally be able to have would be lower. Products must be purchased from a state-registered dispensary and users must provide a valid ID, such as a driver’s license or passport. Sales are banned between the hours of 10 p.m. and 6 a.m. Marijuana can be delivered, per a recent rule from the Bureau of Cannabis Control that became law this month.

Can I smoke or eat recreational marijuana in public?

No. The California Department of Health notes that you may not smoke, vape, eat or otherwise consume cannabis in public, and anywhere tobacco smoke is prohibited, so too is marijuana unless otherwise stated. Private residences are your best bet, though a few cannabis cafes and lounges have cropped up in Oakland, San Francisco, Sacramento, Palm Springs and West Hollywood.

You also cannot smoke while driving or riding in a vehicle, and it is still prohibited to drive under the influence of marijuana.

Is my landlord allowed to ban marijuana use on site?

Yes, the law allows property owners and landlords the right to ban both possession and use on site. People are also prohibited from consuming or possessing the drug on federal property, including parks, and cannabis cannot be taken across state lines – even if crossing directly into a state where it is legal.

Can my boss fire me for using marijuana?

That depends. Technically, as our L.A. marijuana lawyers know (also having long-time experience in California employment law), there isn’t a state law that protects workers from being fired for using the drug. There was also a decision by the U.S. Supreme Court in 2008 that allows companies to fire workers who fail marijuana drug screens, no matter what the state law is. Prop 64 gives employers authority to tailor their company drug policy how they wish.

Can I face federal charges for buying or possessing marijuana?

Technically, yes. However, that is very unlikely, though you are somewhat at the whims of the federal administration unless/until classification of cannabis is updated. For the most part, federal authorities are interested (if they are interested) in nabbing large suppliers.

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

Additional Resources:

What’s Legal for Adult Use? California Department of Public Health

More Blog Entries:

Cannabis Companies’ Success in Combating RICO Lawsuits, Jan. 8, 2018, L.A. Marijuana Lawyers Blog

Prior to this vote, 22 states in the U.S. allowed medicinal marijuana, following California’s 1996 lead to allow patients access to the drug for easing the symptoms of serious illnesses. Increasingly, the drug is being used as a safer, more effective alternative to the extremely addictive and deadly opioids traditionally prescribed for pain (far riskier than pot, despite having a lower scheduled designation under the U.S. Controlled Substances Act).

This rapidly evolving cannabis landscape makes it all the more critical for users, distributors, producers, farmers, ancillary companies, drivers and travelers to consult an experienced Los Angeles cannabis attorney when a legal question crops up.

Still, it’s worth noting that while public support for legal marijuana has never been higher (72 percent of democrats and 52 percent of Republicans are in favor of legalization and two-thirds of states have some type of legal marijuana), many marijuana industry and policy experts say there is no brightline “tipping point” at which legality at the federal level is an inevitable certainty. In fact, some are speculating that following this round, it’s plausible medical marijuana initiatives are going to grind to a halt, and while recreational legalization may expand in those states that already have medical pot, those measures may start hitting a wall too.

The reason? Because it all comes down to the way these measures have come down the pike: Through ballot initiatives filed by voters, rather than bills proposed by state legislators. In the first seven of eight medical marijuana laws (including in California), it began with a ballot initiative. While lawmakers write and pass legislation on key, controversial issues, ballot initiatives rely heavily on public opinion. In the past, such initiatives have limited same-sex marriages – or legalize it. They’ve been used to expand or curtail taxes, minimum wages and spending.

A fair number of ballot initiatives are underwritten by very rich individuals with business interests. For instance in Ohio, pro-marijuana advocates three years ago poured some $20 million into legalization of medical and recreational pot on the same ballot initiative. But voters in Ohio responded with a resounding: No. This was despite the campaign revealing strong support for medical marijuana availability. When marijuana advocacy groups vowed to place a medical marijuana initiative on the ballot in Ohio, the state legislature quickly drafted and passed its own.

In Utah, the governor was a vocal opponent of expanded medical marijuana as indicated on the ballot proposal. But now that it’s passed, he and other lawmakers are in talks to pass an initiative that will supercede it – likely something that will more align with the conservative principles of the Morman Church, widely influential in that region.

