Strategic Logistics The Napa Valley Register reports that one Napa architect has created a niche for himself in the design of grow houses. In addition to meeting ADA and other code requirements, these designs also integrate ventilation and air filtration systems which help growers maintain healthy crops and profits. Sufficient power – and the use of LED lights to reduce the grow houses’ power demands – are also critical components of the designs which help business owners maintain profitable operations. City and county officials are scrutinizing plans for grow houses more carefully than other buildings, and it is therefore especially important for growers to ensure their plans are made carefully, strategically, and professionally. Locations for the cultivation, processing, distribution, and retail sale of marijuana is, of course, just one of many logistical concerns faced by cannabis business owners. New permits, licenses, and tax documents will be required for recreational marijuana sales. In the case of taxes, conflicts between state and federal law will require separate filings for federal, state, and local taxes. Regulatory requirements also apply to other businesses in the supply chain. Cultivators, for example, should ensure that their distributors and retailers are in compliance with all cannabis regulations. Failure to do so could cause costly interruptions in daily business operations. Strategic Business Plans Like any business owner, cannabis entrepreneurs must have plans in place to ensure both short and long-term profitability of their companies. There are many considerations unique to cannabis businesses. How will the business recoup costs unique to marijuana regulations? Will the company’s marketing plan be able to adapt to prohibitions on advertising? What about rapid regulatory changes which affect your business operations, or those of your suppliers or distributors? Banking and financial services are a particular concern for cannabis business owners. Despite the fact that a marijuana business is operating lawfully under California state law, marijuana is still classified as a Schedule I drug under federal law. This means that such businesses are generally unable to access banking services through traditional, federally-regulated financial institutions. When a lack of financial services forces cannabis businesses to operate in cash, security also becomes a very real concern and expense. The transportation of cash and cannabis exposes business owners to financial losses and violent crime. An experienced Orange County cannabis business planning lawyer can help entrepreneurs arrange logistics and develop a business plan that will build profitable operations from the ground up. By preparing now, cannabis businesses can be up and running as soon as business licenses are issued in January 2018. The Los Angeles Cannabis Law Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734. Additional Resources: Napa architect helps build grow houses, September 15, 2017, by Jennifer Huffman, Napa Valley Register More Blog Entries: California’s Recreational Marijuana Laws Can Expose Cannabis Businesses to New Operating Expenses, July 25, 2017 by the Cannabis Law Group

When Proposition 64 was drafted, it was done in such a way that would appease many of the opponents of legal use of recreational marijuana for adults. This is because while it was not as liberal as they would prefer, if was to pass, there would have to be some major concessions, so that is what happened. While the law did get passed at the ballot and will go into effect on January 1, 2018, there are still some issues that may cause hardship to those who wish to smoke marijuana in their homes.As our Los Angeles medical marijuana attorneys can explain, Proposition 64 clearly states that owners may forbid smoking of marijuana on their property, so long as they follow already existing landlord tenant laws. This does not mean that any cannabis products would be banned as these tenants could still consume their cannabis in edibles and though various types of oils. The landlord would only be able to prohibit the smoking of dried cannabis flowers. However, this is the still the most popular way cannabis is consumed, despite the many vaporizers that are now on the market.

In addition to smoking marijuana, the apartment complex also has the right to prevent tenants from cultivating marijuana. The reason for this provision is that many are concerned that growing cannabis indoors, even with new high tech grow operations, leads to a very strong odor that would interfere with the quiet enjoyment of other tenants in the building or apartment complex. It should be noted that the term quiet enjoyment is an old legal term that not only refers to sound, but also to any type of nuisance that makes it unpleasant to live on your own property or rental unit.

If you are found to be smoking in your apartment, and there was a no smoking provision in your lease, they could not call the police and have you arrested, but like any other alleged lease violation, they could start the eviction process. This applies to whether someone is smoking marijuana or if they are smoking tobacco. Since secondhand smoke and odor are the issues claimed, it is very likely that an apartment complex or landlord would prohibit the smoking of any lighted materials, whether it is marijuana or tobacco.

This is a hard fact to deal with for those who wish to smoke marijuana at home, as our state has very strong feelings about the use of lighted tobacco products, and these same provisions are the ones that will apply to marijuana smoking. This is true even with many people supporting the legalization of the recreational use of marijuana for adults.

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

Additional Resources:

Some California Renters Face Additional Restrictions on Smoking Pot at Home, July 3, 2017, By Jessica Rice, NBC News 4

More Blog Entries: Report: Colorado Marijuana Laws May Not be Safe, Feb. 5, 2017, L.A. Marijuana Lawyer Blog

Although the council had initially given its blessing, any new law in the city mandates two separate votes. On the second round, that 3-2 division became a unanimous 5-0 vote NOT to approve the pot shop plans.

Undoubtedly, their decision was swayed by a swell of public opposition to the measure, as constituents voiced fierce opposition to the measure. According to the Orange County Register, Mayor Jeremy Yamaguchi said he would shelve the issue, while leaving the possibility of further research and discussion on the table. He said the process might have moved too quickly, as many residents expressed a desire for the council to take more time to study the issue and its potential impact on the community.

For hours after the mayor made that statement to an overflowing council chamber, scores of residents spoke in strong disfavor of the marijuana measure. Many of those who voiced opposition were parents who expressed concern about the impact such a measure would have on their children. Mothers waxed poetic about “mama bear instincts” and a strong desire to protect their children.

Our Orange County marijuana lawyers certainly understand the desire to protect children from dangerous or illicit drug use. However, we do hope the council does not close the door on the issue in the face of ill-informed rhetoric – passionate though it may be. There is ample research to show that teen drug use – and teen marijuana use in particular – does not spike, even despite increased availability. The Johns Hopkins Bloomberg School of Public Health released a study in September 2015 that showed marijuana use among U.S. high school students has dropped substantially in the last 15 years, even despite the increasing number of states that have legalized the drug for both medicinal and recreational purposes. Another study published in The Lancet Psychiatry in June 2015 revealed no difference in teenage marijuana use in the states that have approved medical marijuana compared to those that have not.

Here’s the bottom line: Marijuana is medicine. Yes, some people do use it for recreation and we know that early use in adolescence can lead to harmful outcomes long-term. However, there is no evidence to suggest making the drug available for medicinal use for those who are chronically or terminally ill increases that probability.

There were some at Placentia’s meeting who seemed to understand this. There were a handful who testified in favor of marijuana business in Placentia, and pointed out much of the fear that was being expressed was based on myths and misunderstandings. Some pointed out that those speaking out against the proposed marijuana ordinance were demonizing good people just trying to broaden their access to medicine.

The issue could be revisited with a ballot issue in November.

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

Additional Resources:

Placentia council changes mind, won’t allow medical marijuana businesses, June 8, 2016, By Jonathan Winslow, The Orange County Register

More Blog Entries:

Marijuana Legalization Has Not Increased Teen Use, June 15, 2016, Orange County Marijuana Lawyer Blog