The statute formally goes into effect on Jan. 1, 2024. The law forbids employers from making decisions to hire, fire, or take any other adverse employment action on the basis of a drug test that detects “nonpsychoactive cannabis metabolites” in the test taker’s urine or hair. It’s worth noting that such a test is not an accurate indicator of current impairment (something employers still have control over). Cannabis-positive urine and hair follicle tests are only indicative of recent cannabis use – and “recent” can mean weeks prior.

Our Orange County marijuana lawyers – who also handle Southern California employment law cases – recognize that such tests are not only offensive, but a clear invasion of an employee’s personal privacy over their own body. Recreational marijuana use by adults – just like alcohol use – has been legal in California for years. We don’t penalize workers for after-hours cocktails or wine with dinner. Why should workers be punished for legal cannabis use off-the-clock?

Of course, workers can still be penalized for being under the influence of cannabis on-the-job. Companies are not obliged to continue employing individuals who come to work impaired. But determining impairment involving cannabis is a bit trickier than with alcohol. Alcohol cycles through the human body quickly. Therefore, a blood, breath, or urine test that shows traces of alcohol is decent proof that the consumption was fairly recent. Often the higher the amount of alcohol concentration, the more recent the consumption and/or greater the degree of inebriation.

But cannabis stays in the body much longer. That means traces of it don’t necessarily translate to intoxication. It’s possible that other methods, such as oral swabs, may be able to detect more recent use. But employers pursuing adverse employment action against an employee for cannabis impairment at work will likely want to have additional evidence of on-the-job intoxication beyond merely the results of a chemical test.

A few industries are exempt under the law. Those include the building and construction industry, as well as individuals applying for posts that require federal background clearance. It also doesn’t preempt state or federal las requiring drug testing for receipt of federal funding, federal licensing, or federal contract. (The drug, still, remains unlawful at the federal level.)

Further, California employers can still mandate drug screens as a condition of requirement as well – so long as that testing does not involving screening for nonpsychoactive cannabis metabolites. (This type of metabolite is what becomes of tetrahydrocannabinol, or THC, the chemical compound that causes psychoactive effects, after it is consumed by someone. This metabolite can remain in the human body for weeks after consumption, but is not an accurate indicator of marijuana intoxication.)

Numerous New California Cannabis Laws Signed by Newsom

The law protecting off-the-clock use of cannabis was just one of nine California cannabis-related policy changes Newsom recently approved. Among the others:

• SB 1326, which creates a process for California to enter into agreement with other states for the purpose of allowing cannabis transactions with entities outside of California.
• SB 1186, which preempts local bans on delivery of medicinal cannabis, effectively protecting patients’ rights to legalized, regulated, medicinal cannabis products.
• AB 1706, which seals old cannabis-related convictions in California.
• AB 1885, which authorizes the use of cannabis for medicinal purposes and provides several legal protections for doctors and surgeons who recommend the use of medicinal cannabis to their patients.

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:

Governor Signs Bills to Expand the Legal Cannabis Market, Address Impacts From Past Prohibition of Cannabis, Sept. 18, 2022, Office of Governor Gavin Newsom

The reform that Schumer and other lawmakers are discussing would also have a restorative justice element for those previously convicted of marijuana-related offenses.

The failed “War on Drugs” has inevitably proved to be a war on people (namely, people and communities of color). Ending prohibition is essential, but it’s really just the start. Some of the damage can never be undone, but restorative justice measures that erase criminal records for non-violent marijuana-related offenses is necessary to begin turning the tide and helping the communities that have been decimated by these drug policies.

This is especially important in light of the fact that California, like many other states, have legalized the drug and opened the door for growing, harvesting, processing and sales to turn a profit – while individuals are still serving decades-long sentences for the very same deeds.

Senators planned to release a draft of comprehensive reform legislation sometime in the first half of the year, with the goal of passing that reform later this year.

In addition to tossing prohibition and enacting some form of restorative justice, the lawmakers said the package should have some type of uniform tax and regulatory rules to help make the process easier for those traveling or doing business across state lines. That could potentially mean markets will be substantially more open.

This isn’t the first time Schumer and others in Congress have pressed for cannabis decriminalization laws. This time, though, it seems the measure has a real shot at passing – particularly given the growing public support for marijuana legalization. A Gallup poll late last year revealed nearly 70 percent of Americans were in favor of legalizing the plant. What’s more, every single initiative that involved legalization or decriminalization of marijuana in the U.S. last year passed.

Just this year, voters in both Arizona and New Jersey approved measures to legalize recreational marijuana use for adults. Even historically much more conservative states, like Mississippi, agreed to legalize it for medicinal use. As it now stands, 36 states allow medicinal use of the drug while 15 and the District of Columbia allow it for adult recreational use. Oregon has even taken it a step further by decriminalizing hard drugs.

