With a sharp rise in the number of public and private sector job seekers disqualified for testing positive for marijuana use, calls have been made to update legislation. Insiders are asking whether rules of employment should now be relaxed, given marijuana use is far more widely accepted today, than it was prior to its legalization.

Our Los Angeles medical marijuana lawyers are here to help those needing cannabis therapy and still wishing to remain employed. Especially as opponents of marijuana use in the workplace are making strong cases against it. For example, a National Institute on Drug Abuse study recently found that workers testing positive to marijuana use also had:

• 55% more industrial accidents than those not using marijuana;
• 85% more injuries compared with those abstaining from cannabis use; and
• 75% greater absenteeism than those who did use cannabis

Proposition 64 When Proposition 64 was voted into Californian law in 2016, private and public employers were permitted to mandate that their employees maintain a drug-free workplace. It also allowed employers to terminate workers failing to adhere to these policies. While these guidelines appear reasonable in ensuring folks are not impaired at work, it does little to account for those medically needing cannabis.

The number of Californian employees and job seekers, in jobs not deemed safety-sensitive, who returned positive marijuana use tests has risen from 2.3 percent in 2015, to 3.1 percent in 2018. According to analysts, this increase is greater than the national average rise of 2.8 percent.

A New Challenge for Employers Not only is marijuana use prevalent throughout the Californian workforce, it will only continue to grow. As a result, employers now have to weigh policies that guard and protect their employees, customers and the general public, as well as assess the benefits and dangers marijuana use by employees outside of business hours, could pose to their business.

Pro-cannabis supporters like Ellen Komp, representative for California NORML, don’t believe banning the use of cannabis is needed to ensure safety in the workplace. “Our position is that people can legally and responsibly use marijuana off the job, as long as they don’t show up to work impaired, or use it on the job.”

Assembly Bill 2355 Rob Bonta, Dem. Alameda agrees. He recently introduced Assembly Bill 2355, to help give patients a framework in which they can use medical marijuana while employed. This bill does not protect the use of marijuana during work hours, nor extend to those working in positions where marijuana use could pose a considerable safety hazard, such as use by aviation pilots, school bus drivers and truck drivers.

If the legislation is passed, it would mandate that both public and private sector employers accommodate job applicants and employees who use medical marijuana outside the workplace and not during work hours. To help give employers some peace-of-mind that their workforce is not abusing the policy, AB 2355 would allow workplaces to require:

• employees using medical marijuana first provide their valid medical marijuana ID card;
• employees also submit to employers their cannabis dosage or treatment regimen as recommended by their doctor;
• the patient’s doctor must hold a license to practice medicine in California; and
• the treatment regimen provided must be in line with the Medical Board of California guidelines.

Implications As Proposition 64 does not offer any safeguards for legal marijuana use in the workplace, and given federal law still deems marijuana a Schedule I drug, it’s unlikely those laws restricting pot use in the workplace will be relaxed any time soon.

The challenge lies in that by allowing drug use in the workplace, even if legal medical marijuana use, the safety of others may be jeopardized. This is largely why businesses holding federal contracts are often mandated to ensure workplaces are drug-free.

And while workplace safety is always a priority, this scenario does prove problematic for medical marijuana users. The current law allows employees to be subjected to random drug testing, and disciplinary action may follow for those returning a positive marijuana use test, regardless of whether the marijuana was used lawfully, away from work, and did not impair the employee while on the job.

If Assembly Bill 2355 is passed, it will at least give employers a policy to follow that will protect medical marijuana users, while still restricting recreational users in the workplace.

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: Proposition 64 – The Control, Regulate and Tax of Adult Use Marijuana Act Assembly Bill 2355 – Employment Discrimination: Medical Cannabis

Last week, the California Assembly approved a bill that would permit school boards to decide whether parents can administer medical marijuana on school campuses. The bill notes that marijuana may only be administered via capsules or oils as no smoking or vaping would be permitted, and students can only receive the treatment if accompanied by a medical marijuana prescription.

