cannabis. But in addition to fighting for your rights on the legal front, our experienced lawyers know there is another fight that must be won: the battle of public perception.

Nowhere is that struggle better illustrated than in Texas, where a college baseball coach blew off an athlete interested in attending the school over the issue of marijuana. You might be wondering what the connection is. Did the student fail a drug test? Did he have a criminal record involving marijuana? Had he been penalized by his high school for coming to school under the influence?

All of these would be excellent guesses. But the answer to all three is “no.” According to an email to the athlete, which has since gone viral, it appears the coach deemed the student guilty by association of the entire state of Colorado, according to a report from The Washington Post.

The email claimed the school was not considering students from Colorado because in the past, recruits from the state had difficulty passing the drug test. “We have made a decision not to take a chance on student-athletes from your state. You can thank your liberal politicians,” the message went on to say.

This of course is a gross misrepresentation of the Colorado cannabis laws. Amendment 64 was adopted by the voters of Colorado, not liberal politicians, as part of a ballot initiative in 2012. In fact, Colorado Sens. Cory Gardner (R) and Michael Bennet (D) are putting party aside and leading a bipartisan group of senators to protect state marijuana laws at the federal level, according to The Cannabist. The amendment also outlines that marijuana use is only for adults 21 years of age or older, meaning it would not be legal for most students applying to college to use the drug.

While our Orange County marijuana legalization lawyers think marijuana use is hardly of concern to athletic programs, we understand why a coach would have to follow the rules of their college and state when considering athletes, especially if they were using the drug underage illegally. But to turn them away without so much as a drug test simply because they live in a state that understands the medical and economic benefits of cannabis is not only absurd … it is abhorrent.

Luckily, the college, which is a member of the National Association of Intercollegiate Athletes, agreed. The coach of 16 years was fired. The school president cited the “discriminatory remarks” from the email to the Colorado recruit as well as another issue relating to an NAIA violation (which he did not elaborate on) as the cause of the termination.

We applaud the school for taking quick and decisive action against the coach. But we also know this incident is a reflection of some dark remnants of the shady “War on Drugs” that has had its grip on this country for far too long. If you have faced this kind of discrimination over California’s marijuana laws, our trusted attorneys are here to help guide you to the best solution for your case.

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:

Texas College Fires Baseball Coach Who Just Said No to Colorado Recruit Over States Marijuana Laws, March 1, 201, By Matt Bonesteel, The Washington Post

More Blog Entries:

Former College Athlete Urges NCAA to Remove Pot from Banned Substance List, Sept. 23, 2016, By Marijuana Legalization Lawyers Blog

recreational cannabis, either because residents or leaders voiced opposition or because they wanted to wait to see how it played out in other areas of the state.

Chula Vista is one such city that did not join legalization efforts right away, but is considering a ballot measure this year. This would put the final decision in the hands of the residents of the city.

According to an NBC Los Angeles report, the city is working with a private research firm to survey residents for their feedback and thoughts on whether to legalize and how best to regulate the industry.The survey asks residents about a proposed city tax of up to 15 percent on marijuana businesses’ gross receipts. It also proposes taxing up to $10 per square foot of cannabis operations designated for testing, manufacturing related products, and cultivation. The city estimates this tax structure would bring in about $6 million per year, which would be used for extra law enforcement to monitor cannabis industry activity, youth education and drug prevention programs, and substance abuse programs. Remaining funds would be used to help out Chula Vista overall.

This design is similar to that instituted at the state level. Businesses will be required to comply with both state and local laws and pay taxes to each. Some consider the state and local taxes to be burdensome to businesses and have voiced concern that such a high tax structure makes operating legally unappealing to some. This could encourage black market sales to continue to flourish, critics say, with advocacy groups already petitioning for the state to reform the marijuana business taxes.

Regardless of what happens with taxes in Chula Vista and across the state, many businesses are doing quite well for themselves meeting the high demands of California residents for safe and legal recreational cannabis. Our Orange County marijuana legalization lawyers know the smartest business strategy is a legal one. We are here to help cannabis entrepreneurs set up a business plan that will be in compliance with state and local laws now and remain agile as the industry continues to grow and change. A smart and focused plan up front could save your business in the long run from costly litigation and avoidable fines.

It is not known when the survey results in Chula Vista will be made public, but some residents shared their thoughts with NBC. Their feelings on legalization mirror that of many around the country. Some are hesitant, citing their own abuse issues and concerns over legalizing something that would require drug abuse education programs as a counterbalance. Others saw it as a practical move. If people are using marijuana anyway, the city should benefit from taxes associated with legal sales. And if those taxes cover all expenses associated with legalization, some residents see it as an obvious next step in line with the direction the rest of the country is moving.

Chula Vista City Council is discussing next steps and the possible ballot initiative this month.