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:

Democratic senators will push to pass pot reform bill this year, Feb. 1, 2020, By Christian Nunley, CNBC

The news impacts nearly 60 businesses with now-expired licenses.

The businesses faced a host of expensive consequences if the city chose to report them to the Los Angeles Police Department or other state agencies. Now, they will have until March 1st before such actions will be taken.

Any cannabis business struggling to comply with local or state licensing requirements or regulations should consult with an experienced Los Angeles cannabis business attorney who can help you work your way through the red tape.

In early December, a city councilman introduced a motion to give businesses until Feb. 28th to get their licenses renewed, something a DCR spokesperson said the agency supported.

L.A. Cannabis Businesses Cautiously Relieved

Response from local stakeholders in the industry was a mixed bag of relief but also trepidation. Some were quoted as saying they were grateful for the relief, but some unanswered questions remain. While the DCR has essentially said it’s going to look the other way for a few months, it’s unclear what exactly that means or whether there could still be penalties or other consequences for operating during that window unlicensed.

The DCR’s email expressly told those with expiring licenses that the agency’s decision was “in no way” meant it was abdicating its responsibilities or right to take action under local laws and regulations, and neither does it stop any other city or state agency from taking their own independent action.

Businesses that are technically operating on a local permit that is expired may be at risk of enforcement action from the California Bureau of Cannabis Control. If the agency initiated an inquiry into a certain operation, city regulators would have to be honest and say the business is operating without a license. That means these businesses are still potentially at risk of some enforcement action between now and March.

The hope is that the DCR and city council is acting in good faith, given that everyone realizes little good is going to come of it if these businesses are shuttered. If instead status quo can be maintained while cannabis businesses have a fair chance to catch up, there is less likely to be legal challenges and other costly action taken.

Some operators are considering relocating, considering the permit delays, confusion and other problems they’ve encountered operating in Los Angeles. They should make sure before they do that they’ve secured proper permitting in that locality. Our Los Angeles marijuana licensing attorneys are available to help answer your questions and be your advocate.

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:

In reversal, L.A. says no enforcement against nearly 60 marijuana firms with expiring permits, Dec. 23, 2020, By John Schroyer, Marijuana Business Daily

The Marijuana Opportunity Reinvestment and Expungement Act (or MORE Act) would remove cannabis from the list of U.S. controlled substances. It would also expunge lower-level federal marijuana arrests and convictions and provide incentives for minority-owned cannabis businesses in a market that has been expanding rapidly in recent years – not just in California, but throughout the country. Additionally, it would establish an excise tax on marijuana sales, allowing that money to be funneled into areas that were particularly hard-hit by the failed war on drugs.

The measure was largely approved along party lines, though five Republican representatives and one independent joined Democrats in passing the bill. Half a dozen Democrats voted against it. NPR quoted the bill’s sponsor as saying federal action on the issue is an imperative, given that the majority of states plus Washington, D.C. have recognized medical cannabis as legal and 15 allow its sale and possession for adult recreational use. Those who voted in favor of the bill say it is long overdue, particularly as so many of the arrest and sentencing laws have placed an unfair burden on minority and low-income communities. Research conducted by the ACLU has established that people of color are four times more likely to be arrested for possession of marijuana than their White counterparts, despite evidence these groups use the substance in equal measure. Federal estimates are that some 22 million Americans regularly use marijuana.

Republicans stood sharply opposed to the measure, saying those who break the law shouldn’t be eligible for early release. They also alleged legalization would lead to a surge of road injury and deaths caused by drivers impaired by marijuana. Evidence of a correlation between legalization and impaired driving crashes is conflicting.

There is, however, hard evidence that marijuana laws are selectively enforced, a fact that is known to ruin lives. Despite this, one Republican called the marijuana bill a “silly distraction,” given that passing it is such a long shot and Congress has yet to approve another coronavirus economic relief bill. Supporters of the MORE Act say the impact of marijuana prohibition is very real, and in some communities, has led to “tragedy.”

Even so, the vote was largely seen as symbolic.

At this juncture, the patchwork of marijuana laws has led to a paradigm where marijuana is either socially acceptable or it’s criminal, depending on the state and sometimes even the neighborhood where one is located. Advocates of the measure consider it an important justice initiative.

Even if the bill doesn’t gain sufficient momentum this session, there is some hope meaningful action could take place sometime in the next four years. President-elect Joe Biden has expressly called for marijuana decriminalization and expunging marijuana possession convictions. Decisions regarding recreational use, he said, should be left to the states.

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:

House passes marijuana decriminalization bill, Dec. 5, 2020, By Grace Segers, CBS News

The money will be earmarked to:

• Extend technical assistance.
• Waive or reduce licensing fees.
• Help with recruitment.
• Training and retention of a workforce that’s not only qualified but diverse.
• Measures of business resilience, like emergency preparedness plans.

At least $23 million will be set aside for no- or low-interest loans to cannabis businesses or applicants from places disproportionately impacted by disparate marijuana prohibition enforcement. The goal is to right the wrongs of past discrimination and also promote diversity.