Why Cannabis at School? According to the Mayo Clinic, medical cannabis has been shown to help those suffering from a number of conditions, including:

• ADHD;
• Chronic pain;
• Crohn’s disease;
• Epilepsy or seizures;
• Multiple sclerosis or severe muscle spasms;
• Nausea, vomiting associated with cancer treatment; and
• Tourette syndrome.

Although there is intense stigma and concern surrounding children and cannabis, the truth is, under the supervision of a meticulous medical doctor, children with conditions like cancer and epilepsy not only benefit from cannabis — they thrive. But parents can face serious penalties – up to an including jail time and custody loss – if they aren’t extremely careful in following the exact letter of the law. Consulting with a lawyer is something you should absolutely do if authorities are questioning your child’s use of medical marijuana, but it may be wise to reach out to an attorney before police come knocking.

If you need advice or help fighting for your right to administer medical marijuana to a child on a school campus, our California medical marijuana lawyers are here for you.

Current Law Needs Updating As the law stands now, marijuana is not permitted on school campuses. That means, for children taking medical marijuana, they must either meet parents off campus, or parents must remove students from school to administer their medication, and then ensure children are returned to school again. Those in support of the bill point out that this protocol can be arduous and detract from students’ class time.

Meanwhile, opponents of the proposed change worry that allowing drugs on campus is opening a can of worms, and ask whether current regulations set in place for children taking medical marijuana are strong enough to keep students safe.

Californian Kids Inspire the Bill The bills is carried by Democratic Sen. Jerry Hill, who said his legislation, if approved, would help children and teenagers suffering from severe medical challenges. Hill’s office noted that a San Francisco teenager in Hill’s district who suffered from up to 50 seizures a day, helped to inspire the bill. The teenager’s condition improved dramatically once beginning medical marijuana treatment.

A similar case in California, saw a school district try to prohibit a 5-year-old girl from bringing her cannabis oil to kindergarten with her. The girl’s family argued that was a violation of protections for disabled students.

A Santa Rosa court temporarily permitted the child to take her medicine with her to school, to help treat a rare form of epilepsy. The judge is currently weighing his final ruling.

Should Hill’s bill pass in the Senate, it will proceed to Democratic Gov. Gavin Newsom. Parents of children undergoing medical marijuana treatment will be hoping for a different outcome from last year, when Gov. Jerry Brown vetoed a very similar proposal.

Implications It will be very interesting to see how the Senate votes on allowing children to be receive prescription medical marijuana on K-12 school campuses. Continuing to ask parents to administer medicine away from school is not only logistically challenging and time consuming, but can even be dangerous if students are having to move to and from school campuses unaccompanied throughout the course of the day.

On the other hand, it is reasonable to expect that should the bill pass, safeguards would need to be established to ensure that cannabis oils and capsules were secured from making their way into the possession of students not medically needing them. Should the bill pass, it will also be interesting to see how Gov. Newsom responds to the proposal, so soon after his predecessor prevented the bill’s passage just a year ago. About Cannabis Law Group The Los Angeles CANNABIS LAW Group represents growers dispensaries, ancillary companies, patients and those facing criminal marijuana charges. Call us at 949-375-4734. Additional Resources: The Mayo Clinic

Senator Jean Fuller (R-Bakersfield). The senator wanted to get on the books more concrete ramifications for dispensaries who sold marijuana to underage clients. The bill proposed a tiered system in which first offenders would receive a 15-day license suspension, second-time offenders within a three-year period would receive a 25-day suspension, and a third offense in three years would lead to a full license revocation. SB-1451, however, was vetoed by Gov. Jerry Brown, who called the bill “not necessary,” according tot a report from High Times. Gov. Brown pointed to the Bureau of Cannabis Control and cited their power to suspend or revoke licenses based on these exact kinds of violations and said he would rather the bureau be able to use their own discretion in determining punishment.

