Assembly Bill No. 2188 calls for revision of the state’s Fair Employment and Housing Act (FEHA) – specifically the provision that deals with employment antidiscrimination. It would make it unlawful for employers to take adverse employment action against adult applicants or employees based on the individual’s use of cannabis off the jobsite and while not working. Employees who test positive for non-psychoactive cannabis metabolites in their urine, blood, hair, or bodily fluids could not be discriminated against.

However, the law would not allow workers to be impaired by cannabis, use it at work, or violate employer rules in accordance with maintaining a drug-free and alcohol-free workplace, as outlined in California Health and Safety Code Section 11362.45. There would also be an exception for federal contractors, federal funding recipients, federal licensees required to maintain drug-free workplaces, and those who work in the building and construction trades. Any employer required by state or federal law to test employees for controlled substances would also be exempt.

As our Los Angeles marijuana lawyers can explain, if this bill passes, it would be the first California workplace law protecting cannabis users. When voters legalized the use of medicinal marijuana in 1996, there was no baked in provision to protect off-duty, off-premises medical marijuana use. Further, even after recreational marijuana was legalized in the state in 2016, a 2018 California Supreme court ruling in Ross v. RagingWire Telecommunications, Inc. held that a person with disabilities who used medical marijuana was NOT protected under FEHA. AB 2188 would represent a marked shift from that position – and protect not just medical marijuana users, but also those who use recreationally.

Similar measures have been passed in other states (New York, Nevada, New Jersey, Connecticut, Rhode Island and Montana), and the movement is gaining traction at the local level at various cities across the country.

City council members in Washington, D.C. unanimously passed a bill recently that (if approved by the mayor) would protect employees who test positive for marijuana from being fired. The Cannabis Employment Protections Amendment Act of 2022 would also prohibit employers from firing workers who use marijuana for recreational or medicinal uses. That bill has a few exceptions. For example, they won’t be considered in violation of if they’re acting under federal guidelines OR if the worker consumes the drug while at work OR is under the influence while performing work-related duties. It also doesn’t apply to those in safety-sensitive occupations, such as law enforcement, construction, security, health care, gas/power companies, or those who operate heavy machinery. The measure will allow employers to enact provisions that ban the possession, storage, delivery, transfer, display, sale, purchase, or growing of cannabis at one’s place of employment.

Additionally, New York City, Atlanta, Philadelphia, Baltimore, Richmond, Kansas City, and St. Louis have ordinances that protect the employment rights of marijuana users. Some of these extend just to city workers, others to all employers in those jurisdictions.

It’s unclear the odds for AB 2188 passing. Although it has cleared the state Assembly, it still requires approval from the state Senate and the governor. If it does make it to the governor’s desk, he’ll have until the end of September to sign or veto it.

As it stands, the California Chamber of Commerce is in opposition to the measure, citing the feasibility and cost of alternative drug testing that would be required to omit marijuana usage.

Our L.A. cannabis lawyers will be watching closely this measure’s progression.

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:

California Lawmakers Aim to Protect Workers’ Off-Hours Pot Use, April 18, 2022, Bloomberg Law

More Blog Entries:

Can California CBD Retailers Carve a Lasting Competitive Advantage? May 28, 2022, Los Angeles Marijuana Lawyer Blog

• Shops
• Lodging
• Tours (including bus tours)
• Marketing

Some tours offer scenic drives, glass-blowing demonstrations, food, a chance to smoke with Tommy Chong and more.

Los Angeles marijuana tourism attorneys know that some firms had a bit of a struggle making their way into the fray, given that legal marijuana is approximately 35 percent higher cost than what is available on the black market. Medical card recipients pay a bit less, given that they aren’t subject to the state excise tax. Aside from them, people who come to California specifically for this purpose don’t seem to mind too much paying the extra cost, given that they’ve come for the experience – and to revel in the ability to enjoy their buds without worrying about a bust.

Companies latching themselves to these opportunities have the potential to make decent profits – but only if they can establish themselves in a way that minimizes the risk of their own liability. That includes, firstly, the potential liability that any tour company catering the imbibing crowd might need to consider.

The possibility that someone with a pre-existing condition might suffer a health emergency on the tour as a result of consuming the drug, thereby leaving them susceptible to injury or permanent disability.

• Potential for slip-and-fall injuries, occurring either at the shop or while getting on/off the bus, etc.
• The risk of a motor vehicle accident while transporting customers from one place to another.
• The potential for food poisoning, whether related to the cannabis content of the edible or not.
• Someone under-21 manages to get on the tour and/or is somehow harmed.

Much of this would generally be covered in a carefully-written liability waiver.