Among the designated areas where pot shop owners can apply to receive equity business development grants include:

• Oakland – $5.6 million
• Los Angeles – $6 million
• San Francisco $5 million
• Sacramento – $3.8 million

Criminalization of the plant had a more sizable impact on these communities and populations throughout the state, in part resulting in these individuals having a more difficult time successfully breaking into the burgeoning industry. They had less access to capital to launch a business, in turn making it tougher to secure the space, tech support and help with regulatory compliance issues.

The grant money is intended to help with these elements, which not only bolsters these individuals but helps to reduce the threat of black market sales in California.

California isn’t alone in taking such action. Washington state also recently did the same thing.

But social equity programs still don’t eliminate the disproportionate impact.

Disparity in Marijuana Possession Enforcement Persists

The ACLU recently reported that even as overall marijuana arrests have fallen since Prop. 64 was passed in 2016, enforcement continues to be disparate along racial lines.

In some states where marijuana has yet to be decriminalized, police are arresting black individuals at a 10-fold higher rate than their white counterparts, despite being no more likely to use or sell the drug. Nationally, black people are nearly four times as likely to be arrested for marijuana possession as white people. There is not a single state where marijuana possession arrests are relatively equal across racial lines.

In 2018, arrests for marijuana still accounted for almost half of all drug-related arrests. Nearly 90 percent of those were for simple possession.

Although legalization has slashed the number of overall marijuana arrests across the board, it has not substantially reduced or eliminated the much higher arrests rates of black individuals. On average, states where marijuana is legal tend to have lower racial disparities in enforcement, but they still exist.

L.A. Marijuana Business Lawyers Can Help With Equity Loan Applications

The lasting damage of the War on Drugs can’t be undone. Still, our L.A. marijuana business lawyers agree with the ACLU’s mitigation recommendations, which are:

• Legalization of marijuana by the federal and all state governments;
• Expunging of prior marijuana convictions;
• Clemency to those still incarcerated on marijuana charges;
• Legal marijuana marketplaces should be made more accessible to those living in communities harmed by the decades-long drug war.

Our marijuana business lawyers are available to assist you in applying for this grant money to secure the capital you need to get your cannabis company off the ground.

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:

Cannabis Equity Grants Program for Local Jurisdictions, April 21, 2020, California Governor’s Office of Business and Economic Development

The primary impact of all this, aside from additional expenses that nearly crippled some laboratories and retailers, was:

• Extended wait time for cannabis testing results;
• An increase in product testing failures (as facilities adjusted to the new expectations);
• Industry insiders calling for state regulators to extend permits to more testing lab facilities.

There are still testing backlogs in some regions, but for the most part, executives at local labs report their businesses have become largely stabilized, product failures have been reduced, both testing results and wait times have been easier to predict and the labs that are currently licensed should be enough to manage the testing workload throughout the state (depending on how much growth the industry sees in the coming years).

As of right now, there are 27 state-licensed marijuana testing labs in California, according to the state Bureau of Cannabis Control. Meanwhile, nearly 70 lab licenses have been either revoked, surrendered canceled or expired.

That doesn’t mean these facilities are no longer facing any impediments to success.

Issues Still Facing California Cannabis Testing Facilities

One of the biggest issues is stagnated growth that plagues the rest of the cannabis industry. Most supporters of legal marijuana had expected market growth to be ahead of where it is now. Instead, it’s been stymied in large part by costly taxation and state standard requirements, as well as the fierce competition from the unregulated black market.

Some lab operators describe reaching a growth plateau, no longer falling but not progressing much either.

Marijuana Business Daily reported, based on interviews with cannabis testing lab executives throughout the country, that no facility is at 100 percent full capacity, so it’s unlikely will be seeing many more of them anytime soon – at least not until the legal marijuana market reaches its maximum potential.

Taking meaningful action to address black market sales is going to be a big part of it – especially because it’s been the cause of a fair number of cash-strapped cannabis growers and retailers skipping out on their bills to laboratories, or at least paying for some of the work on credit.

Other times, lab CEOs say cannabis producers are submitting very small samples for testing – to cut down the cost of testing larger batches – but then presenting to customers and regulators that their entire batch has been sufficiently tested according to state standards. Labs say there have been costs involved in chasing down those companies because such actions can damage their brand loyalty and potentially cause them legal headaches. Some have had to send multiple cease-and-desist letters against cannabis producers for this reason.

The Future of State Cannabis Testing Facilities

Although growth of and within these testing labs has been stunted, there is still the possibility of future growth as the legal market expands.

So at this point, likely in the short term is that we’ll start hearing word of labs merging.

Los Angeles marijuana testing lawyers can assist corporations in navigating the complexities of a corporate merger, which may have additional challenges owing to the nature of the industry.