In the numerous discussions surrounding the issue of cannabis laws in California and other states across the country, there has been an extraordinary amount of focus on children. Can they be recommended marijuana by a doctor? What is the punishment for selling to a minor? How can marijuana businesses advertise in a way that would not be seen by or not be appealing to children? How do we make the packaging child safe? How does cannabis affect developing brains and bodies? How far should a business be located from schools? The list goes on and on, and many of these issues can be addressed simply with the guidance of a skilled marijuana legal counsel.Some of these questions are practical, common sense measures that must be taken seriously in the development of a marketplace that revolves around a controlled substance. Others are strawman arguments used to inject old-school fear tactics in order to derail any conversation about marijuana. “Think about the children” has long been a crutch on many issues in which there is not a strong enough argument on one side of the aisle. No one is against child safety, so implying that one side is not thinking of the safety of children is a sure way to win some easy points. We are currently seeing this argument play out in debates over whether marijuana delivery services should be allowed to bring product to private residences in cities with sales bans. One would think a child would be whisked away into a life of crime and drugs at the site of a marijuana delivery van the way some cannabis attackers paint the picture.

We’re finally seeing some sanity prevail, though, particularly in regards to medical marijuana and children with debilitating disorders. SB-1127, which would allow parents to administer cannabis-based medicines to their children on school grounds, is awaiting the governor’s signature. Currently, parents have to remove their child from school property to give them such medication and then bring them back to school, a terribly disruptive process. Furthermore, a discussion about cannabis and children simply cannot occur without noting that the absolute only marijuana-based medicine so far approved by U.S. Food & Drug Administration is one designed specifically for children with severe forms of epilepsy. This makes these children the most legitimized users of marijuana in the entire country. It’s safe to say if a family with an epileptic child lived in an area of California cut off from easy access to dispensaries, they would be pretty excited to see that delivery truck coming down their street with their much-needed medicine.

Our Orange County medical marijuana attorneys implore California’s leadership in their quest to protect children from marijuana that they also take equal time to think about the children who directly benefit from this life-changing medicine.

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:

Governor Vetoes Mandatory Minimum Penalties for Pot Shops That Sell to Minors, By Patrick McGreevy, Sept. 10, 2018, Los Angeles Times

More Blog Entries:

Medical Marijuana for Children With Serious Medical Conditions, March 6, 2016, Cannabis Law Group

correlation between workplace fatalities and the legalization of medical marijuana, and the discoveries could be surprising to many. The data points compiled fly in the face of anti-marijuana rhetoric that has been peddled as “common sense” for decades and show, in fact, a sharp decline in fatal workplace accidents as access to medical marijuana increases. The research is set to be published in The International Journal of Drug Policy, and according to a report from Colorado Springs Independent, the connection the research demonstrated between continuous decreases in fatalities in the workplace and medical marijuana is compelling.

Researchers compiled data from 1992 to 2015, providing a set that included the several years leading up to the passage of the Compassionate Use Act of 1996, which legalized medical marijuana in California, making it the first state to do so. The study followed other states as well and found that deaths from workplace accidents would drop about 34 percent after medical marijuana had been legal in that state for five years. The connection was most notable in the age group of 25- to 44-year-olds, which demonstrated a 19.8 percent reduction. It was unclear what researchers would uncover going into the study given that there had never been an opportunity to collect this kind of data before. Additionally, it would seem reasonable that introducing a drug into society that had the potential for impairment could lead to an increase of incidents on the job, leading to more fatal accidents. Now that the numbers are demonstrating an opposite effect, however, we have an opportunity to learn more about cannabis and its effects.

One possible cause is what researchers call substitution theory. Our experienced Orange County medical marijuana lawyers can explain, substitution theory in simply when one factor in an observed setting is replaced by another. This, as it turns out, happens frequently when medical marijuana is introduced into an area, most significantly when chronic pain is a condition in which the state at-hand allows marijuana as a treatment. Frequently those with chronic pain turn to alcohol or strong, addictive painkillers, such as opioids.

If workers were turning to these substances during or before their shifts, the effects could be extremely negative, with impairments so severe it could easily lead to a fatal accident. If workers were to substitute these extreme forms of pain management with something like cannabis, they might experience some impairment for a limited time, but, as it’s turning out, not to the same effect of other previously more accessible substances. Of particular note is the use of CBD, in which patients would reap some of the benefits of cannabis without the sensation of feeling high. CBD does not have the psychoactive compounds of its cannabis sister THC, and therefore makes a very practical solution for those who need help with fewer impairment concerns. Ease of access also seemed to play a role, with significant drops in fatal accidents in areas where collective cultivation was permitted.

