Los Angeles dispensary lawyer blog - Cannabis Law Group

NFL Players Again Fight for Medical Marijuana Use

Cannabis Law Group — Thu, 04 May 2017 11:57:44 GMT

In the recent National Football League (NFL) draft, we heard a lot of stories about the draft position of at least one highly ranked collegiate athlete was sliding because of a failed drug test. However, it should be noted that he did not actually test positive for marijuana. Rather, he tested positive for what is known as a water-loaded sample.

Many people are concerned that they will fail a drug test with positive sample and will do whatever they can to pass the test. This includes taking detox products that are available on the internet or at specialty vitamin stores, and it even includes using synthetic urine or another person’s urine. Since many testing centers watch the subject take the test with a mirror or directly, they even sell products that allow someone to discreetly provide a substitute sample. This is generally not a good idea and many people get caught.

Someone seeking to defend their right to use marijuana, particularly medicinal marijuana, and hold onto their job may face an uphill battle. However, consultation with an experienced marijuana lawyer is recommended.

Some hope drinking a lot of water will dilute the sample. The problem is they now test for the level of water in the subject’s urine. If the level is too high, it will be considered a water loaded sample and that counts as a fail. That’s what happened in the NFL case. It should be noted there has been no proof the athlete was trying to fool a test. yet he is still required to complete the NFL drug program.

The real question is why marijuana is illegal in the NFL even in states where medical marijuana use is legal, yet the league is practically encouraging these players to take powerful and addictive opioid painkillers instead. A recent article from the Washington Post deals with the struggles of former NFL players.

The article focuses on a group of NFL players that are part of the Denver Broncos Alumni Association. These players entered a dispensary in the area one at time looking for relief from the pain they now deal with daily. One player interviewed said his entire body is in pain from his ankles to his neck. He played for nine seasons in the NFL and said he knows this pain is part of what he signed up for when he decided to pursue a career in professional football. He does not resent that you can get hurt playing football, but he is upset that the league refuses to allow players access to medical marijuana. This is alarming considering the acceptable and widespread use of opioids among players in the NFL. There have been numerous reports of team doctors handing out pills as if they were candy on flights home from games.

However, it is not really that surprising, as our Los Angeles medical marijuana collectives attorneys can explain, because the U.S. Congress considers medical marijuana more dangerous than crystal meth based upon how the two drugs are scheduled on the U.S. Controlled Substances Act of 1970 (USCSA).

While football is not the only sport where athletes can be injured, it is a sport that probably has the highest percentage of serious injuries. It seems like at least one person is carted off the field by training staff during every game played.

If you have concerns about the future of your job due to marijuana use, contact our offices to learn more about your legal options.

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

Additional Resources:

NFL players fight pain with medical marijuana: ‘Managing it with pills was slowly killing me’, May 2, 2017, By Rick Maese, Washington Post

More Blog Entries:

Marijuana Equipment Business is Booming, April 14, 2017, L.A. Marijuana Attorney Blog

Governor and Legislatures Argue About California Marijuana Laws

Cannabis Law Group — Fri, 21 Apr 2017 12:02:59 GMT

According to a recent news article from the Los Angeles Times, the governor has proposed a plan to alter some marijuana laws in California, and this has led to some push back from state lawmakers. Those who challenge these new measures say repealing certain provisions in the now two-year-old marijuana laws would essentially be a giveaway to the marijuana industry at the expense of the safety and welfare of the general public.

However, it should come as no surprise that those who are pushing the pubic safety aspects are primarily supported by the law enforcement community. Despite there being no credible evidence to support this position, and in fact there is evidence to the contrary, the law enforcement community has worked to oppose marijuana legalization across the country by arguing that it will increase crime and school dropout rates. This was a major argument made in Colorado to avoid the legalization of marijuana of marijuana for recreational use.This was not successful, nor was it successful in California, where voters supported Proposition 64 on last November’s ballot, which made recreational use of marijuana legal in California subject to some regulatory restrictions and framework.

As for this specific law sponsored by the governor, the plan is to merge the existing marijuana legislation passed in 2015 with the changes under Proposition 64. As our Riverside medical cannabis lawyers can explain, prior to the 2015 laws, marijuana was legal for medical use, but it was up to the local cities, towns, and counties across California to regulate it as they saw fit. The reason for this is because, when voters passed the legalization of medical marijuana in 1996, the state was not really a part of this other than to direct state law enforcement officials not to arrest legal medical marijuana patients, approved caregivers, dispensary personnel, and licensed growers.