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:

Downturn in California lab-tested marijuana batches adds to confusion over state’s supply chain, July 10, 2019, Marijuana Business Daily

In one such instance in Santa Barbara County, government officials have begun implementing regulations for the large cannabis farms throughout the region, hoping to address the smell-related issues

But Los Angeles marijuana lawyers know there have been other disputes as well. It’s been more than two years since the state ruled residents don’t need a physician’s note to purchase the drug, but it’s largely up to local governments to decide if cannabis farms are allowed and whether to impose restrictions tighter than state rules.

California is the country’s largest legal cannabis market, yet less than 50 percent of its 58 counties have permitted commercial cannabis farms. Even counties like Sonoma that thrive on agricultural specialties have put tight restrictions on the number and size of grow operations, particularly those close to residential areas.

Concentration of Cannabis Cultivation Higher in Some Places Than Others

A select few others have allowed a high ratio of farms to population. Santa Barbara has most provisional cultivation licenses – nearly 900 – and most have numerous permits to expand their operations. In explaining the decision to allow large grow operations, officials cite a boom to local economy, one suffering from the wilt of numerous flower farms and empty greenhouses – which has meant fewer taxes. Marijuana cultivation has offered a way out.

Marijuana lawyers work to help these operations clear regulatory hurdles, helping to avoid steep penalties and setting them up for the best chance at success.

Although many counties in Southern California have stringent limits on how many grow operations can exist and how large those farms can be, growers in Santa Barbara can have as much land as they can buy, with preference to those who had previously grown medical cannabis. This attracted several large marijuana growers.

In some small cities of fewer than 15,000 people, dozens of marijuana farmers are thriving. But local residents argue the farms are a nuisance – affecting their property values and quality of life. One resident told a Wall Street Journal reporter the smell of marijuana from nearby farms has permeated his carpet and towels. This could be the next regulatory battle for marijuana growers.

Residents Push for Tighter Cannabis Grow Restrictions

Residents have formed grassroots efforts with the goal of lobbying for tighter restrictions, such as caps on the size of farms, number of farms and where they can be located. They also want to mandate odor control systems.

Officials have responded so far by an uptick on raiding any farms suspected of not following the rules that do exist, and urging farmers to purchase their own odor control systems.

Farmers say they aren’t opposed to some of what’s being asked, but noted sales revenue isn’t as high as initially projected just a few year ago, and many didn’t start off wealthy to begin with. Some switched from flowers to cannabis noting they could no longer compete with the Latin market. In many ways, they say marijuana is actually more neighbor friendly because it doesn’t require the use of pesticides and the greenhouses no longer have frequent semi trucks making trips back and forth for product.

A brand new odor control system retails for somewhere around $100,000 – not a trivial expense. It may, however, be worth it to appease neighbors and avoid the imposition of tighter regulation that could cost more.

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:

Fights Over Where to Grow Marijuana Cause Stink in California, Sept. 12, 2019, By Zusha Elinson, Wall Street Journal

In the spring, a bill introduced by a California Democrat from San Francisco promised to put that aspect of the law on the chopping block, requiring cities that had enacted bans to put their measure to a local vote. Anywhere more than half the electorate was against their local ban, it would be reversed.

Assembly Bill 1356, introduced in February, had the potential to triple the amount of storefront pot shops in the state – from about 630 to more than 2,200. It called for allowing at least one cannabis store to every four liquor stores or one for every 10,000 residents.

Supporters said this would correct the marijuana deserts that had arisen across the state – in some cases forcing medical marijuana patients to drive some 100 miles to the nearest retail store, particularly if the city had also banned deliveries. It’s a situation our cannabis lawyers in Los Angeles know drives demand for black market supply, defying one of the core state purposes of Prop. 64, which was development of a well-regulated, legal marijuana market.

Even though nearly 60 percent of voters approved Prop. 64, only 25 percent of communities in the state allow brick and mortar stores in their jurisdictions.

However, after two rounds of amendments, the highly controversial measure was filed as inactive. The measure had sharp opposition, including from the RCRC, which represents a group of three dozen rural counties throughout the state, as well as the League of California Cities – both powerful lobbyist groups. They had argued that AB 1356 in essence undercuts the intent of Prop. 64 by eroding local control. They further argued it was most likely illegal without putting it to a state vote.

When it was ultimately shelved, the RCRC released a statement saying, saying that while it’s membership is pleased that the measure was temporarily defeated, it or something similar is expected to resurface in the near future.

That’s likely because the implementation of these bans aren’t reflective of the apparent local will – if the last election is any indication. For example, in Burbank, a Los Angeles suburb, more than 60 percent of voters approved Prop. 64 – only for the city council to turn around and ban all marijuana stores. Then in Corte Madera, 7 out of 10 voters checked the box in favor of Prop. 64. City officials banned pot shops this spring.

