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

(known as Proposition 64) . That measure made recreational cannabis legal in the state, but subject to a laundry list of stringent regulations businesses must abide. In addition, many local governments have set their own rules, and this is all heaped on to existing barriers under the federal Controlled Substances Act, 21 U.S.C. Section 812.

Good marijuana business attorneys recognize that even once a client clears all those hurdles, small operations often have an even bigger mountain to climb: Competition from cannabis mega-corporations. This has spurred a number of marijuana lawsuits against the state for failure to keep these bigger firms in check with sufficient regulation.

Specifically, some farmers are taking aim at the fact the law does not fully restrict acreage permitted per grower for marijuana.

In one example, California Growers Association, a nonprofit, mutual benefit corporation, has filed a lawsuit in Sacramento County Superior Court against the state’s agriculture department, challenging the lack of such a stipulation.

The farmers argue that without such a limit, they are positioned to lose their standing to large agribusinesses, which have resources to convert massive expanses of land, according to San Francisco Chronicle. This conflicts with provisions built into Proposition 64 to protect owners of small- and medium-sized marijuana cultivation operations.

California Growers Association v. California Department of Food and Agriculture states that Proposition 64 prohibits licenses for large-scale operations in the first five years of legalization and that the Food and Agriculture Department “has promulgated a regulatory loophole that eviscerates the statutory five-year prohibition overwhelmingly approved by California voters.”

Medical and Adult-Use Cannabis Regulation and Safety Act passed in June 2017 by the California Senate was supposed to reconcile Medical Cannabis Regulation and Safety Act with recreational legalization. But farmers say it created an inconsistency that they fear will be exploited.

According to the lawsuit, the state regulations do put a limit of one acre per license for “medium” farms, with one such license allowed per grower. A “small” license is meant for operations of up to one-quarter acre. But there is not a cap on the number of small marijuana cultivator licenses one grower can have, the lawsuit alleges. As such, larger corporations could use their extensive resources to buy as many small licenses as they want, edging out smaller farms and their ability to compete. The growers association said the counties most vulnerable are Humboldt, Trinity, and Mendocino counties in northern California, home of the Green Triangle, where it is estimated most marijuana in the United States is grown.

The lawsuit said that paving the way to agribusinesses would not only hurt local farmers, but it also could cause prices to drop so dramatically that businesses will opt to sell illegally and remove themselves from the burdensome restrictions.

Our Orange County marijuana legalization attorneys hope the state sees the potential harm lack of oversight could have to California business owners. It is our aim to make sure as many businesses as possible are compliant with local and state laws and support any measures that make that easier for entrepreneurs looking to get into the cannabis industry.

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 Growers Sue California Over Lack of Limits on Big Farms, Jan. 24, 2108, Peter Fimrite, San Francisco Chronicle

More Blog Entries:

Small Marijuana Growers Fear Corporate Takeover in California, May 13, 2016, Orange County Marijuana Legalization Attorneys Blog

charges in states where activity is legal. This has effectively opened the doors for officials to pursue legal action against operations per the federal Controlled Substances Act, 21 U.S.C. Section 812, even though they are abiding state laws.

That isn’t stopping states, though, from pressing forward with marijuana legalization.

Vermont is the latest state to make recreational marijuana legal for adult use, joining California, Colorado, Washington, Oregon, Maine, Massachusetts, Nevada, Alaska, and Washington, D.C. But what makes Vermont unique is that this is the first recreational marijuana law passed through legislation rather than a ballot initiative, according to a report from Huffington Post. This was necessary, however, because the state does have a system for voting on such measures.Also different, Vermont’s law does not speak to sales, other than re-enforcing that sales are illegal to those under the age of 21, or setting up a regulated market.

Gov. Phil Scott (R) signed House Bill 511 into law, which eliminates punishment for possession of up to one ounce of marijuana, two mature cannabis plants, and up to four immature plants. The governor cited his belief that adults should be free to do what they want on private property, so long as it does not endanger the health or safety of others.

