involving First Church of Cannabis. The church had put in a bid attempting to allow smoking of marijuana as a religious sacrament in Indiana. The group sued the state, attorney general, and then Gov. Mike Pence in 2015. But a judge out of Marion County Superior Court recently ruled against the church, according to RTV6.

Indiana currently has extremely limited medical marijuana provisions and relatively strict laws against recreational use. Attempts to decriminalize small amounts of marijuana were thwarted in 2013, and instead an amendment to IC 35-48-4-11 was added to HB 1006 to increase penalties of certain types of possession to felonies rather than misdemeanors. Some attempts to legalize medical marijuana also failed a few years ago, but last year the legislature was able to push through a bill allowing CBD oil specifically for seizures. Considering all of the people nationwide who have found relief from cannabis for a wide variety of ailments, this seems to be the absolute least they could do.First Church of Cannabis was attempting to appeal to the state’s Religious Freedom Restoration Act, which is intended to protect religious groups from government interference. The act stirred up controversy from people concerned the law could lead to discrimination against certain residents, particularly LGBTQ individuals, with business owners citing religion as a shield for their discrimination. It is clear, though, given the reaction to the First Church of Cannabis that the law was never intended to protect all religions. When it comes to discrimination under the guise of religion, state leaders shrug. When a church suggests cannabis be used, however, suddenly there is much concern over churches abusing the law and using the cover of religion for illegal practices.

On the surface, the concern of state officials is not invalid. If marijuana were to be considered a dangerous drug, allowing this church to use it in religious practices would be unfathomable. It could set a precedent for drug rings to use religions as a front for illicit sales and smuggling. Our Orange County cannabis lawyers must ask, though, why is it considered a dangerous drug at all? Marijuana is legal in 30 states for medical use, nine of those states also allowing recreational use. By pushing against this issue so fervently, state leaders have actually exposed a nerve. If marijuana is not allowed to be used in religious ceremonies because it could pave the way for harder drugs to do the same, we must have the conversation about why it is lumped in with other Schedule I narcotics, like heroin or LSD, at all.

The state of Indiana made it clear where its priorities are: to further outdated propaganda about marijuana, and protect its anti-cannabis agenda even above religious liberties. We’ve come a long way in the fight for cannabis rights, but this goes to show there is much work to still be done on the national stage. Considering Pence, now vice president of the United States, had a large part to play in both the religious liberties law and the harsh marijuana punishments in Indiana, it’s no wonder there is still such confused messaging from our top leaders in regards to marijuana.

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:

Judge Dismisses Cannabis Church Case Defending Weed as Religious Sacrament, July 8, 2018, By Morgan Gstalter, The Hil

More Blog Entries:

International Church of Cannabis Draws Mixed Feelings, April 17, 2018, Cannabis Law Group

California, the first state to legalize medical marijuana in 1996, has legalized recreational sales and use as of the beginning of the year thanks to the Adult Use of Marijuana Act.

Our legal team at the Cannabis Law Group of Orange County is closely familiar with the regulations necessary to make such legalization possible, and the many variations of permits and guidelines required to operate from city to city, county to county, and of course, state to state, with considerations for the bans that still exist on the federal level.

Now Massachusetts is joining the great state of California on the path to recreational marijuana legalization with a new draft of cannabis regulations being approved by the state’s Cannabis Control Commission. Voters passed Question 4 in 2016, and An Act to Ensure Safe Access to Marijuana was signed into law by the governor of Massachusetts in summer of 2017.While the regulations are not final, some were given preliminary approval during the recent vote. The more than 100-page set of regulations will have to be discussed at public hearings before final approval, due by March 15.

If everything goes as planned, commercial cannabis sales are set to rollout in the state July 1.

According to an article from the Associated Press, there were several hot-button issues in the commission’s discussions of the regulations, such as:

• where to allow social marijuana use and how to regulate it,
• how to encourage diversity in the industry,
• rules for home delivery, and
• challenges regarding research facilities.

The commission hopes diversity efforts would help lift up economically struggling areas as well as minority groups who historically have frequently found themselves as targets of anti-drug campaigns.

For home delivery, a proposed rule would require drivers to check ID, confirm the recipient is 21 or older, and obtain a signature. A marijuana advocacy group in the state is seeking to remove the signature portion of the rule. Overall, with a few such exceptions, the group called the proposed regulations sensible and strong.

As for research facilities, the commission would like to see any human testing first approved by an institutional review board. They would need a license that allowed them to purchase and cultivate cannabis that would differ from those seeking sales. Test subjects would have to be at least 21 years of age, if the rule goes through.

While Massachusetts is just beginning to iron out these commercial marijuana regulations, California is neck deep in the process. The state government put their rules into place and, like Massachusetts, gave power to individual cities to establish their own guidelines or bans as they saw fit. This can be a challenging, but rewarding, time for those seeking to open a new marijuana business or to expand medical-focused operations to recreational.

With the help of an Orange County marijuana regulation attorney, we do the heavy lifting sorting through the numerous rules and regulations. This allows you to focus your efforts on running your business with peace of mind knowing that you are in compliance.