The governor has said that while the state did anticipate some resistance among local leaders, they didn’t expect so much. This plus the fits and starts of getting the regulatory system underway have resulted in projected revenues for 2019 to fall by nearly $330 million.

Cities and counties say the lack of action from the state factored into their decisions because they aren’t equipped to regulate these systems on their own, and there is concern about lowered property values, teen drug use and the potential for higher crime rates. Never mind that data shows the opposite of each is true where store owners have permission to sell. Further, no city enacting such an ordinance needs to reinvent the wheel; most can simply follow the lead of their neighbors.

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: BILL OF THE WEEK: ASSEMBLY BILL 1356 (TING) – INACTIVE FILE, June 17, 2019, RCRC

Over the past year, authorities in California have tripled the number of raids on unlicensed marijuana shops, according to the Bureau of Cannabis Control. In the last year, the BCC has targeted unlicensed, black market growers throughout the state by:

• Working with local sheriff’s agencies and police departments to serve half a dozen search warrants over the course of a year, yielding some 1,600 pounds of marijuana valued at nearly $14 million.
• Using its own agents to serve 20 search warrants on unlicensed marijuana sellers, confiscating more than 2,500 pounds of the cannabis products valued at nearly $17 million.
• Seizing more than $200,000 in cash from illegal stores.

Los Angeles cannabis business attorneys have noted too that the governor just approved a maximum daily fine of $30,000 for growers, distributors and sellers who are not properly licensed. And while authorities work to get a handle on the problem, many say even with bolstered enforcement, it isn’t enough – despite the fact that this is exactly the sort of thing that Proposition 64 was passed in 2016 to prevent.

It does seem the intentions of state lawmakers have been good. They want marijuana products that are carefully regulated, they want companies held to stringent product and sale standards and they want to be certain there is uniformity and fairness in the industry and safety assurances for the public.

Unfortunately, the outsized taxation and regulatory requirements for the cannabis industry means that significant capitol is needed both upfront and as a matter of operation is necessary to meet all these demands AND turn a profit. Those additional costs – for everything from lab testing, seed-to-sale tracking and label mandates – are passed on – retailers charge the growers top dollar for prime shelf space and those costs get handed off to the consumers.

But consumers have a cheaper option: Just buy from one of the ubiquitous, unregulated marijuana providers just down the street who evade the legal standards. Those companies have more cash to advertise (though failure to use discretion will mean a higher likelihood of garnering regulators’ attention), and consumers say there is little to no difference; they aren’t personally penalized for buying from illicit outlets.

The reality is California has always had a black market, but there are a few reasons it persists despite the legal market now being open. Among those:

• Several cities have refused to allow cannabis sales. This, combined with the lack of criminal penalties for adults possessing an ounce or less, has allowed the black market to flourish to meet the demand for supply.
• A slow start to licensing and regulation, leading to fewer licenses issued than originally anticipated.
• High local and state taxes that inflate the cost of legal marijuana by 45 percent and stunt the growth of the legal market at-large.

It was always known that launching the legal market would have its challenges. The question is whether the state will be able to right the ship. A new audit from the state’s Department of Finance isn’t promising.

The conclusion is that the state’s bureau and staffing facilities aren’t sustainable to provide cannabis industry oversight that is both comprehensive and effective. In reaching this conclusion, auditors examined the activities of the Enforcement Unit of the bureau, discovering that of 68 authorized positions, to date it’s only filled 15. The bureau disputes this figure, saying it’s filled 26, but that’s still less than half of what’s allotted.

Problem with that is that means fewer officials available to process complaints, initiate investigations, carry out inspections and review laboratory’s quality testing procedures. Officials say the licensing system was complex and they had to iron out those kinks before staffing all the offices. But on top of this, the agency relies heavily on local law enforcement, which some say is inadequate. Our cannabis attorneys expect ongoing enforcement action in the weeks and months ahead. An experienced Los Angeles cannabis lawyer can help.

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: Snapchat and Twitter cannabis ads risk government crackdown, July 31, 2019, MarketWatch

Los Angeles marijuana lawyers know there has been an uptick among local law enforcement citations for smoking in public areas, particularly those nearby to schools, parks, restaurants, shops and in cars or boats. (No, you cannot light up in a car, even if you’re a passenger.) Police say many individuals aren’t familiar with this provision of the law, and even visitors who have come to the state on vacation end up leaving – well, not on probation, but with wallets $100 lighter. That’s the fine for public marijuana smoking in California.

Common areas in apartments and even balconies are forbidden spots for outdoor pot smoking, though that usually goes unchecked unless your neighbors complain. This restriction has become particularly burdensome for those who use the drug as medicine.

Even recreational users scoff at the law, though. After all, it’s supposed to be regulated the same way as alcohol, and if you can walk into a restaurant or bar and order a drink of alcohol in public, why not allow the same for cannabis?

The City of Los Angeles has issued statements indicating it does not sanction or license consuming marijuana in any public space, though the city’s Department of Cannabis Regulation is working alongside the city’s planning department to establish licensing for public pot consumption lounges. Council is expected to receive those proposals for consideration later this year.

