advantageous. Politicians across the country at all levels are stepping forward with pro-marijuana campaign platforms, and it’s paying off. Even here in California, where both medical and recreational marijuana are legal, it is clear voters want candidates who will continue to protect those laws, according to a report from Civilized. Sen. Dianne Feinstein (D-Calif.) recently switched her stance to pro-marijuana and won her primary bid for re-election. It’s no surprise her change of heart came after her Democratic challenger Kevin de Leon came out swinging with strong support for cannabis last year. Because of California’s “top-two” primary system, both candidates will be on the ballot in November, even though they are from the same party.

These sudden “evolutions” in thinking about marijuana are springing up among political figures all over the country. Senate Minority Leader Chuck Schumer recently had a similar change in thinking, and former Republican Speaker of the House John Boehner flipped on his previously staunch anti-marijuana views to join the board of directors of a cannabis company.In Orange County, despite being mired in controversy, Rep. Dana Rohrabacher (R-CA 48) handily won the most votes in his primary run defending his seat in the U.S. House of Representatives. He is famous for his strong stance in favor of medical marijuana and is one half of the namesake of the Rohrabacher-Blumenauer Amendment, the federal budget add-on that prevents the Justice Department from using funds to go after medical marijuana operations that are in compliance with their state’s laws. A Republican and Democrat both hopeful to take Rohrabacher down were left clamoring for the second spot on the ballot. Neither of the candidates made cannabis a talking point in their election bids, one of them even mocking Rohrabacher’s strong support as not being enough to qualify someone as a good representative. Voters apparently disagreed.

Lt. Governor Gavin Newsom had no problem securing the votes during the primary in the race for governor of California. Newsom has been a longtime supporter of marijuana legalization. He was a prominent advocate leading up to the passing of Proposition 64, all the while becoming one of the rising stars of the Democratic party in the state. The pattern continued from these top seats all the way down the ticket in the primary elections, with pro-marijuana candidates leading races for controller, treasurer, attorney general, and secretary of state.

Our Orange County marijuana business lawyers know strong support from top political figures will only help in the fight to remove marijuana’s federal classification as a Schedule I narcotic. Our legal team helps clients in Southern California successfully open businesses in compliance with state and local laws, but federal prohibition has prevented companies from reaching their full potential. Opinions on marijuana are rapidly shifting across the country, but with key players in the Department of Justice and Drug Enforcement Administration still staunchly against cannabis or seemingly oblivious to its benefits, the battle is far from won. The time for wishy-washy opinions is past. Taking a bold stance in favor of cannabis is necessary for politicians to overcome the next hurdles in marijuana legalization, and to curry favor among their constituents who already have seen the light.

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 References:

Pro-Cannabis Candidates Clean Up In California Primary Election 2018, June 5, 2018, By David Downs, Leafly

More Blog Entries:

Federal Budget Protects State Medical Marijuana Businesses, For Now, Orange County Medical Marijuana Lawyers Blog

The latest example comes out of Colorado, where the state is looking to get rid of residency requirements for marijuana businesses. House Bill 18-1011 would allow non-Colorado residents and publicly traded companies own a stake in state-licensed businesses as well as make investments. Right now ownership for non-residents is limited to 15 people. A bi-partisan group of legislators is leading the charge on the bill, which they said will not only attract more investments in the state, but also allow local businesses to be publicly traded, according to The Cannabist.

Officials said Colorado law is causing the state to fall behind roughly a dozen other states that no longer have such limitations. Indeed, California already rid itself of residency restrictions with the creation of Medicinal and Adult-Use Cannabis Regulation and Safety Act in June 2017. The act combined the Adult Use of Marijuana Act and the Medical Cannabis Regulation and Safety Act in an effort to consolidate regulations and laws governing medical and recreational marijuana. Many regulations carried over from the two previous acts, but one notable change was the removal of a rule in AUMA to prohibit licenses from being issued to non-California residents until Dec. 31, 2019.

While residency restrictions can help protect small in-state businesses, our experienced Orange County marijuana business lawyers also know they can stifle investments and growth. With proper protections and rules that favor small business development, both small and large businesses can live in harmony. Plus in-state businesses that are doing well have the opportunity to get a boost by becoming publicly traded. Many local businesses lamented how much money they see being invested outside of Colorado and saw this bill as an opportunity to redirect cash flow back into the state.

Others are worried the state is pushing its luck. With marijuana still firmly planted as a Schedule I narcotic according to Controlled Substances Act, 21 U.S.C. Section 812, some industry leaders already feel like they are walking around with a target on their backs. They worry opening up interstate channels of business is poking the bear. However, as the cannabis industry continues to grow, creating more jobs, garnering more tax revenue, increasing awareness, and expanding access to hundreds of thousands of Americans, public opinion will continue to shift. And public outcry will continue to grow to the point that the federal government can no longer ignore the voice of the people. Measures like this in Colorado are another step in the right direction.