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

Additional Resources:

Massachusetts Panel OKs Draft Cannabis Regulations, Dec. 21, 2017, The Associated Press

More Blog Entries:

Marijuana Wins Big on Election Night, Nov. 10, 2016, L.A. Marijuana Lawyer Blog

These fires are hitting California’s wine country region, which is also the ideal location to cultivate marijuana. In the years prior to marijuana cultivation to being legal, there were many illicit grow operations, but these days, most of the grow operations are licensed and properly registered. In addition to the more than 8,400 residences that have been destroyed in the deadly wildfires, a large barn was also destroyed. This massive barn had 40,000 square feet of grow space and was sitting on an acre of land. The barn was a grow operation that employed cutting edge agricultural technology to produce a high quality and high yield crop.

There were many plants that survived the burn, but since they are covered with smoke and other debris, they have lost much of their value. As our Orange County marijuana business lawyers can explain, while this would be a tragic loss for any business, this is a greater loss to those in the medical marijuana industry. Since marijuana is still illegal under federal law, insurance companies are prohibited from writing policies for businesses that are engaged in a criminal enterprises. The reason for this is a person or business must have an insurable interest in order to purchase an insurance policy on something or someone. This is well-settled law that was handed down from the British legal system and is still the law across the United States.

There are many other ways that the federal prohibition on the cultivation, sale and distribution of marijuana negatively effect those in the medical marijuana business. One of the other ways that medical marijuana business are effected by these federal regulations is that banks are also prohibited from allowing money from the marijuana business from being deposited into any type of financial account. This also means that when it is tax time for business in California, they must go into the collection office with cash instead of just writing a check like another business. Tax collection employees have said that the entire office smells like marijuana due do the cash being kept at the dispensaries, distributors, and cultivation centers.

This also means that those in medical marijuana industry, and soon the recreational marijuana industry in Orange County and Los Angeles are targets for robberies since everyone knows they often keep tens if not hundreds of thousands of dollars on hand and any given time. While this is an unfortunate situation in which to be placed when trying to run a legitimate business that is supported by the clear majority of our residents, there are often steps that can be taken to protect the interest in a business, and that is why the best thing a person in the cannabis industry can do is to speak with an experienced attorney as soon as possible.

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 Wildfires Destroyed Legal Marijuana Crops, October 23, 2017, By John Blackstone, CBS Evening News

More Blog Entries:

Increase in Accidental Marijuana Poisonings Lead California to Propose Bans on Edible Candies, September 25, 2017, by Cannabis Law Group

The Joint Resolution Forbes reports that, in September 2017, the California Assembly passed a joint resolution to call upon the federal government to reclassify marijuana. The Resolution specifically requests reclassification for the purpose of legal research and development of cannabis for medical use. Currently, marijuana is classified as a Schedule I drug under federal law. This designation is reserved for drugs with no medical value and a high risk of abuse. For comparison: cocaine and methamphetamine are classified in the less-restrictive Schedule II category. In addition to research and medical developments, the Assembly also identified concerns with access to financial services for cannabis businesses. The current federal prohibition on marijuana means that most marijuana businesses are prevented from using traditional banks and lending institutions. Many of these businesses simply operate on a cash basis, which makes them vulnerable to theft and violent crime, and also makes it difficult to collect tax revenues on income which is legitimate under state law, but considered illegal drug money under federal law. The Future of Marijuana Classification This is not the first attempt to reclassify marijuana. Many efforts have even been by federal Senators and Representatives. According to the Washington Times, two freshman Representatives from Florida introduced a bill to reclassify marijuana as a Schedule III drug in April 2017. This bill, too, was put forth with the intent of helping researchers and ill patients have better legal access to marijuana. GovTrack reports that the bill has not made it to committee as of October 2017. It is more likely than not that this bill will never become law. Still, its introduction shows that California is not the only state concerned with the classification of marijuana as a Schedule I substance. So how can marijuana business owners and users (both recreational and medicinal) protect their legal rights under state law? For business owners, regulatory compliance is of paramount importance. Non-compliance with regulations for the operation of a medical dispensary, marijuana grow operation, or distribution service can serve as a pretext for law enforcement agents to raid businesses and seize their assets. This can cause irreparable damage – particularly to small, cash-based businesses. Business owners should consult with an experienced California marijuana business compliance attorney to ensure their business operates lawfully. Marijuana users must similarly comply with existing state law. While recreational use is now permitted in California, there are strict restrictions on the amount of marijuana which may be legally possessed. Users who wish to continue obtaining marijuana under their medical use permit must ensure that their permit is valid, their prescription is current, and they are obtaining prescriptions from a dispensary which is operating lawfully under state laws and 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: California Officially Calls on Feds to Reclassify Marijuana, September 18, 2017 by Tom Angell, Forbes More Blog Entries: Banking Regulations Leave the Marijuana Industry Subject to Violent Crime, August 14, 2017, by Cannabis Law Group