Attorney General Xavier Becerra’s 16-page document is being referred to as California’s Marijuana Bible summarizes state laws and draws clearer lines as to what is legal – and what’s not – when it comes to medical cannabis. The guidelines are especially focused on the growth, enforcement, transportation and use of medicinal marijuana, and they come after significant changes in the state’s laws pertaining to recreational cannabis.

The record scans through two decades of state law, regulations and guidelines of the growth, sale and transport of medicinal marijuana. Although the Attorney General’s Office referred to it as a reflection on the evolution of the state’s laws, many cannabis lawyers and others see it as a warning shot to unlicensed marijuana operations.

As our marijuana attorneys scanned through the record, we noted there is nothing brand new here, though many of the newly-licensed marijuana operations are pointing to this as a positive indication that the state will be taking a more active role in shuttering unlawful operations. Many saw it as a reaffirmation that the department is beginning to take some ownership of the situation. They also essentially lay the road map for law enforcement, revealing how state and local law enforcement should be handling any medical marijuana criminal cases that might arise.

California Has No Uniform Marijuana Policy

In spite of the fact that voters moved to legalize both medicinal and recreational marijuana in our state, local governments are generally afforded wide discretion in ascertaining whether to allow a marijuana operation to operate.

For many years, law enforcement policy on marijuana was generally to take action first and then whittle down the charges later on. The Attorney General’s action here is a reminder that we have an industry that is both licensed and legal, and law enforcement agencies need to respect that.

Further, it gives medical marijuana patients a clear indication of their responsibilities and rights under the law. This is especially important because the laws and regulations aren’t always crystal clear.

Some predict that now with these guidelines in place, it’s likely we’ll begin seeing the state’s Bureau of Cannabis Control teaming up with local law enforcement agencies to carry out some of these anticipated enforcement actions.

History of California Marijuana Laws Summarized

The Department of Justice’s guidelines begin with a summary of Prop 215 in 1996, which made California the first state in the country to legalize the drug for medicinal purposes.

Then in 2004 came the passage of Senate Bill 420, also known as the Medical Marijuana Program Act, that required the state health department to create and maintain a program to track registered medical marijuana patients as well as their primary caregivers.

In 2015, Senate Bill 643 and Assembly Bill 266 (known together as the Medical Marijuana Regulation and Safety Act) were signed, establishing a state-level regulatory and licensing system for growing, manufacturing, delivering and selling medical cannabis. That law went into effect at the start of 2016, but was repealed the following year with the passage of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (just after the passage of Prop 64, also known as the Control, Regulate and Tax Adult Use of Marijuana Act), which legalized recreational marijuana for adults 21 and over and set forth a system in place to manage the new 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:

Guidelines for the Security and Non-Diversion of Cannabis Grown for Medical Use, August 2019, California Department of Justice

Workplace cannabis lawyers know this contradicts some of the many arguments employers, Chambers of Commerce and other business advocacy groups have made as medicinal and marijuana is becoming increasingly state-legal. Their position was that because marijuana has the potential to impair one’s cognitive and motor function, legalization may cause more an uptick in people using it at work, which in turn would result in higher on-the-job accidents and injuries.

Now, we’re seeing that in fact the opposite is true.

Cannabis Law and Workplace Injuries

Last year, a study published by the International Journal of Drug Policy, found that workplace injuries fell nationally overall between 1992 and 2015 – but most notably in states states where employees also would have had access to medical marijuana.

States like California that had legal cannabis laws saw workplace deaths tumble by 19.5 percent among workers 25 to 44. The more time passed in these states, the more state marijuana laws became settled, the more deaths fell. Where a state had a medical marijuana law in place for at least five years, deadly workplace accidents plummeted to nearly 34 percent.

This would indicate, despite earlier concern, that medical marijuana meant job sites were safer – not more dangerous – when medical marijuana was available to workers. Although marijuana impairment isn’t considered safe for people to use while they’re working (especially when jobs require potentially dangerous takes that require one remain alert and responsive at all times), it is less addictive and there is virtually no risk of overdose. Such issues are commonplace with alcohol and certain prescription medications which, some workers may use to self-medicate if they’re already injured.

A Different Motive for Insisting Workers Steer Clear of Cannabis

In states that have passed marijuana legalization laws, employers – citing federal law as well as concern for workplace safety – have fought vigorously to retain the right to discriminate against applicants and employees who admitted or tested positive for cannabis.

Although it’s true an increasing number of employers in California are choosing to overlook the marijuana use of prospective and existing employees (marijuana use being so pervasive that to eliminate someone on that basis would limit the pool of qualified candidates and workers from which to choose), many still hold tight to their right to make the call solely on that basis.

Some who do so may not even use it systematically (though must apply it equitably or face a workplace discrimination lawsuit), having the power to do so gives companies the upper hand. It can create an excuse to fire someone when there is no other just cause, be grounds to turn down a candidate for which the company had no other justified reason and it might give the company ammunition in the event of a work injury claim.

However, now that data exists showing how much potential impact these laws have in reducing workplace injuries (which saves companies loads of money in terms of workers’ compensation insurance and other liabilities), we may see more employers’ tone shift.