Even though we all have a cautious eye on Attorney General Jeff Sessions and the Justice Department, it’s still an exciting time to be a marijuana business owner. Our skilled attorneys can help California entrepreneurs set up their businesses to be in compliance with state and local laws while keeping an eye on movement at the federal level. We remain vigilant, staying up to date on the day-to-day movement in marijuana law from your local city council to Washington, D.C. and everywhere in between so you can focus on running your business.

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:

Colorado Cannabis Firms Could Get Publicly Traded, Out-of-State Investors Under Proposed Bill, Feb. 28, 2018, By Alicia Wallace, The Cannabist

More Blog Entries:

A Look at the California Cannabis Industry MAUCRSA Bill, July 13, 2017, Orange County Marijuana Business Attorney Blog

rain on the parade. And while some hope to just wait out the storm, others are taking the matter into their own hands.

Berkeley City Council is putting its city and citizens first by becoming a sanctuary city for adult-use marijuana, according to CNN. The council passed a resolution recently that would prevent local agencies from using city funds to enforce federal marijuana laws. That means if federal agents try to come down on anyone in the city, they can do so within the boundaries of their own authority, but not with the assistance of the city or its employees. No financial assistance. No help from employees. No access to information.

The city is taking it a step further as well by actively fight against any steps by Drug Enforcement Administration to close down recreational marijuana businesses in the city.

Our marijuana legalization attorneys in Orange County are proud to be in a state that has always led the way on cannabis protections. California was the first state to legalize medical marijuana under Compassionate Use Act of 1996. And through Prop 64, it joins a select group of states in blazing a trail for adult-use marijuana across the nation. But shortly after recreational marijuana was legalized in the state Jan. 1, Attorney General Jeff sessions reignited his anti-pot agenda and began rolling back protections, namely the Cole Memo, a directive that ordered federal prosecutors to lay off prosecuting marijuana offenses in states where the activity in question is legal.

Law-abiding Californians are tired of having marijuana’s status as a Schedule I narcotic under Controlled Substances Act, 21 U.S.C. Section 812 held over their heads. The countless marijuana patients over the past two decades know first-hand the medical benefits of the drug, despite the claim it has “no currently accepted medical use,” if its Schedule I classification is to be believed. And to think of it as being in the same category as ecstasy, heroin and LSD would be laughable if it wasn’t so infuriating. Likewise, those who enjoy cannabis for recreational purposes know it doesn’t hold the addictive power of these other drugs nor does it come with comparable health risks.

Berkeley’s mayor pushed for the measure, which he believes is the first of its kind in the country. The move isn’t totally unique, though. Berkeley had already established itself as a safe harbor for medical marijuana a decade ago to protect providers and patients in the city.

Our legal team applauds any and all efforts to protect Californians from the misguided, aggressive, and outright dangerous agenda of the current Department of Justice. It’s why we have dedicated ourselves to providing legal assistance to the innumerable people who have positively benefited from marijuana: whether as a patient, a business owner, a responsible adult user, or all the Californians who will reap the benefits of increased tax revenues helping the state. Our highly skilled team is here to offer business advice, defend you against marijuana-related criminal charges, or assist you in civil disputes.

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:

Berkeley Declares Itself a Sanctuary City for Recreational Pot, Feb. 14, 2018, By Madison Park, CNN

More Blog Entries:

Sessions Rolls Back Directive Protecting State Marijuana Laws, Jan. 25, 2018, By Marijuana Legalization Lawyers Blog

federal officials to back off of prosecuting those selling, distributing, growing, or using marijuana, so long as the offenders were following state laws. The memo was issued to reconcile the federal Controlled Substances Act, 21 U.S.C. Section 812, which classifies marijuana as a Schedule I narcotic, with the wave of state laws that allow cannabis sales and use, either medically or recreationally. The move gave hope to the growing number of Americans in favor of full cannabis legalization nationwide.

However, the U.S. recently took a big step backward when current Attorney General Jeff Sessions rescinded the directive, re-opening the door for federal prosecutors to allocate resources at their discretion for cracking down on marijuana operations.

Leaders in states that have legalized marijuana have no intention of going down without a fight, though. With many more making moves to legalize cannabis in state legislatures or on ballots this year, they might have even more allies by their side.In California, leaders are proposing methods to protect the state’s thriving cannabis economy, which has only grown stronger since the Adult Use of Marijuana Act went into effect January 1, 2018. These tactics include writing letters, potential new laws, and federal lawsuits, according to a report from Orange County Register.