The point of all that is: Ballot initiatives can be a powerful means to quickly move the needle toward progress. However, some analysts believe its potential for accomplishing wider access to marijuana is almost exhausted. There are 17 states remaining that have access to no marijuana at all. Of those, just five even allow direct ballot initiatives. In the other states – mostly conservative by a wide margin – lawmakers aren’t showing any indication they are eager to loosen restrictions. And even if the voters wanted such a measure, they have no way to bypass the legislature to get it.

Generally speaking, once a place allows medical marijuana and becomes comfortable with it, they are more likely to be swayed on the benefits of recreational marijuana. However, the remaining “dry” states aren’t likely to be pushed any closer to legalization without federal intervention and THAT is unlikely to happen with President Trump at the helm. The Obama administration was harsh in its approach initially, and later softened. The hope was Trump would further reduce restrictions, but it actually got worse under U.S. Attorney General Jeffrey Sessions, who vowed full enforcement of federal marijuana laws. The president himself has said he supports marijuana legalization, but the future of it is still unclear, even now that Sessions has resigned.

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

Additional Resources:

WHAT DO THE MID-TERMS MEAN FOR MARIJUANA LEGALIZATION IN AMERICA?, Nov. 8, 2018, By Daniel Mallenson, PSMag.com

More Blog Entries:

Cannabis Attorneys: How Outlawing Marijuana Made it More Dangerous, Oct. 30, 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

Michigan, where recently an anti-marijuana action committee has flipped its stance in an attempt to try to gain control of state regulations, according to a Detroit Free Press report. The group, The Committee to Keep Pot Out of Neighborhoods and Schools, has been fighting a ballot proposal to legalize recreational marijuana in the state. However, as it is becoming more clear the initiative has growing support, the group is trying a different tactic: encouraging state legislators to fully legalize marijuana by passing an adult-use bill.

As our attorneys can explain, those opposing recreational cannabis in the state see the writing on the wall. They know if they allow the issue to appear on the November ballot, it has a strong chance of passing. However if group members can convince the Legislature to take up the initiative and amend it with strict regulations akin to the current medical marijuana guidelines, they are hoping to get a law on the books that is more restrictive than what voters might pass. One of the key differences would be how licenses are issued. Medical marijuana establishments currently obtain licenses through a board put in place by the governor, as well as House and Senate leaders. The ballot initiative would instead put licensing in the hands of the Licensing and Regulatory Affairs Department. In previous years, in order to pass a marijuana ballot initiative, advocates often had to jump through many hoops. They had to submit to studies to research the effects of marijuana on communities. They had to gather data from other states with marijuana laws. They had to make concessions, often only allowing medical marijuana, and sometimes putting deep, nearly prohibitive restrictions in place.

Now, though, cannabis advocates have a lot more leverage. More than half the states have medical marijuana laws that are helping tens of thousands of Americans with aches, pain, nausea, glaucoma, PTSD, and anxiety, among other health issues. With aging Baby Boomers looking for relief without too many side affects, cannabis has become a very appealing alternative to other medications. In addition, eight states and Washington, D.C., have legalized recreational marijuana without the apocalyptic results some naysayers predicted. In fact, local economies are benefitting from the new marketplace, and responsible users are enjoying an alternative to other traditional social lubricants, like alcohol. The proof is clear, and too many people are seeing the positive effects of cannabis to buy into the tired old propaganda anymore.

It’s no wonder, then, that we would see anti-marijuana groups desperate to keep a grasp on the legal landscape. It’s the old “If you can’t beat them, join them,” adage in some respects. Conversely, some lawmakers are in favor of the idea because they would rather not see a large turnout of people who might not align with them politically showing up at the polls during an important election cycle.

At the end of the day, all of us value safety and responsibility. It’s just more apparent to our Los Angeles marijuana business lawyers and our clients that these values are not in opposition to cannabis legalization. Our attorneys work hard to help marijuana businesses stay in compliance with state and local laws to support strong businesses and healthy and safe communities.

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

Additional Resources:

Michigan May Legalize Recreational Marijuana Before November Ballot, April 5, 2018, By Adam Drury, High Times

More Blog Entries:

More States Look to Legalize Marijuana in 2018, Jan. 21, 2018, Cannabis Law Group

However, it seems that legalization may not be bringing in as much tax revenue as expected – and that’s because the increased availability has driven down costs. Vox.com reports new data from the Colorado Department of Revenue shows that the wholesale price of cannabis has fallen 22 percent since recreational sales first started three years ago. It’s now at about $1,470 from $1,880. That’s a stark change from what we saw immediately after legalization, when prices soared to $2,865 per pound when there was a short supply and high demand. Prior to legalization, the wholesale price of marijuana could reach as high as $5,000 per pound.

