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

How Delivery Services Are Adapting Their Business Models Marijuana delivery services in California have taken many creative approaches to the question of how to develop a business strategy around delivery restrictions and regulations. TechCrunch reports that Eaze – a marijuana delivery service – has recently raised $27 million in Series B financing after spending $24.5 million in venture capital. This large influx of cash is supporting an aggressive growth strategy. When questioned about the wisdom of spending $1 million per month in cash, CEO Jim Patterson responded that the company is investing in growth before the imminent legalization of sales of recreational marijuana. Patterson also dismissed concerns over large delivery logistics companies, such as Amazon, getting into the marijuana delivery market, citing the complications of marijuana regulations at the federal level. Delivery services have particular business opportunities in geographic areas where marijuana sales are only permitted via delivery. According to the North Bay Business Journal, Marin County is considering an ordinance that would allow delivery-only medical cannabis businesses to operate within the county. Other cannabis businesses are prohibited from the county entirely. This, too, raises larger issues of how delivery services can sustain both short and long-term business growth. In developing successful business plan, the first and most important step is to ensure compliance with all state, county, city, and other local regulations. NBC San Diego reports that thousands of unlicensed delivery services are learning this lesson the hard way. After spending the past eighteen months targeting unlicensed retail marijuana stores, the San Diego Police Department’s Narcotics Unit has now shifting its focus to unlicensed marijuana delivery services. NBC’s investigation revealed that less than 5% of the San Diego marijuana delivery services it found were properly licensed. Now, those business owners face criminal charges, seizure of their assets, fines, and other costly penalties. Successful businesses must comply with myriad regulations at the state and local levels while avoiding federal prosecutions. They must also compete with larger retailers and delivery logistics companies, as well as new and developing technology in the sector.An Orange County cannabis business licensing lawyer can help marijuana delivery services stay compliant with upcoming changes in recreational use laws, while also creating business plans that will sustain profitable operations. 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 to Ban Legal Cannabis Delivery By Robot, Drone, Bicycle or Boat, September 14, 2017, by Janet Burns, Forbes More Blog Entries: California: No Marijuana Delivery With Drones, September 17, 2017, by Cannabis Law Group

The Many Ways Tech Companies Are Entering the Marijuana Compliance Market There are many different ways for technology companies to enter the marijuana market. According to Business Insider, one cannabis-centered social media platform (MassRoots) obtained a subscription service for access to cannabis regulations (CannaRegs). The $12 million stock deal will create a “one-stop shop” for MassRoots users. Now, business owners will be able to ensure they and their customers are in compliance with all federal, state and local regulations. MassRoots found CannaRegs to be a particularly valuable acquisition due to its majority of female leadership, and also its financial status as being cash flow positive and debt-free. It was also determined to be highly necessary in today’s regulation-centric cannabis market. Other businesses are breaking into the compliance market by going directly to the source, and securing government contracts. Government Technology reports that the state has selected software from Accela, Inc. to manage licensing for the cannabis industry. State Chief Information Officer Amy Tong says the software was chosen due to a competitive price quote, ease and flexibility of use, and its successful history within the industry and other state licensing entities. Other Marijuana Markets the Tech Industry Has Targeted Compliance is not, of course, the only area of technological innovation in the cannabis market. According to PR Newswire, a Canadian manufacturer has completed successful testing of cannabis vaporizers in Oakland. Patients had overwhelmingly positive responses to the proprietary heating system, which vaporizes cannabis without irritation to the throat or lungs. Resolve Digital Health, Inc. develops medical marijuana delivery systems and devices. Its CEO reports that their smart devices will use machine learning algorithms to select the optimal strains and dosing for each patient’s particular health condition. Medical conditions, prescriptions, family history, lifestyle, and other health data are analyzed to present a thorough picture of health which allows the smart devices to make accurate recommendations. In the City of Industry, two companies have announced breakthroughs in technology for long-term storage of cannabis. Business Insider reports that Sugarmade, Inc. and Plantation Corp. have developed a line of BudLife containers which preserve the important qualities of cannabis during storage. THC levels, terpene quality, tricome structure, aroma, and feel are all preserved by the packaging. The BudLife line is now in the final phases of design, and the companies expect to begin taking orders in the fourth quarter of 2017. The product is well timed: as recreational marijuana sales begin in early 2018, California cannabis businesses will face increased logistical challenges in preserving marijuana products for distribution. An experienced Orange County cannabis business licensing lawyer can help cannabis businesses ensure that they are in compliance with all legal, financial, tax, and business 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: Marijuana social media company Massroots is making a big bet on software, August 23, 2017, by Jeremy Berke, Business Insider More Blog Entries: Medical Marijuana Meets California Tech, December 12, 2015 by Cannabis Law Group

The Increase in Accidental Marijuana Poisonings A study reported in the Journal of the American Medical Association examined unintentional pediatric exposure to marijuana in Colorado both before and after its recreational use was made legal in that state. The study found that unintentional exposure cases increased more than five times between 2009 (before legalization, in which only 9 children were exposed) and 2015 (after legalization, in which 47 children were exposed). While these cases were only reported from one hospital facility in Aurora, Colorado, the entire state saw a greater increase in unintentional exposure cases than the rest of the country. Baked goods, popcorn, and candy products were involved in more than half of these accidental ingestions. California has also seen its share of accidental marijuana ingestion by children. KTVU reports that middle school students in San Diego became ill in April 2017 after a classmate sold them marijuana-infused gummy bears. And in August 2017, nineteen people became ill at a Quincenera party after eating edible pot candies. This anecdotal evidence is not nearly as persuasive as the statistical evidence, which suggests that California – like Colorado – will see an increase in accidental ingestion of marijuana by children once recreational marijuana sales are made legal. The Proposed Bill According to KTVU, Assembly Bill 350 would prohibit sales of edible cannabis products in the shape of a person, animal, insect or fruit. The Bill passed final legislative approval on September 14th, 2017, and has been sent to the Governor for consideration. Colorado enacted a similar law which taxes effect on October 1, 2017. The Cannabis Industry Journal reports that the law prohibits sales of edibles in the shape of an animal, human or fruit within the State of Colorado. If it passes, the law could lead to minute regulations for cannabis preparers. There will fine distinctions between those edible products which look to much like candy and those which do not. And yet – regardless of whether the bill is signed into law by Governor Brown or not – it raises important questions about child safety around recreational marijuana. Cannabis business owners – whether cultivators, distributors, or retailers – could face liability for accidental ingestion of products which are appealing to children. While appropriate packing can help this problem, the exposure cannot be removed altogether. This is an area in which business owners are wise to consult with a cannabis attorney about their packing, branding, and products. An experienced Orange County cannabis copyright and trademark lawyer can help recreational and medical marijuana businesses ensure they are in compliance with this new and developing area of the law. Sound legal advice can also limit business owners’ exposure to legal liability for accidental ingestion of their cannabis products by children. 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 bill to ban marijuana edibles in shape of gummy bears moves forward, September 15, 2017, by Lisa Fernandez, KTVU

More Blog Entries: Los Angeles Medical Cannabis Candy Makers Speaks to Parents About Concerns, October 12, 2016 by Cannabis Law Group