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:

Workplace Deaths Fell 34% After Medical Cannabis Legalization, May 29, 2019, Dr. Emily Earlenbaugh, Leafly

There are a variety of reasons why people supported Proposition 64, otherwise known as the Adult Use of Marijuana Act. Some people realize that marijuana is not dangerous and there is no reason it should be outlawed. Other voters, do not necessarily love the idea of people smoking marijuana, but realize that it is going to happen regardless and this way we are not spending billions on a so-called war on drugs that is clearly not working. Not only was the state losing money on enforcement, the state was also losing money to the black market, as they were not able to tax marijuana. Some still compared what the state was doing now to what we had in prohibition of alcohol at the federal level. People will still drinking alcohol in large numbers, and the only ones making any money on it were bootleggers and organized crime. These otherwise reluctant supports see many parallels between prohibition and outlawing marijuana and to avoid future problems, they voted Proposition 64 into law.

The author of this article discussed how he is eager to have his State Assembly District 59 allow for medical and recreational cannabis. There are many reasons for this. One is that this legislative district covers much of South Los Angeles, which is an historically impoverished area. There is a lot of money to be made in the cannabis industry, and this could be a good way for people in the area to make money. The area has also been particularly hard hit by the war on drugs, and this would be a way to allow the area to benefit from the recent legislative changes.

As our Los Angeles marijuana industry attorneys can explain, there will be a lot of money to be made in the ever-expanding cannabis business. However, as we can see from this article, it will not be legal to grow and sell everywhere, so you want to make sure you are on the right side of the law. This is true for businesses that are already in existence and for those who are just entering, or planning to enter, the market. In addition to the regulations pertaining to marijuana from the new laws being passed, there are still many zoning and land use ordinances that are already in place to which you must adhere. We have seen many businesses over the years that were otherwise compliant with all medical marijuana laws, and these other issues resulted in serious fines and even locations being shuttered. You do not want to fall into this category if at all possible.

For this reason, the best thing you can do is to speak with an experienced medical marijuana attorney as soon as possible. There are many attorneys who are trying to jump on the bandwagon, now that there is more money to be made, but you want to make sure to choose someone who has been in the industry for a long time and knows how things work.

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

Additional Resources:

Why I want legal marijuana in my South L.A. district, July 5, 2017, By Reginald Byron Jones-Sawyer, Sr., LA Times

More Blog Entries: Marijuana Equipment Business is Booming, April 14, 2017, L.A. Marijuana Attorney Blog

The new regulations will cover various aspects of the recreational sale of marijuana. This includes recreational use marijuana cultivators, distributors, manufacturers, testing centers, and other parts of the marijuana business.As our Los Angeles marijuana business attorneys can explain, these new laws are an extension of what was already passed as Proposition M. Proposition M was enacted to replaced Proposition D that left no way for a marijuana business to enter the market in Los Angeles. Proposition D was essentially an indefinite moratorium on new medical marijuana businesses within city limits.

While there is a lot of material covered in the newly released draft regulations, let’s look at some of the more important aspects. First, an agency known as the City of Los Angeles Cannabis Department will issue what are being called Commercial Cannabis Activity Certificates of Compliance. These will be issued in the following order from first to last:

1. Any applications already operating in the city through an immunity under Proposition D.
2. Registry eligible applicants that are not involved in retail sales.
3. A restricted issuance to the general public based upon other regulations.
4. An unrestricted issuance based upon the Social Equity program.

While these regulations are not yet in effect, they are rather complex to someone who does not have experience working in the industry. Since we are talking about investing a lot of capital to enter the marijuana business, you want to make sure your money is well spent, and that you will have the best chance of traveling smoothly through the complex regulatory process. For this reason, the best thing you can do is to speak with an experienced marijuana industry attorney to make sure you are in full compliance with all regulations and taking the path of least resistance.

In addition to these city-wide regulations, there are also a lot of state regulations pursuant to the voter initiative that enabled legal sales of marijuana for recreational purposes. This is not to say that there is not a lot of money to be made in the cultivation, sale, and distribution of marijuana for recreational use, but again, it is essential that you make sure you are on the right side of the law. There also zoning requirements that will control whether or not you are allowed to have your marijuana business at a particular location, and, as we have seen in the past, there are many marijuana businesses that run into trouble if they are not in compliance with these various zoning ordinances. Those who oppose your business being in a particular location will be quick to call in any suspected violations of the zoning regulations.

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

Additional Resources:

Draft of Commercial Cannabis Activity Requirements, June 8, 2017, City of Los Angeles

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

As discussed in this article, Los Angeles, San Francisco, and Alameda rank at the top of this list in terms of medical marijuana sales with Los Angeles being the highest on the list. With the medical marijuana business growing to this level over the past two decades, tax revenues have grown, as well, and this is part of the reason for the community support we are seeing for the legalization of recreational marijuana.As our Los Angeles medical marijuana lawyers can explain, much of this tax money goes to the state’s general fund, and then some of the money goes to state and local municipalities, so there are a lot of state and local agencies that can benefit from the taxation of the legal sale of marijuana for recreational use.

