Recently, though, two California cannabis company top executives were arrested, their company also charged, for allegedly dumping 1,500 pounds of toxic waste in violation of U.S. Environmental Protection Agency regulations.

The indictment, filed last month in the U.S. District Court in the Southern District of California, notes a history of illegal dumping of waste material from the firm’s cannabis extraction lab. Specifically, drums of ethanol waste.

Cannabis Extraction Results in More Ethanol Waste

Ethanol and Its Guidelines

Ethanol is a dangerous waste material firstly because it is highly flammable and combustible. Strict industry standards govern handling, use, transport and waste disposal of ethanol used by cannabis businesses. The guidelines are in place to limit risk to both human and environmental danger.

The U.S. Food & Drug Administration classifies ethanol as a Class 3 solvent, meaning a person may be at low risk of either acute or chronic toxicity if they ingest it, but it can be hazardous in a workplace. That’s why OSHA has guidelines about environmental exposure to workers and the National Fire Protection Association denotes it as a Class I flammable liquid, requiring careful storage and disposal.

Proper Disposal of Ethanol Waste by California Cannabis Companies

As Los Angeles cannabis laboratory attorneys can help explain, these products are prohibited from simply being dumped down the drain. EPA rules won’t allow dumping toxic/flammable material into a public sewer – even if you dilute it with lots of water.

It should also be noted that federal environmental protection authorities don’t base this decision on the quantity disposed. So even if you have a small amount, it’s still not considered legal to dump it.

Cannabis laboratories can face felony federal charges per 42 U.S.C. 82 if defendants are caught intentionally trying to avoid proper collection and disposal of these chemicals (typically to sidestep cost). In addition to dumping down the drain, igniting or pitching in the trash, other forms of illegal disposal of ethanol can include:

• Evaporation;
• Dilution;
• Neutralization of chemicals.

Proper disposal of ethanol by California cannabis companies involves:

• Donning appropriate protective gear/equipment;
• Decontamination of the work area with soap and water;
• Solid waste material that contains ethanol (i.e., rags or paper towels) should be thrown into waste bins;
• Bins should be kept clear of any source that might ignite them as well as clear of sinks or drains where any waste might sink into the drainage system;
• Waste containers must be have a securely-closing non-fume lid (to assure incompatible chemicals aren’t accidentally mixed together) and be appropriately labeled as holding hazardous waste;
• Title, contents, date should be recorded on the bins tags immediately upon depositing the ethanol in the containers;
• Garbage containers with ethanol in them need to disposed of within three months.

Additional protocols exist for larger spills.

Prosecutors: Cannabis Lab Hired Driver to Dump Waste

According to the indictment, the two company owners hired an unlicensed waste disposal driver to dump 28 drums containing some 55 gallons each at half a dozen sites in a single Southern California county. This occurred from November 2017 through last June.

Defendants are accused of paying the hauler in cash and failing to file the necessary paperwork required when disposing of this type of waste.

An attorney for the cannabis executives refuted the allegations to local media, insisting his clients were permitted and regularly inspected by the state and were at all times in compliance with state and federal regulations. The pair reportedly knew nothing about illegal dumping, the lawyer said. He placed the blame instead on an inexperienced consultant hired to assist the firm in maneuvering legally through state and federal laws.

If that’s true, it’s a good lesson in why it’s imperative to choose your cannabis counsel carefully.

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

Additional Resources:

U.S. v. WellsgreenSCA Inc., et al, June 19, 2019, U.S. District Court for the Southern District of California

As California marijuana lawyers can explain, the biggest problem has been the continued federal prohibition on the drug. Under the Controlled Substances Act defining cannabis as highly addictive and dangerous with no recognized medicinal purpose, those who possess, distribute and transport the drug have committed crimes – even if it was all perfectly legal under state law. This conflict has impacted everything from banking to commercial leasing to business partnerships.

Airline travel is just one more area in which the industry and its consumers need to be mindful. When in doubt, be exceedingly cautious. Check out the policies of airlines both at your departing location and destination city.

Los Angeles International, which is the No. 5 busiest airport in the world, recently announced a policy change pertaining to pot in the airport. Customers over 21 and older can have their marijuana on site. Similar policies are in place at Sea-Tac and Portland International, both of which abide by state laws in Washington and Oregon. That said, most airlines still won’t allow it on-board, but Portland International even allows travelers to carry their stash on the plane on flights within the state, despite the fact airlines prohibit it.

Indeed, it’s an increasingly tangled legal web, with airports and airlines alike scrambling to keep pace with rapidly-changing laws and public attitudes and consumer demands – while still balancing their obligation to federal law.

Keep in mind, no matter which airport you’re in, personal possession of marijuana won’t be allowed beyond the security checkpoint because this is a federal zone where U.S. law applies. That means no amount of marijuana is allowable. Most airlines won’t let you bring it either. Still, the Transportation Security Administration (TSA) can confiscate your drugs. That’s not their purpose, mind you – they’re there to combat terrorism, not carry on the failed War on Drugs. So when they do find drugs, they call local police. If you’re in a state and city that allows legal marijuana, usually the most hassle you’ll get is an officer asking you either to throw it away, store it in a vehicle in the parking lot or call a friend to come pick it up. Police in Portland, Oregon have responded to roughly 80 calls pertaining to airline travelers so far in 2018, compared to 74 this time last year. TSA calls to police at the Los Angeles airport have been increasing also, according to authorities, since the law changed allowing recreational use. Most of these calls, police explained, are due to misunderstanding. They go to a California marijuana dispensary, purchase legal marijuana, pack it into their checked luggage for a flight to Texas, and soon they’re facing felony charges.

In instances wherein TSA doesn’t find your packages of pot, you might actually get through screening and make it onto a flight. That doesn’t mean you did nothing technically illegal, just that you got away with it.

Throughout the airport in Las Vegas, you’ll find 20 so-called “amnesty boxes” where you can toss away your leftover marijuana that you forgot to leave behind before you arrived for your flight. Whatever is left in those containers is destroyed, according to the county government.

Airport authorities in Las Vegas say marijuana isn’t a major issue for them. In fact, it’s the people who are drinking alcohol that tend to be more aggressive and pose a bigger problem. Those who are high on marijuana, they say, tend to be low-key and often apologetic. In Denver, officials say they have more problem with water bottles than marijuana. Canadian Customs and Border Protection indicated on that if a person is traveling from Canada to the U.S. for purposes related to the marijuana industry, they may be deemed inadmissible to the U.S. People who work in the marijuana business industry but are traveling to the U.S. for unrelated purposes can generally be expected to be granted entry. However, as our Los Angeles marijuana attorneys can explain, it may result in some tricky questions for those who are asked about their employment. In general, one should never lie, but also bear in mind you can answer these questions narrowly, succinctly. The less information you can give, the better. The TSA has been known to remove those working in the marijuana industry or those caught traveling with it from the PreCheck or U.S. Trusted Traveler programs (which reduce one’s return into the country).

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 Pot Is a Nightmare for Airports and Travelers, November 2018, Bloomberg

More Blog Entries:

California Cannabis Intellectual Property Licensing Just Got More Complicated, Oct. 31, 2018, California Marijuana Lawyer Blog