But then there are concerns that may uniquely be within the realm of cannabis, due to its status as a Schedule I narcotic. For example, if you are a hotel that hosts individuals who are visiting for marijuana tours just as you would any other, that might not be anything for which you’d need anything more than a commercial general liability policy. But if you’re advertising your services expressly in concert with the Los Angeles cannabis tourism venture, the underwriter for the policy may be looking to exclude coverage for anything that is “marijuana-related” – for fear of reprisal from the federal government, given marijuana’s status under federal law as a Schedule I narcotic. Although hotels and other lodging lessors stand to make a lot of money by being “420-friendly” (thanks to California’s stringent rules that strictly limit places in which one can vape, smoke, or eat cannabis and the fact that most hotels in California are smoke-free), they will want to speak to a marijuana tourism attorney before adding their brand to the ads.

Another factor marijuana tourism companies will need to decide is setting policy with regard to employees consuming marijuana on-the-job. If that in any way results in harm to customers – particularly one that might have been foreseeable – a liability waiver may not be enough to insulate your firm.

Then there are questions of how you might accept payment. Most banks and credit card companies will not sanction purchases that will facilitate the sale of marijuana – again, thanks to the federal law.

These are the kinds of issues that marijuana tourism companies need to carefully discuss with an attorney experienced in California marijuana business law. Attorneys at our firm have been practicing marijuana law in this state for more than a decade.

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 for tourists: Hollywood, beaches … and pot? May 21, 2018, By Marjorie Miller, Associated Press

More Blog Entries:

L.A. Marijuana News: Bong Makers Tackle Alleged Trademark Infringement, Jan. 17, 2019, Los Angles Marijuana Tourism Attorney Blog

• What? Proposition 64 was approved by voters and made legal adult-use marijuana.
• Who? Residents 21 years or older.
• When? As of Jan. 1, 2018.
• Where? Now, that’s a trickier matter.

Firstly, the state law did not automatically go into effect everywhere. From county to county, city to city, local governments have been making decisions about whether to maintain a ban on recreational cannabis or to legalize and set up regulations. Some of the big cities, like Los Angeles, San Francisco and San Diego have permitted recreational sales. Some areas, like Orange County, cultivation is allowed with restrictions, but manufacturing and retail are banned. Los Angeles took a different route, allowing retail but not cultivation or manufacturing. Other counties, like San Bernadino, don’t permit any recreational cannabis activity.

The confusion intensifies when you put a magnifying glass to one of those regions. Take Los Angeles for example, where the city is still ironing out where businesses are allowed to set up shop. Leaders have already agreed that marijuana retailers should not be within 700 feet of schools or public parks, also known as “sensitive use” locations. But the debate is still boiling as to what constitutes a “sensitive use” location, according to a report from KPCC, Southern California Public Radio.

Some council members have looked at areas where families and children congregate and have proposed adding extra restrictions to prevent marijuana businesses from opening nearby. While this in itself doesn’t seem unreasonable to most, the terms used to identify these regions can be too broad. In particular, city council added areas zoned as “open spaces” to the restricted locations, primarily with the intention of keeping cannabis retailers out of the LA River area. But in doing so, the council unwittingly also excluded streets with traffic medians, which all fall under open space zoning.

Advocates concede to having a buffer zone for the LA River, but point out that applying restrictions too broadly is unnecessary. One group has reached out requesting medians be removed from open space zoning. But while our law firm is pleased to see the city working so hard to cooperate with cannabis businesses and make room for them in the city, it does make it clear that council needs to be more considerate when making these rules. Especially with more restrictions possibly on the way. Council is currently considering creating buffers between parks in other cities that are near the Los Angeles border.

Our trusted cannabis business attorneys in Los Angeles know there are growing pains when introducing a new industry and all of its regulations into a city. We also know some of these regulations are a bit overly cautious, trying to ease the fears of those who are still hung up on myths about marijuana and marijuana users. Marijuana business owners want to comply with reasonable laws, but shouldn’t have to try to hit a moving target. If you’re setting up your marijuana retail shop in Los Angeles, our lawyers have the experience to help you establish yourself while navigating local and state restrictions.

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:

LA is Still Ironing Out Its Rules on Where Pot Shops Can Open, Feb. 16, 2018, By David Wagner, KPCC Southern California Public Radio

More Blog Entries:

Los Angeles Marijuana Businesses Miss Jan. 1 Rollout, Jan. 2, 2018, Cannabis Law Group

commercial sales. While the Adult Use of Marijuana Act made recreational sales legal in the state Jan. 1, it is still up to city and county governments to decide for themselves whether they will issue a ban or set up their own guidelines and regulations. Implementation of guidelines takes time, and some cities, Los Angeles included, were not able to get them in place before the rollout at the beginning of the year.

Los Angeles City Council approved commercial marijuana sales early in December, and by mid-January about two dozen businesses in the city had been granted temporary permits. Three of those businesses had state approval secured and were able to open for business that week, according to an NBC News report. More regulations will have to be met down the road to achieve legal status permanently, the Los Angeles Department of Cannabis Regulation told NBC.While this was happy news for the city, the delay was frustrating to some dispensaries, who wanted to follow proper legal channels but felt they were being punished while hundreds of unlicensed operations profited from recreational sales. Not only are these businesses operating without regulation, but they also are not paying taxes, those who have followed procedure complained. Officials in L.A. said they intend to tackle black market sales and shut down unlicensed operations.