The possibility of earning more money through the sale of marijuana for recreational use is particularly enticing, because many communities in California are limited on raising property taxes, which is a more traditional source of revenue generation for local governments. With the ability to tax marijuana sales, the towns, cities, and unincorporated areas of counties can get around the need to enact additional levies which are not only unpopular, but require voter approval. It is not easy to get voter approval to raise local taxes for reasons one could easily imagine.

While there is still some question as to how many people will partake in the recreational marijuana industry, it is estimated that by the year 2020, just two years after legalization, there will be over a billion dollars in annual tax revenue generated. This would be about ten times as much money as is being generated from taxation of medical marijuana. However, it should be noted that recreational sales of marijuana will be taxed a higher rate than we have seen with past sales of medical marijuana. As for total sales, in the United States last year, $6.6 billion of medical and recreational use marijuana was sold, and, by the year 2025, experts believe there could be just under $25 billion in sales. These are seemingly incredible numbers, but based upon the financial success of the medical marijuana industry in Los Angeles, and other areas of California, these numbers seem much more logical.

More specifically, Los Angeles County alone had $231 million in state legal medical marijuana sold, and this amounted to $21 million in sales tax collected. This is with a population of just over $10 million. As it turns out, around 2 percent of the population in the state of California are registered medical marijuana patients, which is also a very high figure when compared to other states with a legalized medical marijuana program. Another point is that legalized sales of recreational use marijuana will bring much of the black market sales of marijuana into the legal market that this will increase tax revenues even if the number of marijuana users does not increase.

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

Additional Resources:

California Localities Primed for Legal Recreational Cannabis Use, June 5, 2017, By Romy Varghese, Bloomberg

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

This raid was conducted at a medical marijuana facility in San Diego. The facility was used to distribute CO2 extracted medical cannabis products. CO2 extraction involves the use of super critical carbon dioxide as a solvent to extract essential oils from plants. In the case of medical marijuana, the oils are extracted from mostly the trim of marijuana plants to make oils and tinctures that can be used for various medical applications.

It has been alleged that in the process of this raid, the DA’s office seized all inventory, business records, and a large amount of cash that is approximately $324,000. In addition to the business assets, the DA’s office also froze several of his family’s bank accounts in the name of his wife and her daughters. This money totaled around $100,000.

Business owner’s attorney argued that this money is not part of any case and should be returned to business owner and his family. The judge agreed and issue the order that this money be returned or otherwise repaid so the family can be made whole again with respect to their personal financial loss.

There is a lot of confusion in the medical marijuana industry at this time. While there is no question that it is a lot of money to be made, there are seemingly ever changed local, state, and federal laws that can have significant effects on the business. There is also a lot of flux in whether or not the federal government, particular the U.S. Drug Enforcement Administration (DEA) will enforce the federal prohibitions against medical marijuana. The last presidential administration chose not to do so, and even the current congress supports that position. However, President Donald J. Trump recently stated that congress could not stop him from cracking down on medical marijuana, and he appointed a head of the justice department who has said “good people” do not use marijuana.

With all of this change happening, the best thing someone in the cannabis industry can do is to speak with an experienced medical marijuana attorney in Orange County. There are many attorneys that have started advertising that they handle medical marijuana cases now that they see how profitable the business has become. However, you want to make sure the attorney you chose has been in the business for much longer than that and genuinely understands the issues medical marijuana business face.

In addition to drug laws, law enforcement agencies on a mission to bust medical marijuana businesses will often rely on local ordinances and zoning regulations to force a business to close or to seize assets. That is what appears to be happening in the case involving this particular business owner. You should discuss these issues with your medical marijuana attorney as well.

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

Additional Resources:

San Diego DA ordered to return $100K to MMJ businessman, family, May 9, 2017, Marijuana Business Daily

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

The first problem that affects states all over the country is that federal law prohibits the transportation (trafficking) of medical marijuana across state lines. This means that any medical cannabis sold in the state must be grown and processed in the state as well. This means that there must be grow operations, and the state decided that that there should 15 of them. This is more than other states, but it still makes for a very competitive and potentially politically charged process. The state finally approved 15 companies last year, but there were challenges based upon the fact that not one single minority company was selected. There was a requirement for geographical diversity within the state, but not with respect to company ownership. This has lead to numerous lawsuits and additional slowdowns.

However, the state has finally allowed people to register as a medical marijuana patient via an online portal. Once this is complete, the patient must go to a doctor who has registered with the committee to recommend that the patient has a medical condition that will benefit from the use of medical marijuana. There is a list of specific conditions, but doctors also have some leeway, as there is a sort of catchall in the enabling legislation.

In addition to medical marijuana cards being issued, there are grow operations that are close to being operational, and they plan to have plants growing by late summer and products available in dispensaries by early fall. The dispensaries are not open either, so this is why there is still a wait-and-see approach by many patients in need, as they are years into the process and not a single patient has been treated. This is actually good compared to the District of Columbia, which took over a decade to have a working program, and at first it was available to less than a dozen patients based upon the restrictions.