Furthermore, NBC-4 Los Angeles reports a number of advocates have successfully convinced leadership in West Hollywood to to approve plans to open potentially eight new locations for individuals to smoke the drug in public and another eight locations for people to consume edible marijuana products. Some say the permitting process has been moving at a snail’s pace, but at least it’s moving somewhat. Most cities in the state seem keen to keep it under wraps.

California State Restrictions on Public Use

In the meantime, the California Department of Public Health clearly outlines where it is lawful – and unlawful – to consume cannabis in any form. Basically, as our Los Angeles marijuana attorneys can explain, you’re restricted to private residences. That’s if you want to be on the safe side. Technically speaking though, you are expressly prohibited from smoking, using, eating or vaping cannabis in public places or anywhere it is not legal to smoke tobacco. Even private property owners can ban the use of cannabis on their property, which includes not just hotels and resorts but also apartment and condo complex owners.

The law further disallows:

• Using cannabis within 1,000 feet of a daycare center, youth center or school while children are present.
• On federal lands like national parks – even if the park is in California. (It’s under federal jurisdiction, and the drug remains illegal under the U.S. Controlled Substances Act.)

If you are in possession of cannabis in your vehicle, it needs to be in an approved sealed package or container or in the trunk. You can be cited for having an open container of cannabis in your vehicle – either while driving OR riding in the passenger seat, the same way you would alcohol. You also cannot take your cannabis across state lines, even if you’re traveling to a state where cannabis is legal. Also be aware that per California law, employers have the right to bar the use of marijuana by their employees, so it’s a good idea to know what your employer’s policy is before you imbibe – even off-the-clock.

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

Additional Resources:

LA City Considers Opening Places Where You Can Smoke Pot, Feb. 27, 2019, NBC-4 Los Angeles

More Blog Entries:

FDA Ruling Spurs City Crackdowns on CBD Edibles , Feb. 20, 2019, L.A. Marijuana Citation Lawyer Blog

Looking back, 2018 has been a banner year for legalized marijuana across the country – including here in California, where it all started. One legislator and long-time marijuana advocate commented that “this was the year the movement crested,” meaning action that would overturn the federal ban is imminent now that two-thirds of all states have some form of legalized medicinal marijuana, 10 allow recreational marijuana and more are sure to follow.

After voters approved legalization of recreational marijuana in 2016, the legal market couldn’t simply swing open the doors the next day. The state established an oversight board, set product standards, carved out power to local communities and allocated the tax revenue generated. This year marked the year California became the biggest legal marijuana marketplace in the U.S.

Meanwhile across the country, we saw even conservative states like Oklahoma and Utah. States on the East Coast saw commercial marijuana stores opening for the very first time.

U.S. regulators here in the U.S. finally approved a marijuana pharmaceutical for the very first time, an epilepsy drug that has shown great promise. Cannabis companies across the country have seen something of a “green rush,” with billions of dollars being poured into the industry. The federal farm bill recently signed by the president removed hemp from the list of controlled substances, expanding the cannabis market substantially.

Internationally, Canada legalized a broad recreational marijuana measure. South of the border, a ruling this year by the Mexican Supreme Court set the stage for legalization there too. In Europe, Luxembourg is likely to become the first country there to approve recreational marijuana legalization. South Africa probably isn’t far behind. In Israel, the parliament passed a measure allowing legal exports of medicinal marijuana. Medical pot was also approved by Thailand, and several other countries in Southeast Asia are on the cusp of doing the same. Cannabidiol (CBD) is likely soon to be legal in South Korea.

Companies that serve the marijuana industry have skyrocketed – computer software engineers, lab analysts, research and data development, marketing and consulting, security personnel, insurers, bankers – and yes, attorneys specializing in California marijuana business. They’re entering the market because they see opportunity. We’ve been here from the beginning because we saw it all along, helping defendants and dispensaries and doctors and farmers navigate this complex, rapidly-evolving legal landscape and commercial marketplace.

There were many ways in which one might interpret 2018 as a less-than-stellar year, but as far as marijuana is concerned – we hope to see more and more like it.

Cheers!

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 marijuana industry toasts banner year, Dec. 27, 2018, By Gillian Flaccus, Associated Press

More Blog Entries:

More California Cannabis Testing Regulations on the Horizon, Dec. 17, 2018, California Marijuana Attorney Blog

The state allows regulated dispensaries to distribute medical edibles and liquids to be sold for medical use. The 2010 Arizona Medical Marijuana Act allowing one to obtain up to 2.5 ounces of marijuana twice a month, something more than 174,000 people qualify. Defendant’s attorneys are arguing that the active medicinal ingredient in the plant is the resin, and that the law doesn’t expressly exclude certain parts of the plant. There is no provision that says only the flower or only the leaves are allowed. The law defines marijuana broadly to include all parts of any plant of the genus cannabis, whether growing or not, and the seeds of such plants.