Scott vetoed a similar bill last year, ordering a committee be formed to research cannabis markets and how they might affect the state. This committee continues to focus on education efforts and safety strategies. If the committee gathers the necessary research and forms stable and effective plans, then the governor said he will consider establishing an infrastructure for sales in the state. Vermont’s lieutenant governor voiced a desire to make sure whatever structure is put in place focus on small operations rather than large out-of-state businesses.

With some public skepticism that the governor will ever establish such a system, it’s possible the state legislature might move forward without Scott. Some politicians, however, worry about how public reaction might affect election bids later in the year. To override a veto from the governor, a 2/3 vote would be necessary in each chamber. Meanwhile, the citizens of Vermont will be growing and using marijuana, and the state will lose out on a substantial amount of tax revenue that would be born from regulating and taxing legal sales.

Our Orange County recreational marijuana attorneys know these are confusing times for citizens and businesses alike. With recent polls showing 60 percent of Americans are in favor of full cannabis legalization, it’s hard to imagine why politicians would keep pushing back, especially with the ways marijuana has benefited people’s health and local economies. But push back they do, making it important to have an experienced legal team on your side, in case you find yourself fighting criminal charges or facing a civil lawsuit. Our team consists of a civil lawyer who handle civil cases and criminal lawyers who handle criminal cases, rather than jacks of all trades. This ensures you always have someone with the proper experience representing you.

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:

Vermont Makes History by Legalizing Marijuana, But Its Law Comes With a Catch, Jan. 22, 2018, By Nick Wing, Huffington Post

More Blog Entries:

More States Look to Legalize Marijuana in 2018, Jan. 21, 2018, Cannabis Law Group

new law did not automatically make cannabis legal everywhere in California. It is still up to local governments to regulate, restrict, and ban as they see fit or to open the floor to residential votes. Therefore, many Californians have been disappointed to discover their local laws are prohibitive to using, growing, or distributing marijuana.

Even more disappointing, though, is when the law changes in a region that initially legalized marijuana, especially for citizens who have already made significant investments in the cannabis industry.

This is the case in Calaveras County in Northern California, where the board of supervisors voted 3-2 to ban commercial marijuana. The board included four newly elected members who campaigned last year on promises of banning marijuana, according to an article from Associated Press. The decision will have broad-sweeping effects on some 200 cannabis farms that will now have only three months to shut down operations. The growers in Calaveras with permits have already announced an intent to sue the county. Aside from the substantial time and resources used to set up a growing operation, the farms had to each pay a permit cost of $5,000. On top of that, the county has collected a staggering amount of tax revenue from the farms since 2016, totaling more than $7 million to date.

This tax revenue was initially what prompted the county to open the doors to marijuana operations in the first place. The region endured a very harsh wildfire in 2015, which ruined hundreds of homes and businesses. The new income from cannabis was a much needed relief for the devastated county and its 44,000 residents.

It might be alarming to see a region profit so greatly from an industry, then just as quickly dismiss it without concern for the ramifications on those business owners. However, our Orange County marijuana legalization attorneys know these stories are all too common amid the growing pains of a continually evolving cannabis industry. That’s why our experienced lawyers are prepared to help marijuana business owners along every step of the way: from setting up collectives, to advising owners how to adjust to the changing legal landscape, and preparing for a lawsuit should such a need arise. Our team is prepared to fight when your business is being taken advantage of.

While some of the marijuana farming taxes was used for additional police and other staff members, the county was not prepared to fully manage the effects of legalization. According to the Associated Press report, Calaveras County is about the size of Rhode Island. It is estimated that on top of the 200 farms with permits, there are more than 1,000 illegal operations. Hundreds more were awaiting a response to permit applications. Obviously such a dramatic infiltration of cannabis farms into the region was alarming to residents, particularly when the vast majority were operating illegally. But the county’s inability to manage illegal operations does not warrant punishing the businesses that have been operating legally since the beginning, particularly when their hard work has so greatly benefited the region.

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:

Once Pot-Friendly Calaveras County Bans Marijuana, Jan. 17, 2018, By Paul Elias, Associated Press

More Blog Entries:

Orange County Moves Toward Banning Sale of Marijuana, Nov. 16, 2017, Orange County Marijuana Attorneys Blog