That is why it is so crucial for serious owners to speak to our Los Angeles recreational cannabis business lawyers. Our experienced California marijuana attorneys are on top of all the latest laws and regulations to keep your business in compliance with local and state laws. While cutting corners might be tempting in the short term, such a decision can have devastating effects, potentially costing you your business, your hard earned revenue, and leading to possible legal ramifications. If you’re looking to start a business for the first time, we can walk you through all the necessary steps to establish your company and guide you through the licensing process with ease.

Recreational cannabis has been a longtime coming in the state of California, which was the first to usher in medical marijuana more than 20 years ago under the Compassionate Use Act of 1996. The state lagged behind a few others who have been reaping the benefits of adult use laws, with Colorado, Washington, Alaska, Oregon, and Washington, D.C., opening the recreational floodgates.

Illegal adult use has been prevalent in Los Angeles for some time, with residents taking advantage of black market availability. Others tried to stay above board by obtaining a medical marijuana card, though it is a not-very-well-kept secret among Californians that a recommendation for a card is easy to get from the right doctor, with little proof necessary of an ailment. Leaders in Los Angeles hope that through recreational marijuana legalization, they can weed out illegal distribution channels and smooth out the system for residents to have safe and easy access to cannabis. It also will clear the way for the city to collect tax revenue previously lost to an illegal economy that has been thriving under their radar.

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:

Los Angeles Marijuana Dispensaries Begin First Legal Recreational Sales, Jan. 20, 2018, By James Rainey, NBC News

More Blog Posts:

L.A. Slated to Become the Largest U.S. City With Legalized Recreational Marijuana, Dec. 7, 2017, Los Angeles Cannabis Lawyers Blog

Case-in-point: In January, officials with the U.S. Drug Enforcement Administration, alongside police officers from the San Diego Police Department, raided Med-West Distribution. This was a legal medical marijuana business that carved its niche refining cannabis oil for use in vaporizer pen devices. Officers decked out in helmets, tactical vests and heavily armed barged in, pointed guns at workers, handcuffed those inside and scoured the property for valuables. They seized a safe with $325,000 in cash. Officers high-fived one another as they left. Subsequent to that, in June, local police served to seizure warrants on the business’s cash as well as on the owner’s own family. The department pilfered nearly $100,000 from the family’s personal savings and checking accounts – funds that are totally unrelated to Med-West. Their two teen daughters lost their entire college savings – about $11,300.

The owner today says he is baffled. He was operating a marijuana business legally in compliance with state laws and local regulations. Neither the owner nor his wife has been charged with any crime. None of his employees, several of whom were arrested, were indicted in connection with that raid. And yet, the police department has refused the family’s repeated requests to return their money. Further, prosecutors have yet – more than 10 months after the fact – to file a civil forfeiture action against their bank accounts.

Without access to this money, the business has gone under. Thirty-five employees are out-of-a-job. The owner is scrambling each month to pay his personal bills, worrying how he will cover his daughter’s tuition. He’s struggling to cover the support of his octogenarian mother.

Desperate, the family is taking legal action, and according to Forbes.com, recently filed a motion in a San Diego Superior Court to ask the court to force law enforcement to return their property.

These types of civil forfeiture actions have the potential to ruin lives. Take, for example, the college student whose entire life savings was seized by federal drug agents, even though he’d never been charged with a drug-related crime. Then there was the attempt by agents in Anaheim to seize a $1.5 million property because a landlord there rented to a medical marijuana dispensary that sold four grams of marijuana to an agent acting in an undercover capacity without a valid prescription.

Our marijuana asset protection attorneys in Los Angeles know that civil forfeiture is a blatant abuse of power. Yet it’s perfectly legal because, even though medical marijuana has been legal in California since 1996, detectives are able to justify these actions by citing federal law or even state bans of “chemical extraction” of cannabis concentrates. Never mind the fact that the law being cited here was intended to target methamphetamine laboratories and other operations that produce highly combustible and dangerous materials. But either way, it shouldn’t matter in the San Diego case because there wasn’t any raw marijuana or extraction equipment discovered at this cite. This company wasn’t performing extraction.

Courts in California have firmly held that police must adhere to probable case standards. Authorities are acting as if they are carrying around a blank check for these seizures, but in reality, they do have to afford people their due process rights.

If your rights have been infringed or your property seized in a California civil forfeiture action, we 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:

Cops Raid Medical Marijuana Business, Seize Over $100,000, Including Teenage Girls’ College Savings, Nov. 2, 2016, By Nick Sibilla, Forbes.com

More Blog Entries:

Forget Trump, Clinton – Marijuana Will be the Real Winner of This Election, Oct. 22, 2016, L.A. Marijuana Attorney Blog