In State v. Jones, both sides disagreed as to whether hashish was included within the immunities of AMMA. Citing a previous state supreme court case from the late 1970s, the appeals court noted the legislature recognizes marijuana and hashish as two distinct forms of cannabis, and that the differing forms of treatment between marijuana and hashish have to do with its potency and rendering it susceptible to “serious and extensive abuse.” The state’s medical marijuana law makes no mention of hashish one way or another.

The court found that while the AMMA immunizes medicinal use of a mixture or preparation of marijuana (i.e., edibles), it doesn’t immunize hashish, which is processed from the separated or extracted resin. Appellate court justices said they couldn’t speculate if voters intended to immunize the use of hashish and if so whether they intended to decriminalize the drug in the same amounts as the far less potent (and even benign) marijuana flowers. The state law shields qualified, registered marijuana patients from arrest, prosecution or penalty that would arise from the use of marijuana for medicinal purposes. However, because criminal law treats the resin and leaves differently, the state argued the same should be applied where the AMMA is concerned. The majority appellate court agreed.

One justice dissented, arguing that adherence to the law and not speculation should govern the resolution of this matter, and further that defendant, as a registered qualifying patient subject to AMMA protections and possessing a quantity of the drug less than the allowable amount of “marijuana,” he should be immune from prosecution on these charges, his convictions and sentences reversed.

That is precisely what defendant’s marijuana criminal defense attorneys will be arguing before the state supreme court.

Our L.A. marijuana defense attorneys recognize that there are many patients or even recreational users of marijuana in California who cannot smoke marijuana and they also can’t eat raw plant material. Instead, they benefit from the various preparations and mixtures – including hashish.

If you are arrested on marijuana charges in L.A., our experienced, knowledgeable defense attorneys can help you fight the charges.

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

Additional Resources:

Attorneys Seek To Overturn Arizona Edible Marijuana Ruling, Sept. 12, 2018, By Claire Caulfield, KJZZ.org

More Blog Entries:

Technology Helping to Clear Past Marijuana Arrest Records, May 17, 2018, L.A. Marijuana Lawyer Blog

One of the major issues is that marijuana is still listed as a Schedule One Controlled Substance on the U.S. Controlled Substances Act of 1970 (USCSA). A Schedule One controlled substance, under federal drug laws, is one that has a high potential for abuse, is dangerous to users and the general public, and there are no accepted medical uses. This was done for political reasons and while there is no sense in saying that marijuana is more dangerous or potentially addictive than Oxycontin, congress has been unwilling to remove or reschedule marijuana, and it is unclear whether that will happen in the near or even distant future. As our Los Angeles medical cannabis attorneys can explain, one reason this has become so complicated is because it is hard to argue that there are peer-reviewed clinical trials supporting the use of marijuana and cannabis products as actual medicine when the federal government made it illegal, or at the very least, difficult to conduct studies. This is a sort of catch-22 that has allowed medical marijuana to continue to listed as a Schedule One controlled substance.

According to a news article from Trib Live, the University of Pittsburgh has researchers that wish to participate in clinical trials for medical marijuana. Through a relaxation in federal enforcement, the state issues eight licenses to conduct medical marijuana studies. The university is hoping to lead the state and the nation in medical marijuana clinical trials by using one of these permits. The goal of this research is to identify illnesses that respond well to medical cannabis treatment options, in a hope that with positive results, there would be evidence that could be used to remove medical marijuana for the the highest level of the federal controlled substances act.

One issue that may come up is whether the U.S. Food and Drug Administration will have oversight into medical marijuana industry. Currently in states where medical marijuana is legal, there is no real oversight into how the drugs are dosed and whether the treatment is actually working. While there is no question that many patients clearly benefit from medical marijuana, there is no report of side effects and efficacy as we have drugs manufactured by the pharmaceutical industry. This can lead to results that are both positive and negative for the medical marijuana industry, but these questions may need to be addressed in the near future should marijuana be removed from Schedule One of of the USCSA.

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

Additional Resources:

University of Pittsburgh researchers hope to participate in medical marijuana clinical research studies, October 23, 2017, By Ben Schmitt, Trib Live

More Blog Entries:

Banking Regulations Leave the Marijuana Industry Subject to Violent Crime, August 14, 2017, by Cannabis Law Group

The program at Northern Michigan University in Marquette involves medical plant chemistry, and it started just this semester. About a dozen students are enrolled in the class, which combines horticulture, botany, biology, chemistry, finance and marketing. The program is unique in that, while other schools do offer classes on marijuana law and marijuana policy, none other offers this kind of comprehensive coursework. First off, it’s not a single class but a full, four-year degree. Secondly, it addresses both the science and business aspect of marijuana cultivation and sales. Graduates will be uniquely situated to open their own marijuana business.