No one denies the need to set up common sense rules and structure around the use of cannabis, similarly to alcohol. The heavy-handed nature by which these rules have been handled, though, is clearly the aftermath of deep-seated propaganda and not in the reality of the dangers of this drug. In light of emerging data, our legal team hopes to see California join other states that have stepped up to protect the rights of workers who consume cannabis off-the-clock.

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:

Workplace Deaths Drop After States Legalize Medical Marijuana, By Kyle Jaeger, Aug. 10, 2018, Marijuana Moment

More Blog Entries:

Maine Won’t Punish Workers for Cannabis Use On Own Time, April 4, 2018, Cannabis Law Group

medical marijuana. Delaware News Journal reported an increasing number of parents are turning to cannabis for their children with especially serious or rare conditions. It’s no wonder then that California lawmakers recently passed a bill to allow medical marijuana on school premises.

SB-1127 was introduced by Calif. Sen. Jerry Hill (D-San Mateo) and has passed both houses of the state legislature. Ultimately, the bill would leave it up to school districts and boards of education to decide whether or not to allow medical marijuana on school grounds. While it’s noble to allow school district to have some autonomy, this decision could lead to much confusion and unnecessary distress. Prop 64 allowed cities in California to maintain a ban on sales and cultivation at their own discretion, and it has led to a great deal of Californians not being able to full participate in the cannabis economies they voted to legalize. Similarly, the most vulnerable students and their parents could very well be pigeon-holed by rigid district officials and judgmental peers who can’t understand the complex decisions a parent must make to ensure their child has the best care possible. After all, cannabis generally isn’t recommended by physicians for children except in severe cases. Parents would still be required to administer the medication as needed, and it cannot be smoked or vaped, nor can it be stored at the school. The new bill, if signed into law, does eliminate one step parents must currently fulfill. As it stands now, parents must comes to the school and remove the child from the property before they can give them medical cannabis. Allowing parents to remain on campus at least eases that one burden. Ideally, nurses would be able to dole out medications to children, but public schools are bound by federal law, which still bans cannabis in all forms.

Skeptics say there has not been enough research on medical marijuana’s effectiveness on child patients, which is remarkably ironic considering the only cannabis-based drug to be approved by the Food and Drug Administration is specifically for children. Epidiolex passed the group’s rigorous standards in June and is expected to soon affect the federal scheduling of marijuana. The CBD-based drug is used to ease symptoms of severe forms of childhood epilepsy. As is the case when any medication is prescribed, doctors must consider whether the risk of the medication outweighs the immediate risk of the medical condition they are treating. In the case of debilitating and frequent seizures, the choice for many doctors as to whether to recommend medical marijuana clear.

Our Orange County medical cannabis lawyers are proud to fight alongside parents seeking the best medical options for their children. We hope school boards will see the intention behind this bill and be open to allowing parents the small luxury of being allowed to administer medical marijuana on school grounds. We hope they also will recognize what is best for the kids involved, whose lives are already so disrupted by serious medical conditions. Allowing a little normalcy in their lives by permitting them quick and efficient access to medicine is a small favor to ask.

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:

Bill allowing medical marijuana at schools passes California Legislature, Aug. 28, 2018, CalCoast Times

More Blog Entries:

Students Who Need Medical Marijuana Deserve Easier Access, Feb. 28, 2018, Cannabis Law Group

change the landscape of marijuana in the United States, possibly within the next month. Epidiolex contains an active ingredient of CBD found in marijuana, and was approved to treat severe forms of epilepsy in children. According to a report from The Philadelphia Inquirer, the CEO of the company responsible for Epidiolex said before the drug can be prescribed, it must be reclassified to be lower than it’s current Schedule I status, Controlled Substances Act, 21 U.S.C. Section 812. He said he expects this to happen within 90 days of the FDA approval. This means marijuana could very well be reclassified by late September. It doesn’t mean that there will be a total free-for-all on cannabis use, but a lower scheduling will mean that the federal government will finally acknowledge the plant has medicinal benefits, and medical marijuana programs across the country can be released from the grips of the federal ban.