While this continued for most of the decade that followed legalization of medical marijuana for the first time in the nation, the state became concerned that it would get left behind and lose its chance to be a regulating force, and, in 2015, sweeping changes were passed that created a medical marijuana regulatory agency with broad statewide powers. However, legalization of recreational use marijuana has complicated the mission of this new agency, and changes were proposed to allow it to also regulate recreational use of marijuana.

In an effort to streamline the process, the governor has proposed several major changes. One of these changes was to do away with a requirement that dispensaries, or “pot shops” as they are now being be called by the community, to first get a city or country permit to sell marijuana before they can apply for a state license. Those who oppose this measure say that it is not merely an effort to remove redundancy, but it also serves as a giveaway to the marijuana industry by cutting red tape that is necessary to benefit the community. As one might expect, those who support the billion-dollar marijuana industry do not feel that this regulation helps the public, or anyone else for that matter.

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

Additional Resources: Rift opens between the Brown administration and legislators over new marijuana laws in California, April 14, 2017, By Patrick McGreevy, LA Times

More Blog Entries: Report: Most Banks Still Reticent About Reefer, Feb. 26, 2017, Marijuana Lawyer Blog

Has Your Cannabis Dispensary Staff Received Adequate Training?

Cannabis Law Group — Sat, 31 Dec 2016 11:49:48 GMT

Some locations call them, “budtenders.” Others refer to them as “patient liaisons” or “compassion care technicians” or “dispensary agents.” Although there is no single formal title or degree, these individuals are responsible for working behind the counters of California’s marijuana dispensaries.

Our L.A. marijuana dispensary attorneys are often asked about the required training for those in these roles. Although there is no legal requirement or state-approved course that budtenders have to pass, it can be a smart move for a business to seek advanced education for their dispensary workers. A new study published in the journal Cannabis and Cannabinoid Research revealed 55 percent of dispensary staff (medical and non-medical) had some type of formal training for their position. Twenty percent had some form of medical or scientific training. Meanwhile, approximately 94 percent reported they provide specific cannabis advice to patients. Many of these patients are seeking advice on specific strains that can help them with a variety of ailments, form post-traumatic stress disorder to chronic pain to seizures. It helps if the staff knows what they are selling, not just from a customer service standpoint but potentially from a liability standpoint.

California was the first state to allow medicinal marijuana and recently joined a growing number of states that now allow recreational marijuana (though detailed regulations are still being ironed out). On Jan. 1st, 2018, a bill signed by Gov. Jerry Brown will go into effect that has a number of requirements that could make training even more valuable. Among those requirements include tracing requirements, record-keeping, streamlined systems for transportation, quality assurance testing standards and robust labeling/ packaging/ product handling and security.

This is going to be especially important because as the aforementioned study notes, with most dispensary staffers giving advice and recommendations to patients, there have been documented instances wherein the advice given is not only ineffective, but could actually result in causing a patient’s condition to worsen, something one of the study authors called, “appalling.”

Still, it’s not all that surprising, given that there are no standard guidelines for dispensaries to follow. Medical marijuana dispensaries and recreational marijuana dispensaries have no clear operating guides to follow. Federal authorities haven’t stepped into fill this void because the drug remains a Schedule I narcotic, meaning it’s illegal under federal law and has no recognized medicinal purpose – even though it clearly does have great value and has proven to be less addictive and less dangerous than alcohol. Establishing training guidelines, study authors say, should be considered a matter of urgent national priority.

It’s unclear, though, whether the movement will gain any steam under the new president. Donald Trump’s pick to lead the Department of Justice is Sen. Jeff Sessions, who as recently as April alleged that those who use marijuana are “not good people.” It’s still uncertain at this point what his drug policy in that role would be, though we don’t anticipate any major shift away from the Schedule I listing.

The CannabisReporter lists a number of programs that may help hopeful budtenders in furthering their knowledge base. Each has varying costs, locations and specialties. If you have legal concerns about the training of your dispensary staff, our marijuana lawyers can help.

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

Additional Resources:

Training and Practices of Cannabis Dispensary Staff, Dec. 1, 2016, Cannabis and Cannabinoid Research

More Blog Entries:

Why Marijuana Sobriety Tests are So Unreliable, Dec. 12, 2016, L.A. Dispensary Lawyer Blog