Rep. Lou Correa (D-Santa Ana) has called for Congress to refuse to confirm any future appointments to the Justice Department until the administration reverses its current stance on cannabis. He calls the issue a states rights issue, not partisan.

Rep. Barbara Lee (D-Oakland) said this isn’t just a fight for the status quo, but a chance to move forward. She proposed a bill to permanently block funding for the DOJ and other federal agencies to be used for pursuing states where cannabis is legal. HR 4779 also builds in protections for banks that work with the marijuana industry. Banks currently face massive hurdles in legally being able to work with marijuana businesses due to the illegal status of the companies at the federal level.

Banking with cannabis businesses is also on the mind of Xavier Becerra, attorney general in California, who joined a bipartisan group also pushing for the federal government to ease up off of banks.

A dozen mayors from cities across the country, including Long Beach and San Leandro, joined together to compose a letter to vocalize displeasure in Sessions’ aggressive stance against marijuana, citing the safe and highly regulated systems already in place and pointing out the will of the voters.

Other leaders have said they don’t believe the federal powers have the resources or much interest in targeting operations that are abiding by state laws. While our Orange County marijuana business lawyers hope this is true, we also know that hopes are not enough to protect the people of California and their businesses. It is urgent that representatives continue to fight for the best interests of the voters of California. It is also crucial for marijuana businesses to seek counsel from knowledgeable attorneys like ours, who will guide you and your business through these uncertain times to make sure that you are up to date on the latest laws and agile to changes at the federal level.

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:

How California Leaders Are Fighting Back Against Sessions’ Marijuana Crackdown – And What Could Get in Their Way, Jan. 17, 2018, By Brooke Staggs, Orange County Register

More Blog Entries:

Jeff Sessions Intends to Crackdown on Medical Marijuana Where It Is Legal, Dec. 10, 2017, Cannabis Law Group

Jan. 1, 2018, some might be caught off guard if they are stopped even with a small amount of cannabis at Border Patrol checkpoints in the state.

Representatives from the Border Patrol recently told the Associated Press that nothing has changed as far as their job is concerned. They intend to continue to uphold federal law at the eight California checkpoint locations, just as they have since medical marijuana was legalized in the state. The federal Controlled Substances Act, 21 U.S.C. Section 812 still classifies marijuana as a Schedule I narcotic, on par with heroin.

Many states have fought this classification, citing the health benefits the drug provides and the fact that marijuana is not lethal. This has led to a wave of medical and recreational legalization in many states, but U.S. Attorney General Jeff Sessions has been very vocal about his opposition to those efforts.

Therefore, those in charge of monitoring checkpoints will be adhering to federal directives for the foreseeable future. The Border Patrol has checkpoints within 100 miles of the Mexican border, created with the intention of curbing illegal immigration and drug smuggling.

However, roughly 40% of marijuana seizures at these checkpoints come from U.S. citizens carrying less than an ounce, according to data from 2013-2016. This means they would be in adherence to current California law and are still being punished.

Because Border Patrol officials can question drivers without cause and are not required a search warrant, they have a great deal of power at these checkpoints. Simply looking nervous can reportedly be enough to cause officers to pull a driver aside. Drug-sniffing dogs are often used to alert officers to marijuana and can detect even tiny quantities. And obvious attempts to avoid the checkpoint will almost certainly garner the suspicion of officers.

Our marijuana legalization attorneys in Orange County are very familiar with this clashing of state and federal laws. We are here to protect clients who face charges for possession, and will inform you of all your rights along the way.

While we acknowledge that operatives within Customs and Border Protection have stated that U.S. citizens with small amounts of cannabis are generally not charged, we strongly stand against the continued practice of seizing drugs and photographing and fingerprinting motorists, particularly those adhering to state laws.

In addition, the checkpoints are considered a nuisance to local residents, who get delayed in backups due to searches, some reportedly lasting up to four miles in the San Diego area. Residents also complain that they must deal with people cutting through their neighborhoods trying to avoid the checkpoints. They also are considered a privacy violation, with some residents refusing to cooperate at the stops.

Officials claim the practice curbs a significant amount of immigration and smuggling issues, with 34 established checkpoints along the Mexico border and 103 makeshift strategically shifting locations meant to protect major routes into the cities. But for those who endure the burdens of these searches, the benefits are less clear.