As our trusted Orange County marijuana attorneys can explain, there are several reasons it has taken federal leaders so long to release their grip on cannabis prohibition. First of all, anti-marijuana propaganda has been deeply ingrained in the American psyche for decades through drug prevention programs and public service campaigns. The campaigns themselves have their own nefarious roots, as marijuana has a history of being used as a tool to target minority groups and political activists. Law enforcement agencies have legitimized their questionable arrest practices by exaggerating the effects of cannabis to a naive nation.

Second, these same law enforcement agencies soon learned this practice also meant extra funding for their departments. “War on Drugs” quickly became a buzz term that got people worked up into a fervor over scary drug lords and sketchy dealers preying on our children. While those things certainly exist, it’s much more difficult to crack down on meth houses and massive cartels than it is to round up average marijuana users. On paper, though, incarcerating someone with a personal bag of marijuana looks the same as the arrest of a cocaine trafficker, and racking up big numbers of drug-related arrests keeps “War on Drugs” funding flowing into police departments.

Third, and this is perhaps the biggest factor, is massive lobbying money coming in from pharmaceutical companies. We are learning more and more each day how many potential health benefits cannabis holds. So why wouldn’t pharmaceutical companies want to capitalize off of this miracle drug? The answer is shockingly simple and terribly sad: cannabis is fairly inexpensive to cultivate and can even be grown at home. Many treatments involving cannabis require little processing. Education and medical assistance can help patients learn the difference between indica and sativa strains and also understand how the right balance of THC and CBD will help their ailments. There is certainly room for pharmaceutical companies to get involved with crafting precise balances of cannabis oils, lotions, and pills to treat specific conditions. For example, Epidiolex will cost $32,500 per year before insurance, leaving little room to imagine why there is the sudden interest in legalization. The fact is, though, with the right medical guidance many people can skip the middle man of the drug companies all together and have been doing so for years.

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:

FDA Approves First Drug Comprised of an Active Ingredient Derived from Marijuana to Treat Rare, Severe Forms of Epilepsy, June 25, 2018, U.S. Food & Drug Administration

More Blog Entries:

FDA Approval Could Change Everything for Medical Marijuana, July 1, 2018, Cannabis Law Group

involves cannabis. A joint project by the University of Miami Miller School of Medicine, Toronto’s Scythian Biosciences Corp., and The Miami Project to Cure Paralysis has led to the development of a “concussion pill,” which combines CBD and an NMDA amino acid anesthetic, according to UPI. Pre-clinical studies on rodents are showing improved cognitive function after traumatic brain injury, more so than either component of the pills does on its own. Trials also showed no adverse effects caused by either component individually nor in combination.

Traumatic brain injuries have made headlines in recent years as more attention has been brought to the dangers of aggressive contact sports, such as football, and the long-term damage caused by concussions. Meanwhile, football players have become some of the strongest advocates for medical marijuana. Cannabis, particularly CBD, has proven to be effective at treating chronic pain caused by sport-related injuries, and does not have the addictive properties of opioids, which are typically prescribed for such injuries. Other players suffer from conditions unrelated to sports, but using medical marijuana has made it possible for them to enjoy activities with fewer limitations. For example, medical marijuana is proving to be a breakthrough treatment for severe seizures, paving the way for people with epilepsy to perform at a competitive level like never before. All of these factors make athletes ideal for receiving the benefits of medical marijuana treatments. Yet continued backward thinking about the drug is holding us back. Time and again, these people face roadblocks in playing the sports they love and getting the treatments they need because of Controlled Substances Act, 21 U.S.C. Section 812, which classifies marijuana as a Schedule I narcotic. Students seeking to compete at NCAA schools find themselves fighting zero-tolerance anti-drug policies, even in states where medical marijuana is legal (which is now a total of 30 states). Even NFL players and other professional athletes are subjected to drug testing that includes marijuana. Many report fighting opioid addiction because, although it’s well documented how dangerous overuse of these medications has become, they are still (in the eyes of federal law) considered preferable over cannabis, of which no overdose deaths have ever been documented.