In Los Angeles, things have gone a lot smoother, because there was less regulation from the state for many years. However, now there are new rules packages that have been released by the governor, as well as some major changes at the state level as legislatures feared they were losing their chances to regulate the industry and saw what was then in place as a sort of Wild West with little statewide regulation. This means that there will be various changes that will have an effect on the industry, and the best thing you can do is to speak with an experienced medical cannabis attorney in Los Angeles to see what you can do to make sure you are following all the rules as they change.

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

Additional Resources: Despite controversy, Maryland medical marijuana grower on brink of starting cultivation, April 29, 2017, By Erin Cox, Baltimore Sun

More Blog Entries: White House Will Step Up Federal Marijuana Enforcement, Feb. 27, 2017, Marijuana Attorney Blog

While opponents used to argue that it was a just a few very liberal states such as California that allowed people to use medical marijuana, that is no longer an argument that one can seriously make. According a recent News Article for the News and Observer, a new poll shows that 80 percent of those surveyed in North Carolina now favor the legalization of medical marijuana. While there has been a majority of support across the country for years, numbers like these show just how far the movement has come.This poll came out of Elon University, and the question was whether participants wanted the state to become the 30^th (next) state to legalize medical marijuana. It should be noted that only 17 percent of those surveyed were against the legalization of medical marijuana in the state. It should also be noted that, while there was some disparity amount participants’ political affiliations, the disparity is decreasing. For example, 83 percent of Democrats and independent voters supported legalization, and 73 percent of registered Republicans supported legalization. While Republicans were not all willing to support legalization of medical marijuana, the clear majority of them still do, and that is big change from years past.

The study also asked about the recreational use of marijuana in terms of legalization. In this case, 45 percent of residents supported legalization for recreational use, while 51 percent of those surveyed opposed legalization. Even though the majority of those polled do support the legalization of recreational use of marijuana, as they do with medical marijuana, even these numbers show that more and more people are coming around. As it turns out, even if people do not support the legalization of recreational use marijuana, they are starting to see the negative consequences of the so-called War on Drugs and even they are starting to come around.

As our Orange County medical marijuana attorneys can explain, one of the reasons for the increase in the support behind medical marijuana has to do with the age of voters. The younger voters, especially millennials, which is anyone born since 1981, are increasingly more likely to support the legalization of medical marijuana or even the recreational use of marijuana. On the other hand, those born before the end of World War Two (the Silent Generation) are least likely to support the legalization of recreational use of marijuana.

This recent survey showed that among members of the Silent Generation, only around 10 percent of them support legalization of marijuana for recreational use, but as many as 65 percent of millennials support it. This number is expected to increase as time goes on.

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

Additional Resources: 80 percent of North Carolinians want medical marijuana legalized, poll says, May 2, 2017, By Abbie Bennett, News and Observer

More Blog Entries: Marijuana Sobriety Tests Still Elusive, Feb. 28, 2017, Marijuana Attorney Blog

These days, the medical cannabis industry has a wide range of high-end products to treat all sorts of serious medical conditions. For example, actor Patrick Stewart of “Star Trek: The Next Generation” fame has said that using a medical cannabis spray is the only thing that gets his hands to stop hurting so that he can use them, due his severe arthritis. A recent news article from the Los Angeles Times looks at the current state of cannabis wellness products for those who are wondering if medical marijuana is right for them. The article focuses on a two-day event that is designed to show people that medical marijuana is medicine and is not just an excuse for people to get high.

While the U.S. Food and Drug Administration (FDA) cannot recognize cannabis as medicine due to Congress placing marijuana on Schedule I of the U.S. Controlled Substances Act of 1970 (USCSA), many researchers and doctors realize the tremendous power of medical cannabis. Additionally, even though there is no question that marijuana is medicine, the range of ailments it can help is what people are starting to learn.

As our Orange County medical marijuana attorneys can explain, in addition to the now incredible market for medical cannabis products for humans, there is now a thriving market for medical cannabis products for pets. While this may seem strange to some at first, when you realize that our pets often suffer from the same conditions as us, like arthritis and glaucoma, when they get older, why wouldn’t we want them to have much relief too?

Another thing discussed is that there are different strains of marijuana that can be used for different purposes. For example, some strains of medical marijuana will help people who cannot sleep. Others can provide relief from anxiety while giving them energy to face the day. Some strains will provide relief from pain without any psychoactive effects. While many people are aware of the differences between the two types of cannabis plants, sativa and indica, these new strains are carefully propagated hybrids with certain medical conditions in mind. They are also extensively tested in a laboratory setting and with patients to make sure they cause the desired results.

Another area where that have been major changes and developments is in helping women deal with the discomfort often associated with their monthly cycle and other reproductive issues. Whoopi Goldberg is the co-owner of a business that makes medical marijuana products aimed at this market. Her products come in a variety of forms, including oils, lotions and skin creams.

While there are many more medical cannabis products on the market than the ones mentioned here, the point is how far we have come from the early days of medical marijuana legalization in California. As more products come on the market, patients will not only get the help they need, but also will learn about the changing medical marijuana industry.