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:

City of Chula Vista Considering Legalizing Marijuana, Taxing Businesses, Feb. 3, 2018, By Rory Devine, NBC Los Angeles

More Blog Entries:

Despite Statewide Marijuana Legalization, Californians Must Follow Local Laws, Jan. 15, 2018, By Cannabis Law Group

eliminate federal grasp over cannabis altogether and begin the healing process of the destruction caused by the war on drugs.

The Marijuana Justice Act of 2017 was originally introduced in the Senate by Cory Booker (D-New Jersey) in August, where it stalled. Two representatives from California — Barbara Lee (D-CA 13th District) and Ro Khanna (D-CA 17th District) — are now trying to get a companion bill before the House of Representatives. The objective of these bills is to remove marijuana as a Schedule I narcotic in the Controlled Substances Act, 21 U.S.C. Section 812.

This move comes on the heels of Sessions rescinding a directive, known as the Cole Memo, issued in 2013 by the Department of Justice during the Obama administration, which indicated that federal prosecutors should not pursue charges in relation to illegal marijuana activity so long as those in question were abiding by state laws.

Our Los Angeles marijuana legalization lawyers know that declassifying marijuana is a long overdue step, one that is necessary for states to truly be able to freely monitor cannabis operations as they best see fit. While the Cole Memo acted as a bandage for a while, it never was a long-term solution. It simply protected states from punishment, but still labeled their burgeoning marijuana economies as illegal. Therefore, citizens and businesses still had to find workarounds for a litany of issues, such as not being able to use banks to conduct business and marijuana users still being vulnerable to employers and landlords who choose to adhere to federal standards.

According to an article from Forbes, the two representatives along with Sen. Booker and the Drug Policy Alliance spoke out recently about not only the need to change federal law, but also to make amends for the deep damage it has caused. They pointed to the devastation felt by people of color, who have been disproportionately targeted for crimes related to marijuana. It is now necessary for us to invest in rebuilding these communities and reuniting families torn apart by overly aggressive marijuana laws and mass incarceration.

The bill outlines a plan to spend $500 million to fund education, job training, and community development in areas most negatively impacted. It would also strike marijuana possession charges from records. Rep. Khanna pointed out that this figure is a drop in the bucket compared to the amount of tax revenue cannabis sales will bring in once fully legalized.

Rep. Lee described the bill as more than just fighting back. It’s about moving forward. And she certainly has the support to move forward, even if other politicians are slow to listen to their constituents. Surveys show high approval for legalization of adult use marijuana, with a recent Gallup poll showing 64 percent support. This includes a majority of Republicans polled at 51 percent. The numbers go up even higher when surveys isolate medical marijuana usage. A CBS News poll last year clocked medical marijuana approval at 88 percent.

If you find yourself caught in the crossfire of conflicting state and federal laws regarding marijuana, our cannabis lawyers can help defend you. Our years of experience and deep knowledge of the ever changing laws are on your side.

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:

House Bill Seeks to End Marijuana War, Spark Recovery Instead, Jan. 18, 2018, By Janet Burns, Forbes

More Blog Entries:

California Formally Requests That the Federal Government Reclassify Marijuana, Oct. 17, 2017, Cannabis Law Group

appointment almost a year ago, he has promised to uphold federal cannabis law, which classifies marijuana as a Schedule I narcotic under Controlled Substances Act, 21 U.S.C. Section 812. This path is in stark contrast with the narrative in the rest of the country: 30 states as well as Washington, D.C., have some form of marijuana legalization on the books. Eight of those states (including California) and the District of Columbia allow recreational marijuana sales and use, with more planning ballot initiatives and legislative votes in 2018.

Up until now, those states have been able to manage their marijuana laws as they saw fit without meddling from the federal government thanks to a directive put in place at the Department of Justice during Barack Obama’s presidency that discouraged enforcement.

However, Sessions recently rescinded that directive, opening the door for prosecutors to go after states that have established legal cannabis. It’s unclear at this point whether prosecutors will actively start enforcement. Sessions described the move as simply him doing his job and enforcing the law. He also said he would leave it up to U.S. attorneys to determine what issues should be their top priority based on their resources. But the U.S. attorney in Colorado has already stated he intends to align practices with Sessions’ latest guidance.

President Trump seems to have flipped on this issue, stating last year that he would leave the issue up to the states, but recently siding with the Attorney General that federal law should be enforced. This has added more unnecessary confusion to citizens who believed this administration would align with the conservative tendency toward states’ rights.

Sessions is already getting pushback. Colorado Sen. Cory Gardner (R) has suggested not confirming nominees to the Justice Department should Sessions continue down this path.