Researchers who have been developing the “concussion pill” envision a future in which it would be kept at the sidelines of all full-contact sporting events to help control the immediate inflammation caused after trauma. First responders and emergency rooms could also be equipped with the medication to be administered as quickly as possible, addressing issues before their effects are potentially irreversible. First, though, there will be a small series of human evaluations, followed by an extensive three-year full clinical trial, and finally assessment by U.S. Food and Drug Administration.

Our Orange County medical cannabis lawyers also dream of such a future. We only can hope evidence of the benefits of cannabis continues to grow, making it impossible for the powers-that-be to deny its beneficial properties any longer. Californians have known for some time the impressive benefits of this versatile plant, yet are continually restricted by the federal ban. It is time our federal leaders get on the right side of history and allow Americans to get the treatments they deserve.

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:

‘Concussion Pill’ Shows Promise in Pre-Clinical Pilot Study, July 10, 2018, University of Miami Miller School of Medicine

More Blog Entries:

Seizures Couldn’t End Football Dreams, But CBD Oil Might, May 27, 2018, Cannabis Law Group

marijuana-derived drug was recently approved by the FDA, making it the first of its kind. According to Washington Post, Epidiolex is a liquid anti-seizure drug which contains a purified cannabidiol, a non-psychoactive element in marijuana. CBD, as you likely know it as, only contains trace amounts of THC and does not create the “high” that so many marijuana naysayers point to as the defense for their outdated thinking. CBD oil is commonly used for pain management, anxiety, addiction treatment, and now in a drug used for childhood epilepsy. Clinical trials of Epidiolex have shown better results without the severe side effects of epilepsy drugs already on the market. The drug has now been approved for patients 2 and older. Of course this is significant for families battling this debilitating disorder, but it also could be a groundbreaking moment for the rest of us as well.

As our Orange County marijuana lawyers can explain, cannabis is still classified as a Schedule I narcotic. According to Controlled Substances Act, 21 U.S.C. Section 812, a drug is considered Schedule I if it meets three criteria:

1) It has high potential for abuse. 2) It has no currently accepted medical use. 3) Even under medical supervision, it lacks accepted safety standards.

Millions of Americans have come to understand that these three statements couldn’t be further from the truth in regards to cannabis. That is precisely why FDA approval of a CBD derived drug is so colossal. Now a federal agency has directly acknowledged the safety and efficacy of medical marijuana. It is predicted that now the Drug Enforcement Administration could reclassify cannabis within 90 days, though there is some question as to whether marijuana as a whole would be reclassified or only CBD.

In the past, FDA has approved drugs that attempt to mimic the effects of THC, for example in drugs that cancer patients use to fight nausea from their treatments. But we all know there’s no reason we can’t move past all the hysteria and start working with the real deal. Reclassifying marijuana would mean doctors would be more free to run more trials, perform tests to determine the proper dosages and strains for various treatments more freely, and the drug could be more seriously taught in medical schools. It also would finally legitimize the medical marijuana laws already in place in 29 states and Washington, D.C.

Californians have been able to enjoy the healing properties of medical marijuana for more than 20 years. Yet the federal government has waffled on declassifying or dropping cannabis to a lower schedule. Sometimes anecdotes, no matter how frequent or compelling, just aren’t enough to shift deeply engrained ideas. Our attorneys know FDA approval is a huge first step, but we still aren’t anywhere where we need to be as a country. Discussions about CBD that still demonize the effects of THC will continue to perpetuate old myths about marijuana and tropes about “stoners.” So long as such old-school propaganda continues to enter any serious conversation about marijuana, whether medical or recreational, our attorneys will be there to fight back with facts. We have your back with a variety of services that use our wealth of knowledge and experience, including helping entrepreneurs establish cannabis businesses, defending Californians against employers or landlords trying to infringe on rights, and assisting with criminal matters related 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:

Researching the Potential Medical Benefits and Risks of Marijuana, March 29, 2018, U.S. Food and Drug Administration

More Blog Entries:

FDA: Liquid Marijuana Synthetic Approved for Cancer, AIDS Patients, Aug. 24, 2016, Cannabis Law Group

calling it unconstitutional. People United for Medical Marijuana Inc. v. Florida Department of Health challenged a smoking restriction lawmakers added to regulations for medical marijuana. Plaintiffs cited medical cases in which smoking cannabis was beneficial to the patient, including a woman who smoked marijuana as part of her treatment for ALS. She testified her doctors never objected to her smoking and were impressed by the ways she showed improvement after smoking.