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

Additional Resources: Curious about using cannabis for wellness? This is for you., April 28, 2017, By Kavita Daswami, LA Times

More Blog Entries: Marijuana Sobriety Tests Still Elusive, Feb. 28, 2017, Marijuana Attorney Blog

A Schedule I drug is considered very dangerous, has a high rate of addiction, and has no acceptable medicinal use. While this description is clearly ridiculous when talking about marijuana, this is where Congress has scheduled it and doesn’t seem willing to do anything about it, and there have been several attempts. As our Los Angeles medical cannabis attorneys can explain, other drugs on the same schedule as marijuana and cannabis extracts are ecstasy, LSD, methaqualone (Quaalude), and peyote, to new a few. The next schedule down in the USCSA is Schedule II. Drugs in this class have a high potential for abuse, are dangerous, and a have high chance of leading to severe addiction, according to the U.S. Drug Enforcement Administration (DEA). Some of the drugs on this list include crystal meth, Demerol, morphine, and OxyContin.

This is, of course, the same crystal meth that created a national crisis, and the same opioid medications that have countless people addicted and have become a major problem for millions of Americans. However, both of these drugs are considered safer than marijuana, according to the DEA and Congress.

Aside from the fact that it makes no sense to include marijuana a Schedule I controlled substance, it makes it a lot harder for those in the state legal medical cannabis industry to operate. It makes it illegal for banks to accept money for deposit from those in the cannabis industry, as it is considered proceeds of a crime. Inclusion on Schedule I also means that it is much harder to do research and prove that there are valid medical reasons for using cannabis. This creates a Catch 22, because one of the reasons it is on Schedule I is because it allegedly has no acceptable uses.

There have been several attempts to place marijuana on a lower schedule, and they have not been successful. Some attempts were made to reduce it to Schedule II. The thinking being that it would be less restrictive, even though marijuana doesn’t belong there either. There have also been attempts to take it off the controlled substances list entirely. Again, these efforts have not worked.

According to a recent news article from The Motley Fool, a new bill was introduced by a Democrat and Republican member of the House of Representatives. This bill would skip over step two and place Marijuana on Schedule III. These are drugs that have a moderate to low potential for abuse and addiction and have medical uses. While this makes more sense than many of the previous attempts, nobody expects this to go anywhere either. The reason for this is because many in Congress are simply unwilling to take marijuana off Schedule I, despite the fact that it clearly doesn’t fit the classification description, and a growing majority of Americans support legalization.

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

Additional Resources: This Landmark Marijuana Bill Would Move Cannabis to Schedule III, Sean Williams, April 16, 2017, TMF

More Blog Entries: Marijuana Sobriety Tests Still Elusive, Feb. 28, 2017, Marijuana Attorney Blog

Voters in nine states – including California, Florida and Massachusetts – will vote on Nov. 8th ballot proposals that permit recreational and/or medical use of marijuana. These initiatives are likely to create a huge push toward legalization. In all likelihood, whoever is elected to the president’s office and Congress will be under pressure to overhaul the failed drug laws of this country.

This is a big deal because even just a few years ago, marijuana legalization was seen as something of a fringe movement. Today, the latest Gallup poll revealed 6 in 10 Americans are in favor of legalizing marijuana for recreational purposes. That’s huge, particularly when we consider than in 2000, only 31 percent supported legalization. Take it back to 1969, and only 12 percent of voters were in favor of it.

The push to end marijuana prohibition is driven in no small part to the fact that over the course of the last few decades, the government has arrested many millions of people. Tens of thousands more have been sentenced to excessive imprisonment for marijuana crimes – despite the fact that their alleged offenses were not violent in nature. It’s also no secret that these policies have hit minority communities the hardest, as they are more likely to be targeted by police and less likely to be able to afford a good marijuana attorney to aid in their defense.

Meanwhile, state and federal governments have spent many billions of dollars on drug enforcement initiatives – money we now know for a fact could have been spent more effectively on services like substance abuse and mental health treatment.

Among the states that are weighing marijuana initiatives:

• Maine – Voting for recreational use, currently allows medical use only;
• Massachusetts – Voting for recreational use, currently allows medical use only;
• Florida – Voting for medical use, currently allows no legal use;
• Arkansas – Voting for medical use, currently allows no legal use;
• North Dakota – Voting for medical use, currently allows no legal use;
• Montana – Voting for expanded medical use, currently allows limited medical use only;
• Arizona – Voting for recreational use, currently allows medical use only;
• Nevada – Voting for recreational use, currently allows medical use only;
• California – Voting for recreational use, currently allows medical use only.

As it now stands, Colorado, Oregon, Washington, Alaska and the District of Columbia are the only areas where recreational marijuana is legal in the U.S. There are also 25 states that allow medical use to some extent. A few states not included in these figures allow limited access to certain marijuana products.

The passage of these measures – and the likely passage of those measures pending – will in all likelihood put increased pressure on federal authorities to alter how it treats marijuana. President Obama’s administration has issued a directive not to enforce federal anti-marijuana laws. But this arrangement is not only bizarre, it’s unsustainable. Marijuana businesses in these states may not need to worry about federal prosecution, but this conflicted legal status still poses a lot of trouble – from inability to maintain a company bank account to security.