It’s no surprise Congress might fight back considering the growing popularity of marijuana legalization among constituents nationwide, who understand its tremendous benefits. A CBS News poll last year showed 61 percent of Americans support full marijuana legalization. That number increases dramatically to 88 percent when speaking about medical marijuana. More telling, 71 percent of those surveyed are against efforts by the federal government to interfere in states who have passed their own cannabis laws.

Besides personal opinion shifting, there are the enormous economic benefits of marijuana to take into consideration. If prosecutors start filing charges or seizing marijuana-related property, it would have devastating consequences on the local economies and state coffers in regions where the drug is legal.

Our Orange County marijuana legalization lawyers know this is a critical time in the country. While education and first-hand experience has helped most Americans dispel myths about marijuana, there are still growing pains while some hold on to outdated information. That’s why it’s more important than ever for marijuana businesses to seek guidance from lawyers knowledgeable in the continually evolving marijuana laws. We will stay informed on how changes at the local, state, and federal level could affect your business and help your business remain agile to these changes and establish a strong defense should legal issues arise.

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:

Use of Legalized Marijuana Threatened as Sessions Rescinds Obama-Era Directive that Eased Federal Enforcement, Jan. 4, 2018, By Matt Zapotosky, Sari Horwitz, and Joel Achenbach, The Washington Post

More Blog Entries:

Jeff Sessions Intends to Crack Down on Medical Marijuana Where it is Legal, Dec. 10, 2017, Cannabis Law Group

years ago with the Compassionate Use Act of 1996, and more recently with recreational cannabis being legalized through the Adult Use of Marijuana Act, other states have not been as lucky.

Many hope to change that this coming year, with at least 12 states on deck to consider some form of cannabis legalization in 2018.

This is huge news, not only for those particular states, but also for California and other states that already have legalization in place. The more states rally behind legalization, the stronger we stand against outdated federal laws, which still classify cannabis as a Schedule I narcotic under the Controlled Substances Act, 21 U.S.C. Section 812. According to a recent report from Newsweek, more than 60% of Americans now support full legalization.Attorney General Jeff Sessions has been adamant about his opposition of state legalization, but our California marijuana legalization lawyers in Riverside know that a united voice from the states sends a strong and clear message that we as a country are ready to move forward.

The following states will potentially make moves toward legalization this year, according to the Newsweek report:

• Vermont: After the state legislature approved recreational marijuana legalization earlier in 2017, the governor said he first wanted to create studies on the effects legalization has had on public health issues. In December, the governor said he was comfortable moving forward. If things go as expected, this would be the first time a state government passed legalization laws rather than through a ballot initiative.
• New Jersey: New Jersey elected a new Democratic governor, who ran on marijuana legalization and promised to sign adult recreational use into law in his first 100 days, assuming the state legislature provides a bill.
• Michigan: Advocates gathered the required amount of signatures, pending confirmation, to get a recreational marijuana measure on the ballot in November.
• Delaware: A task force was assigned to study the impact of the legal marijuana industry. Results are expected back soon to help the state legislature determine how they want to move forward.
• Rhode Island: Rhode Island is eager to make a decision about legalization soon, with other New England States jumping on board. A study is out to help the statehouse determine recommendations, and int he meantime advocates hope to get a bill in place to decriminalize possession of small amounts of cannabis.
• Connecticut: A symbolic vote by the Hartford City Council to legalize recreational marijuana is expected to spark debate at the state level.
• Ohio: The advocacy group that led a failed ballot initiative in 2015 is ramping up for a second try for recreational marijuana in the 2018 election.
• Oklahoma: Medical marijuana will appear be up for a vote by citizens sometime this year.
• Kentucky: Momentum is building in the state government to get a bill through the state legislature legalizing medical marijuana.
• South Dakota: Signatures are under review to put a medical marijuana initiative on the November 2018 ballot.
• Utah: Advocates for medical marijuana are in the midst of collection necessary signatures, which would be due by April to make the cutoff for the November ballot.
• Missouri: Signatures are also being collected in Missouri in hopes of getting a medical marijuana initiative on the ballot in November.

Our Riverside lawyers look forward to more states joining California toward making marijuana accessible to people all over the country. With laws rapidly changing across the nation, it’s more important than ever for marijuana businesses to seek guidance from our experienced legal team.

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:

Marijuana Legalization 2018: Which States Might Consider Cannabis Laws This Year, Jan. 2, 2018, By Linley Sanders, Newsweek

More Blog Entries:

Medical Marijuana Expands to More States, Dec. 2, 2017, California Marijuana Lawyers Blog

Proposition 215, i.e. the Compassionate Use Act of 1996. And while the state is a little behind others, such as Colorado, to join the recreational marijuana movement, it will set an example for the rest of the country with Los Angeles expected to skyrocket to the top of the list of the largest commercial markets in the country.

Los Angeles is among cities in California who have approved recreational marijuana activity after the Adult Use of Marijuana Act (or Proposition 64) went into effect Jan. 1, though the city is still finalizing regulations and collecting applications.