Speculation is that these prices aren’t done falling. Drug policy experts say once mass production really kicks into high gear, the price per pound could reach somewhere between $30 or $45. That’s because even in Colorado, there has to be some consideration of the fact that the drug is still illegal for recreational purposes in most other places in the country. This drives marijuana tourism in Colorado, which will likely drop off if and when the drug becomes more readily available in other states.

This price drop wasn’t exactly a surprise. Some have even argued that ultimately, marijuana shouldn’t cost anymore than a bag of tea because, after all, both are really just plants. Of course, for consumers, this would be great news. However, there are other reasons why there might be cause for concern about this.

Part of the issue is the concern about lower generation of tax revenue. The majority of states that have legalized did so by taxing marijuana a set percentage. So for instance, if the wholesale price is $1,400 as opposed to $1,800, states are going to be generating less revenue. The only way a state would be able to make up for that would be to impose additional taxes. Some policy wonks have suggested taxing marijuana with a single, flat price per ounce.

But it’s not all bad news. When more consumers are able to legally access the drug, the black market will begin to crumble. That has so many benefits – not just from a taxation standpoint (less tax dollars needed on criminal prosecutions), but it also bolsters public safety. Marijuana has long been a cash cow for drug cartels. Legalizing the drug pulls the rug out from underneath them. Some analysts believe exports of marijuana used to comprise about 30 percent of all drug export revenue. That means we could be reducing their profits by a third. These are the same organizations that not only exact violence among those within criminal gangs, but are also involved in human trafficking and other endeavors. These gangs probably won’t be wiped out completely with marijuana legalization, but they can it does serve to weaken their position.

The bottom line is there are pros and cons to the reduction of price of marijuana. Navigating these waters and balancing these interests will be a challenge for advocates and policymakers in years to come.

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

Additional Resources:

Colorado’s marijuana legalization experiment is making pot a lot cheaper, Jan. 18, 2017, By German Lopez, Vox.com

More Blog Entries:

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

Still, this has yet to change the hard line stance of the U.S. Drug Enforcement Administration (DEA), where officials insist the classification of marijuana as a Schedule I narcotic is not going to budge. As a Schedule I drug, as defined in the Controlled Substances Act of 1970, that means marijuana has not only a high risk of abuse, but also no accepted medical use. Other drugs in that same category include LSD, heroin and ecstasy. Consider that methamphetamine, which is known to be highly addictive and rapidly destructive to the lives of individuals and communities, is a classified as a lesser Schedule II narcotic, meaning there is a high risk of abuse that could lead to dependence, though there may be some accepted medical uses, though they are still tightly restricted.

The DEA has reasoned that only the U.S. Food & Drug Administration (FDA) has the authority to make the determination of whether a drug has an accepted use as medicine. So far, that has not happened. That’s why even in states that allow medical marijuana, doctors don’t “write prescriptions” for marijuana. Technically, they can only recommend that it be filled at a local dispensary.

At this point, the power to reclassify controlled substances lies with Congress. The president does have the authority to request that the attorney general, who oversees the FDA, to start the rulemaking process that would begin reclassification.

But is that something we might be able to expect from a Trump administration or the current Congress? Our marijuana lawyers in L.A. aren’t holding our breath.

Previously, the closest Congress came to passing anything like that were identical bills introduced last year in both houses, neither of which advanced to a vote. Both measures did have bipartisan support and would have reclassified cannabis to a Schedule II. One of the measures would have stipulated that federal marijuana laws would not apply to those who were following state-sanctioned medicinal marijuana statutes.

Clinton, the Democratic presidential nominee, had vowed to reclassify the drug. However, Trump rarely mentioned the issue during his campaign. He did say that he thinks “medical should happen.” However, those close to the President-Elect say marijuana access is not an issue Trump cares a great deal about.

Under President Obama, Attorney General Eric Holder instructed state attorneys general to make this a non-issue. However, that could well change depending on who is appointed to the attorney general position. Former New York City Mayor Rudy Giuliani is said to be up for the post, and he has been a vocal supporter of the so-called War on Drugs. He does not support marijuana legalization.