Clinton has vowed to change marijuana from a Schedule I narcotic to a Schedule II. This would undoubtedly be an improvement, though it won’t solve all the contradictions between state and federal statutes on recreational marijuana. Trump, meanwhile, has indicated that while he supports access to medicinal marijuana, he opposes legalization for recreational purposes.

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

Additional Resources:

Marijuana Lights Up State Ballots, Oct. 19, 2016, Editorial Board, The New York Times

More Blog Entries:

Justin Beiber Speaks out Against Pharmaceutical Industry for Opposing Medical Marijuana, Oct. 20, 2016, Los Angeles Marijuana Lawyer Blog

The doctor, who practices family medicine in both Maine and across the state line in New Hampshire, received the reprimand as part of a larger settlement over the incident, which he signed off on last month and which was approved this month by the state board of medicine. In addition to the reprimand, the physician agreed to under 11 hours of continuing medical education, which is going to include three hours of medical records documentation as well as five hours on substance abuse and another three hours on ethics.

The patient was allegedly being treated by the doctor, who understood the patient had a history of drug abuse. In early 2015, the patient revealed to her doctor that she had smoked marijuana recently, and then shortly thereafter had to take a drug test for her job. The patient then asked the doctor to write her a note that would indicate she had a valid prescription for medical marijuana. The doctor acquiesced her requests, indicating that she would occasionally use the drug for the purposes of helping her to sleep, stimulate her appetite as well as to cope with anxiety. There is no documentation in the medical record, according to the state board’s report, that the patient was counseled against using marijuana as medicine, given her prior history of known substance abuse.

Both Maine and New Hampshire have medical marijuana programs that allow individuals with debilitating medical conditions to lawfully obtain medical marijuana. Still, the power of employers to routinely drug test employees has largely gone unchallenged, and companies are generally free to write their own drug policies.

As far as the liability of doctors, generally the risk doctors take on in these states is low. State enforcement is also relatively lax, but there have been cases of physicians losing their medical license for writing certifications for medical marijuana to patients that were either improper or in some way unsafe. And that essentially seems to be the issue here: Not that the doctor wrote a note indicating he had recommended marijuana for his patient, but that he reportedly did so for reasons that didn’t appear to be medically legitimate and that he is said to have done so at the risk of his patient’s own safety, given her history as a drug abuser.

Patient in this case suffered from several psychiatric diagnoses and had a 15-year history of chemical dependency on opioids. The court records indicate this physician had treated the patient during that time.

The doctor’s actions, the board alleged, violated RSA 329:17, specifically provisions on engaging in dishonest or unprofessional conduct in the practice of medicine and also failure to maintain adequate medical records on diagnostic or therapeutic treatment or unreasonably delayed the transfer of medical records.

Our L.A. marijuana attorneys know that in these hearings before the state board of medicine, the counsel and guidance of an experienced attorney is critical.

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

Additional Resources:

Maine doctor reprimanded after writing pot permission slip to patient’s employer, Aug. 15, 2016, New Hampshire Union Leader

More Blog Entries:

Marijuana Legalization and Employer Drug-Testing Policies, Aug. 4, 2016, L.A. Medical Marijuana Lawyer Blog

It is interesting to consider that in 1996, legalizing medical marijuana made California the most progressive state in the nation in terms of helping patients get access to a drug they desperately needed. This was also done at a time when the federal government, and especially the United States Drug Enforcement Administration (DEA) made it very clear they would be not looking the other way. There were cultivators, dispensaries, and even patients that were arrested and prosecuted for violating federal laws as marijuana is on Schedule I of the United States Controlled Substances Act (USCSA) of 1970.

The federal government went after these medical marijuana business financial assets as well and made sure that no bank with a FDIC insurance (which is basically all of them) or credit unions with FCUA insurance (again all of them) would maintain a deposit account for any money earned as a result of the sale of marijuana. With bank accounts and the ability to write checks or use company credit cards, it becomes much more difficult to run a business, which was exactly why the federal government was taking such extreme action.

Since that time, the president and his administration has decided not to make the enforcement of laws prohibiting marijuana a priority in areas where it is legal to buy or sell under state or local law. The much of the rest of the nation has also come around as now nearly half of the states and the District of Columbia have legalized medical marijuana and some of them have already taken the step of legalizing marijuana for recreational purposes for adults. This is of course what the Adult Use of Marijuana Act aims to do in California. While California may not be leading the movement to increase rights for marijuana users and stop the so-called war on drugs attacks on sellers and buyers of marijuana, many in the marijuana industry predict that if AUMA passes, California will become the business hub for the national cannabis and cannabis-related products market. If you are already in the business or thinking of getting started, you should speak with an experienced Los Angeles marijuana industry attorney as soon as possible.