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:

As California Legalizes Pot, Laws Collide at U.S. Checkpoints, Dec. 27, 2017, Associated Press

More Blog Entries:

Confusion Between State and Federal Law Makes it Unclear Who Will Be Prosecuted for Marijuana Offenses, Sept. 12, 2017, Marijuana Legalization Attorneys Blog

The Proposed Bill According to Entrepreneur, Assembly Bill 64 proposes expansions to the Model State Trademark Law. These expansions would allow the state to issue trademarks to businesses which deal in medical cannabis and non-medical cannabis goods and services. Both Colorado and Washington have passed similar bills to protect cannabis business owners in their states. Interestingly, the bill also contains a provision to expand current prohibits on the advertisement of marijuana. Currently, such advertisements are banned on interstate highways, or state highways which cross the border of any state. Assembly Bill 64 would expand the prohibition to all state and interstate highways within California. Other Bills That Affect Marijuana Branding Cannabis business owners are also carefully tracking the progress of Senate Bill 162, which would prohibit the use of branded merchandise to advertise marijuana or marijuana-related products. The Advertising Specialty Institute reports that the bill was passed 40-0 by the State Senate. On September 1, 2017, the Appropriations Committee of the California Assembly placed a hold on the bill, which prevents it from proceeding to the full Assembly for a vote. The bill cannot become law until both houses of the state legislature have passed it. If passed, it will supplement existing restrictions on the advertisement of marijuana in California. These include prohibitions on signage, and advertising on broadcast, cable, print, radio, and digital communications in which less than 71.6 percent of the target audience can reasonably be expected to be 21 years of age or older. Of course, it is not just statewide legislation which affects cannabis business operations, and local legislation can have a far more dramatic effect. 23 ABC News reports that the Bakersfield City Council is moving forward with a ban on all commercial cannabis activity within the town limits. If passed, Bakersfield would be in the company of many other cities and counties across the state which have completely banned commercial cannabis operations – medical or otherwise – within their jurisdictions. An Orange County cannabis copyright and trademark lawyer can protect your legal rights with respect to all intellectual property issues, and ensure that your business is in compliance with all branding regulations. The Los Angeles Cannabis Law Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734. Additional Resources: California Bill Provides Trademark Protection for Marijuana Industry, February 16, 2017, by Dispensaries.com for Entrepreneur

More Blog Entries: Marijuana Company Embroiled in Branding Dispute, September 4, 2017, Cannabis Law Group

The Michigan study is an ongoing, four-decades-long research on the use of tobacco, alcohol and drugs. In this most recent analysis of the data, we find that those who are in the 40s and 50s used drugs in their youth far more frequently than the teens and 20-somethings of today. Excluding marijuana, more than 7 in 10 individuals who are in their 50s used illicit drugs at some point in their lives. When you include marijuana, that figure spikes to 85 percent – the vast majority.

When this cohort was in college, approximately half were actively using illegal drugs. Today, about 40 percent of adults who are of college age are using illegal drugs.

When researchers looked at college students in 1980 versus college students in 2015, they found:

• 36.2 percent of college students in 1980 were smoking cigarettes, compared to 20.1 percent today;
• 22.4 percent of college students in 1980 were using amphetamines, compared to 9.7 percent today;
• 16.8 percent of college students in 1980 were using cocaine, compared to 4.3 percent today.

Cigarette use in particular is at the lowest it’s ever been. Flashback just 15 years ago to 1999, and 44.5 percent of college students were smoking cigarettes. That has been more than halved to 20 percent today.

And when we look college students’ use of prescription painkillers, there has also been a dramatic decline. Whereas 9 percent of college students in 2003 were using prescription opioids, today, that figure has dropped to 3 percent. This is true even though we know the use and abuse of these types of drugs has grown exponentially in recent years, meaning most of that growth can be attributed to older users.

Part of this decline could be the fact that awareness of the dangers of some of these substances is becoming more clear. This theory also explains why we’ve likely seen an uptick in marijuana use around young people. Legal marijuana, both for recreation and as medicine, has done a lot to lessen the perceived danger of the drug. In addition to studies that show marijuana is less risky in many ways than alcohol, negative messages about marijuana on social media are uncommon.

Compare that to the messages being received about synthetic marijuana, sometimes referred to as spice. When this family of drugs started to become popular, we began to see a flood of Twitter and YouTube videos revealing the horrifying effects of some of those drugs. That undoubtedly played a role in the reduction of spice use among college students from 8.5 percent in 2003 to 1.5 percent in 2015.

Researchers are careful to say this doesn’t necessarily mean we are moving to becoming a drug-free society. It’s possible that this period of overall declining drug use could be met with a surge, as we saw from the 1980s to the 1990s. However, there is also a fair amount of evidence to suggest that an uptick in marijuana use is associated with declining rates of opioid use. Marijuana is known to be safer and far less addictive than opioid substances, and this fact will likely dictate future use patterns to some extent.

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

Additional Resources:

College High: Students Are Using More Marijuana, Fewer Opioids, Sept. 9, 2016, By Angus Chen, NPR More Blog Entries: Federal Appeals Court: License Plate Profiling Illegal, Sept. 7, 2016, Orange County Marijuana Lawyer Blog