Although there are some joking about the ease of such a program, those who are enrolled in or teaching it say it’s not simple at all. The coursework is complex and varied.

The one major downside of the program is that students won’t actually be learning to grow marijuana, at least not at this juncture. The federal government has long made it difficult for universities to study the drug, given its continued Schedule I status under the Controlled Substances Act, which was passed in 1970. The law organized drugs into schedules based on the potential for abuse and addiction, as well as the possible medical benefits. Marijuana was grouped into the same category as heroin and ecstasy, which are deemed to have a high potential for addiction and no recognized medical benefits. These restrictions have remained stringent, despite the fact that more than half of all states and D.C. have legalized marijuana in some form. An increasing number, including California, have approved marijuana for recreational use and sales.

As it now stands, $1.1 billion of $1.4 billion allocated by the National Institutes of Health for marijuana research went to the study of addiction and abuse. Only about $300 million was dedicated to researching the potential medical benefits for those who suffer things like seizures or chronic pain.

If Congress were to reclassify marijuana as a Schedule II narcotic, which is really the more appropriate category, it would become much easier to study, and programs like the one at Northern Michigan University might become more common.

University administrators say the program fills a void that exists when 29 states have agreed to legalize marijuana as medicine, while eight have legalized it for recreational use. Our marijuana business attorneys in L.A. know dedicated, intelligent, thoughtful individuals – with an expensive knowledge of every aspect of the industry – will only become more essential. Whether such degrees will soon become an industry standard remains to be seen. There is at least one other similar program, though it is not conducted at an accredited university. A 12-course program offered by the Northeastern Institute of Cannabis in Massachusetts, the operation is funded by private backers and teaches students various elements of the cannabis industry. Those who complete the course will receive a “Cannabis Industry certification.”

Voters in Michigan approved the legal use of marijuana for the treatment of certain medical conditions. However, because of restrictive federal law and unclear state guidelines, implementing the measure has proven difficult. Nonetheless, it’s expected the government will soon begin collecting marijuana dispensary licensing applications in mid-December.

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

Additional Resources:

Northern Michigan University offers marijuana degree, Oct. 14, 2017, Associated Press

More Blog Entries:

California Formally Requests That the Federal Government Reclassify Marijuana, Oct. 17, 2017, L.A. Marijuana Attorney Blog

With state voter approval of legalized marijuana, state regulators are in the process of adopting a host of new rules and distribution in advance of a January 1st deadline for the state to start issuing marijuana retail licenses.

Simply from a new business perspective, the distribution of marijuana is an untapped market. There is an anticipated economic boom that is going to impact everything from security to banking to computer software to real estate to agriculture. Part of the industry is going to involve delivery, in some capacity. Retailers are going to be seeking out inventive, convenient ways to deliver the product.

Drones can already deliver you a pizza in the Golden State, but it can’t deliver you green. This includes medical marijuana too. Patients have been receiving prescription medications delivered by drone for some time now, but no outlet provides medical marijuana via drone. This new directive from the state’s Bureau of Cannabis Control formally prohibits the delivery of any cannabis by way of an autonomous vehicle – including ground, air and water transport of any kind if it’s not manned.

It’s expected that in the first year alone, the state is going to issue some 11,500 retail licenses.

So how can cannabis users obtain their marijuana? Deliveries are limited to in-person exchanges made by an individual operating an enclosed motor vehicle. The marijuana in the vehicle can’t be visible to anyone in the public, and the products cannot be left unattended in the vehicle – unless the vehicle comes equipped with an alarm system that will activate if it is touched. When dispensaries designate a vehicle for marijuana delivery services, they must equip it with an active, functional GPS system that will give the dispensary the ability to track the location of the car throughout the course of the delivery.

These new rules are likely to complicate matters for the several firms that have promised to add drone delivery services to their offerings. These companies would do well to consult with the best marijuana delivery service lawyers in California to weigh their legal options. Entrepreneurs looking to break into the marijuana industry in Orange County would do well to familiarize themselves with the Commercial Cannabis Business Licensing Program Regulations, which spell out thousands of rules on virtually every aspect of the marijuana business in this state.

California is one of seven states that have recreational marijuana available. However, drones are first of all subject to Federal Aviation Administration rules, which firstly stipulate that drones have to fly within sight of the pilot. Secondly, marijuana remains illegal under federal law, so that may be taken into account. And even if the federal rules were changed, state and local governments still have the authority to regulate how marijuana might be distributed within that jurisdiction.

That’s why it’s so important to check with an experienced marijuana business attorney before investing or kicking off your marketing plan.

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

Additional Resources:

Startup buzzkill: California bans drone delivery services of legalized pot, Sept. 10, 2017, By David Kravets, ArsTechnica

More Blog Entries:

Wedding Industry Says ‘I Do’ to the Marijuana Industry, Aug. 17, 2017, Orange County Marijuana Lawyer Blog