However, not everyone is excited about the likelihood of AUMA passing this November. According to a recent news article from the Sun Times Extract, groups representing the interests of police and prison guards are opposing the upcoming ballot measure. These groups are responsible to date for raising half of the total amount of money that has been collected to fight AUMA passage. However, their reasons may not be to prevent crime, but to prevent the loss of funding with which they are being provided to fight the sale of marijuana and to house prisoners who are incarcerated for non-violent marijuana-related offenses.

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

Additional Resources:

Guess who’s fighting marijuana legalization in California, May 18, 2016, Extract by Emily Gray

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Rescheduling Marijuana Could Help Researchers, April 22, 2016, Los Angeles Marijuana Lawyer Blog

However, according to a recent news feature from Business Insider, one California sheriff’s office is issuing another warning to marijuana users about how they may be getting more than they bargained for when purchasing marijuana. This sheriff for Stanislaus County has said while does not believe people should be smoking or cooking with marijuana at all, if they do, they should be washing it like they do any other plant they are eating.

In this case, he said they recently conducted a large scale marijuana bust and seized over 20,000 plants. He said those plants contained what he is referring to as toxic chemicals. These toxic chemicals come in the form of various types of illegal pesticides for plants intended for human consumption. However, as is a common problem with illegal marijuana grow operations, there is no oversight into what chemicals are used and also whether water regulations are followed. This is of course something that the legislature intends to change, especially if voters pass the Adult Use of Marijuana Act (AUMA) next November at the polls.

In his particular county, it is illegal to grow and sell any amount of marijuana. He works with the state department of fish and wildlife to find and remove illegal large scale marijuana grow operations, and the two agencies try to limit the damage to the environment caused by the cultivation.

One of the main problem with illegal grow operations is that since marijuana requires a lot of water, and they cannot obtain it legally without drawing too much attention, and these farmers will often divert water from streams or rivers, or even other property, which is all illegal. They will then allow the water to run off the crops carrying with it fertilizers and pesticides that never should have been used in the first place.

While law enforcement officers can use helicopters and single engine aircraft to search for these clandestine grow operations, and they do find some, it costs a lot of money and very rarely results in any arrests, because the growers do not stay at the grow sites any longer than necessary and often are aware when law enforcement officers are headed to their remote locations.

One thing to keep in mind is that even in areas where it is legal to cultivate marijuana, you should speak with a marijuana collective lawyer in Orange County to make sure you are not violating any of the various laws that still apply to running a legal grow operation. While many new businesses are reluctant to spend money on legal fees, it is often far more cost effective to make sure things are done right in the first place rather than run the risk of fines, business closure and even possible criminal prosecution.

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

Additional Resources: A California sheriff’s department issued a warning about marijuana that’s worth heeding, May 20, 2016, Business Insider, By Kathleen Wong

More Blog Entries: Kosher Medical Marijuana for Orthodox Patients Available, Jan. 23, 2016, Los Angeles Marijuana Lawyer Blog

While many doctors are realizing that medical marijuana is a viable treatment options for these patients, the VA would not allow their doctors to prescribe medical cannabis, even in states were medical marijuana is legal. If a doctor at the VA prescribes medical cannabis, he or she could be subject to discipline including a termination. A patient on medical marijuana could also be subject to discipline in some cases and risk VA benefits.

The reason for the VA prohibition is that under the federal law, specifically the United States Controlled Substances Act of 1970, marijuana is listed on Schedule I. This means that Congress, with very little credible scientific support, decided that there were no valid medical uses for marijuana or THC, which is the primary active chemical in the drug. If a drug is listed on Schedule I of the act, it is illegal to prescribe, sell, or possess the drug. Since the VA is a federal agency, their doctors must follow federal law, and that is why the agency was in a position where it had to enforce the prohibition on prescribing medical marijuana.

While Congress so far has been unwilling to remove medical marijuana from Schedule I and place it on a lower schedule, or take it off the list entirely, Congress has been willing to pass legislation that prohibits some federal agencies like the United States Drug Enforcement Administration (DEA) from enforcement of the federal law. Since these prohibitions are often tied to budget measures, they are enforceable and there is nothing the agency can do if it disagrees with the measures or they would risk losing all funding.

According to a recent news article from Think Progress, both houses of Congress have just passed a measure that would prohibit the Veterans Affairs agency from enforcement of the rule against doctors proscribing medical marijuana to their patients. This would obviously only apply in areas where medical marijuana is legal, such as California.

This is not the first time Congress tried to pass the measure, as a similar measure failed last year. This time, it passed with a majority of support in the United States House of Representatives and Senate. As our Los Angeles medical cannabis attorneys can explain, the more of these measures Congress passes that will stop federal agencies from enforcing enforcement of marijuana laws, the more likely it is that Congress will eventually be willing to remove marijuana from Schedule I of the Controlled Substances Act.

One of the major reasons that they have been able to avoid taking any action to make medical marijuana legal on a federal level is because they can always fall back on the position that there are no valid medical uses for marijuana based upon peer reviewed studies. However, the reason for this is because it is very difficult to study the safety and efficacy of medical marijuana under current federal law. This will likely change if the DEA chooses not to enforce some its regulations as it is now considering at the direction of the president.