Changing the FDA’s position, it’s been said, is an unreasonably high bar. Back in the late 1980s, a DEA Chief Administrative Law Judge ruled it was unreasonable to expect this change to come from the FDA because there are no companies that have a patent on marijuana. So while “new drugs” are being developed all the time by pharmaceutical companies – those that have ample resources to bear the expense of new drug testing (which the FDA does not independently undertake) – there is no single company that is going to bear that burden for marijuana.

Last year, the Obama administration did expand opportunities for drug testing to allow more cultivation.

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

Additional Resources:

Many States Have Legalized Medical Marijuana, So Why Does DEA Still Say It Has No Therapeutic Use? Nov. 16, 2016, By Rita Rubin, Forbes.com

More Blog Entries:

Marijuana Wins Big on Election Night, Nov. 10, 2016, L.A. Marijuana Lawyer Blog

There are pros and cons to each, of course. Understanding what those are can help you make an informed decision.

Traditionally, cannabis has been produced on a small scale for purposes of flying under the radar of law enforcement. That means a lot of people have some knowledge of how to grow the plant. However, with a burgeoning legal market, people now (or will soon) have the option of choosing an array of products with specific chemical make-up and purpose – similar to what we would find in a grocery store produce aisle. And just like grocery stores, marijuana dispensaries are going to receive their supply cultivated from farmers who carefully produce the product and make it available for a reasonable price.

Still, some might find decide that it makes better financial sense to grow it themselves.

Leafly.com recently conducted a cost analysis of various marijuana strains and products.

The analysts start out by noting that the luxury of being able to step into a store and choose from an array of flavor, potency, effect and smell should not be taken for granted. A lot of these products require a high skill level and expensive equipment to produce. On the flip side, these marijuana products come at a premium price because they are subject to strict regulations and high taxes. They are also expensive to purchase.

In general, consumers are going to pay:

• $10-$20 per 1 gram of marijuana flower;
• $4-$10 for 10 mg of marijuana edibles;
• $30-$70 for 1 gram of marijuana concentrates.

Meanwhile, the costs for growing your own are estimated to be:

• $3.90 per gram of indoor-grown cannabis;
• $1.19 per gram of outdoor-grown cannabis.

That might make it seem like a no-brainer. Obviously, you should grow your own – right?

Not so fast. As our L.A. marijuana lawyers are well aware after many years representing the rights of clients in this industry, there are many more considerations to be made. For starters, that home-grown price-per-gram doesn’t include labor.

When labor is factored into the cost, it breaks down a bit differently:

• $7.82 per gram for indoor-grown marijuana;
• $2.59 per gram for outdoor-grown marijuana.

Most people spend at least an hour a day tending to their plants. Depending on the plot size, prices could be as high as $9.60 per gram.

One also has to consider whether their property is ideal for growing the plant. Unless you live on a large plot, you probably want to consider growing indoors for security purposes.

It also doesn’t factor some of the upfront costs that are going to be assumed.

For example, let’s say you are growing your plant outside. You’ll need to purchase:

• 5, 45-gallon pots – $140
• 12, 20-gallon soil bags – $300-$500
• Nutrients – $150-$500
• Watering tank – $500
• Mixing Tank – $100
• Water Pump – $200 – $600
• Hardware – $400
• Soil Amendments – $100 to $200

The average cost for all this is going to be somewhere in the neighborhood of $2,385, but could get as high as $3,000. Meanwhile, the average start-up costs for an indoor cannabis grow operation are about $1,950.

Of course, this equipment can be re-used, but it’s an upfront cost you’ll need to consider if you want to do it right.

On top of that, you may need to invest in resources to educate yourself about how to avoid a bad crop with mistakes stemming from mold, pests and other common diseases.

Ultimately, it comes down to how much time, money and knowledge you want to devote to growing a plant.

If you have concerns about the legality of growing your own or buying or selling the drug, our marijuana attorneys can help offer guidance.

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

Additional Resources:

Costs of Growing Cannabis at Home vs. Buying Bud at a Dispensary, Nov. 1, 2016, By Trevor Hennings, Leafly.com

More Blog Entries:

Report: Oregon Recreational Marijuana Sales Off to Strong Start, Oct. 27, 2016, L.A. Marijuana Lawyer Blog