This is a fantastic step toward removing the long-held stigmas surrounding cannabis, paving the way toward normalization of marijuana both as a significantly beneficial medical resource, and also as a safe, non-lethal recreational device. Now that both are legal in California, though, be prepared to see a shift in the market.

While many in the state have been seeking more intensive medical marijuana treatment, such as for cancer or PTSD or epilepsy, others have known for a long time that marijuana was a safe alternative to other casual vices, according to an article from the Associated Press. These residents have taken advantage of the numerous pop-up doctor’s offices promising cheap medical marijuana recommendations with few to no questions about the reported ailments of the patients who walk in.

Our Los Angeles marijuana legalization lawyers are glad that these residents will finally be able to have access to cannabis in the way they want to use it without hiding in the shadow of medical use. This move will be beneficial to all, with medical users being able to have their treatments taken more seriously and recreational users being able to function more freely. Plus, the state will profit off of a new stream of revenue, with more consumers and higher tax rates being placed on recreational cannabis than on medical.

However, it will have an impact on those businesses who counted on the overflow of medical users, many of whom might now choose recreational use, forgoing the process of obtaining a recommendation letter from a doctor and a medical marijuana card. This process was put in place because marijuana is still a Schedule I narcotic according to the Controlled Substances Act, 21 U.S.C. Section 812, meaning that a doctor is not allowed to write a traditional prescription.

A study from the university of California Agricultural Issues Center states that, while it is expected to remain a powerhouse industry, medical cannabis revenue could drop from $2 billion to $1.4 billion, while recreational revenue is predicted to be in the ballpark of $5 billion in the next year.

As such, some dispensaries are planning to convert into more traditional marijuana retail establishments with edibles and products for the more casual user. If you are considering such a move, this is the time to speak with our legal team to review your business plan and make sure it is in line with the new and evolving local and state regulations.

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:

Revenue Hit Predicted for California’s Medical Pot Market, Dec. 28, 2017, By John Rogers, Associated Press

More Blog Entries:

L.A. Slated to Become the Largest U.S. City with Legalized Recreational Marijuana, Dec. 7, 2017, L.A. Marijuana Lawyer Blog

business entrepreneurs.

Many in California have been in the marijuana industry for years on the medical side of things. California was the first state to legalize medical marijuana with the Compassionate Use Act of 1996, also known as Proposition 215.

Still, with the passing of Proposition 64, allowing adult use of recreational marijuana Jan. 1, and its steady rollout in areas of California, many new businesses have been eager to join the marketplace. Sometimes too eager.In Ventura County, two men were recently arrested on allegations of running an illegal marijuana dispensary. Marijuana was allegedly being peddled out of a smoke shop in Port Hueneme owned by one of the suspects. Police claim a nearby post-traumatic stress counseling facility was being used for storage.

According to city police, eight pounds of marijuana and $2,000 were confiscated from the premises.

In an ironic twist of fate, just 10 days after the arrests, the Port Hueneme City Council passed an ordinance that would make it legal to operate medical and recreational marijuana dispensaries in the city.

Cities in California have the right to determine whether they will participate in statewide legalization efforts, with some like Port Hueneme joining later than others. This has caused confusion and a restlessness among some marijuana business owners who are sometimes willing to take great risks to join in the burgeoning marketplace, regardless of local laws.

The ordinance in Port Hueneme of course would not have made any dispensary immediately legal, so it would not have been helpful to the suspects in this case. It still would be mandatory to obtain the proper licenses from the city as well as the state and to be in compliance with all regulations. But it is one step closer to making it legal to sell and obtain marijuana in regions where there is clearly a demand.

Our marijuana defense lawyers in Los Angeles know all too well it can take time to go through the application process and make sure the business meets all regulations and guidelines put in place by local and state governments. And with Los Angeles only recently accepting applications for dispensaries and other related businesses, we don’t want to see anyone end up arrested when we are so close to opening legal operations in the city.

That’s why we help cannabis businesses with all of the necessary steps to set up shop. Having an expert like one of ours on your side will ease your transition to compliance. The cost of operating outside of the law is too high to risk yourself and your business.

Our team is also experienced in criminal defense should you find yourself in an unfavorable situation with law enforcement. We are prepared to defend clients who have been charged for illegal possession for use and sale. as well as cultivation and transportation violations. In addition to Los Angeles, we help clients in San Bernadino, Orange County, San Diego and Riverside.

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

Additional Resources:

Pot Dispensary Found in Port Hueneme Weeks Before It Becomes Legal, Dec. 23, 2017, By Megan Diskin, VC Star

Other Blog Entries:

Report: California Arrested 500k People in 10 Years for Marijuana, Sept. 5, 2016, L.A. Marijuana Arrest Attorney Blog

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