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

Additional Resources:

Congress Approves A Major Step Forward For Medical Marijuana, May 19, 2016, Think Progress, By Arron Rupar

More Blog Entries:

Why LA County Banned Marijuana Cultivation, April 26, 2016, Los Angeles Marijuana Lawyer Blog

Painkillers are very addictive, have a high potential for abuse, and can lead to serious health consequences, including overdose and death. One of the more powerful opioid painkillers is OxyContin, which is commonly referred to as “oxy” on the street. It comes in various doses starting at 5mg and going up to doses higher than 80mgs. There are even doses well over a hundred due to the high tolerance of some patients. If a person without such a tolerance took an 80mg pill, there is a fairly high chance of an overdose. According to a recent news feature from the Chicago Tribune, OxyContin has been responsible for nearly 200,000 deaths from overdose since it was first on the market in 1999.

Medical marijuana, on the other hand, has been shown to work and is a viable alternative to opioid painkillers in many cases. However, marijuana is illegal under federal law, because it is on Schedule I of the United States Controlled Substances Act (USCSA) of 1970. To be on the highest schedule, a drugs is supposed to have a high possibility of abuse and addiction, be dangerous, and have no accepted medical uses. Despite the fact that marijuana is generally not considered capable of causing physical addiction, has many known medical uses, and is not considered dangerous, Congress refuses to de-schedule or even reschedule marijuana.

OxyContin, which has led to nearly 200,000 deaths, is highly addictive, and is responsible for crimes such as when a Massachusetts state trooper held up a pharmacy at gunpoint with his service weapon to acquire the drug; however, it is listed below medical marijuana as a Schedule II controlled substance.

There are various medical conditions that doctors are treating with medical marijuana in place of opioids these days. This is especially true of conditions that cannot be cured with surgery or other medical procedures. While it is typically thought that medical marijuana was primarily good to be used as a painkiller and appetite stimulant for cancer patients on chemotherapy, now researchers are finding that medical marijuana can be a viable treatment option for patients who are in pain and do not have cancer.

However, as Los Angeles medical marijuana collective attorneys can explain, it is very hard to do medical research on marijuana because of the federal prohibition. Even though the United States Drug Enforcement Administration (DEA) is considered loosening the restriction so more federally funded medical research can be performed, it is still largely illegal, and this is not helping things. It is essentially a catch 22, because the United States Controlled Substances Act said that marijuana has no known medical uses, but the same federal law prohibits most studies to determine safety and efficacy.

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

Additional Resources:

Medical marijuana is a vital alternative to opiate painkillers, May 21, 2016, Chicago Tribune, By Dr. Charles A. Bush-Joseph

More Blog Entries:

State Department: NIDA Needn’t Be Only U.S. Marijuana Research Grower, May 8, 2016, L.A. Marijuana Attorney Blog

As a form of child medicine, marijuana has been even more controversial. Parents who sought relief for their children’s seizure disorders or chronic pain or nausea/ lack of appetite due to cancer were sometimes accused of child abuse. Some were forced to move out-of-state to obtain the treatment their kids so desperately needed.

Yet even in states where leaders have been forward-thinking on the issue, there have been hurdles to overcome. In Colorado, school officials had refused to dose medical marijuana to young patients on school grounds – even if those children had a prescription.

But now, state legislators in that state have approved a measure that would allow parents to provide medical marijuana treatment to their children on school grounds. House Bill 1373 now awaits the governor’s pen, at which time it will become law.

The law requires schools to give parents permission to provide their children with their marijuana medication on campus, though it stipulates that schools can write policies that limit where on campus the medication could be given.

Supporters of the measure say it should not have come to this, especially after last year’s passage of a bill that allowed schools to create policies that allowed student use of medicinal marijuana. It removed the threat of criminal or legal action against the school. And yet, not a single school moved to create the policy.

Leaders at the 178 school districts in the state said they were concerned they would lose federal funding, as medical marijuana is still illegal at the federal level.

But in the meantime, children who were very sick or suffered from severe disabilities were suffering. They had been prescribed these medications by a doctor for treatment of serious and chronic conditions, and the schools simply refused to let them have it. Parents were forced to disrupt not only their day but their child’s day by taking them off campus to distribute their medicine and then bring them back – a process some said could take a half hour to 45 minutes – not including drive time to and from.

The law passed last year was named, “Jack’s Law,” after a 15-year-old boy who suffers spastic quadriplegia, dystonia and cerebral palsy. This latest update to it has been referred to as “Jack’s Amendment.”

The boy’s mother lamented that her son and children who suffer similar conditions – who need their medication to get through their day and learn – had to wait for the slow bureaucracy of government to act on this issue. Still, she is thankful there may now be actual progress. She pleaded with educators and administrators to show understanding and compassion throughout this process.

Gov. John Hickenlooper is expected to sign the bill.

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

Additional Resources:

Medical marijuana for kids at Colorado school wins committee Ok, April 12, 2016, By John Ingold, The Denver Post

More Blog Entries:

State Department: NIDA Needn’t Be Only U.S. Marijuana Research Grower, May 8, 2016, L.A. Marijuana Attorney Blog