In November 2016, voters passed Florida Medical Marijuana Legalization Initiative (or Amendment 2) with the required super-majority it needed to amend the state constitution. The ballot initiative called for the legalization of medical marijuana “for individuals with specific debilitating diseases or comparable debilitating conditions as determined by a licensed state physician.” Power to set regulations went to the Legislature, which compiled a list of eligible diagnoses the following year that would be qualified for medical marijuana recommendations. Lawmakers also added verbiage to SB-8A about how cannabis could be administered, which specifically banned smoking.

Plaintiffs pointed to Article X of the Florida State Constitution, which only addresses smoking in reference to where cannabis can be consumed, according to a report from The Associated Press. Section 29 (c)(6) states: “Nothing in this section shall require any accommodation of any on‐site medical use of marijuana in any correctional institution or detention facility or place of education or employment, or of smoking medical marijuana in any public place.” Plaintiffs said this clearly positioned smoking of medical marijuana as being covered by the amendment, but only in private. The judge agreed.

Our trusted medical marijuana attorneys in Orange County have seen many cannabis laws passed over the years that were completely unnecessary. In an effort to reconcile decades of anti-marijuana propaganda with the current trend toward full legalization, many state lawmakers have tried to impose irrelevant regulations under the guise of safety. While some restrictions are absolutely necessary, such as an age limit or a cap on how much can be purchased, other rules seem to be put in place simply to appease those who are scared of change. Some states, such as Ohio and Florida, have approved medical marijuana use, but doctors are only allowed to recommend it for a pre-approved list of ailments. Connecticut dispensaries are not allowed to have light-up signs on after hours. Other states have tried to limit the ways in which cannabis can be consumed, as is the case in Florida.

These rules play into the old ways of thinking, positioning cannabis as something that is scary, dangerous, and unpredictable. Our legal team knows, though, that with the right oversight, marijuana can be an effective tool for medical practitioners, not only for serious diseases, but also commonplace issues, such as anxiety and pain. No deaths have been reported from marijuana overdoses, making it a safe alternative to many drugs on the market now, as well. We hope to see rational thinking continue to prevail, with more extraneous restrictions removed from the law. Our legal team will fight for the rights of medical marijuana patients in the face of continued misinformation about this transformative treatment.

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:

Florida’s Smoking Ban on Medical Marijuana Struck Down by Judge, May 26, 2018, By Elizabeth Koh, Tampa Bay Times

More Blog Entries:

“Where Can I Smoke Pot?” and Other Prop. 64 Questions, Dec. 30, 2016, Orange County Medical Marijuana Lawyers Blog

constantly find those who insist on fighting this useful treatment and punishing those who need it. The latest story comes out of Georgia, where a high school football player has been told the medical treatment that controls his seizures will prevent him from pursuing his dreams, according to a CNN report.

The senior committed to Auburn University in Alabama next school year, but was later informed that he would not be allowed to play football while continuing to use CBD oil. Because the decision came down from NCAA, it also means he wouldn’t be able to play for any other NCAA school. NCAA guidelines state that players cannot have any tetrhydrocannabidinol, better known as THC, in their systems. This is the component of cannabis known for creating a high sensation. Because it remains in the system long after the high is gone, it’s difficult to test whether a person is was under the influence an hour ago or three days ago.CBD oil, however, has less than .3 percent THC. Its primary ingredient is cannabidiol, the component in cannabis that does not cause a high, and has been used to treat many ailments. That less than .3 percent THC, however, can still show up on an NCAA drug test and disqualify players, regardless of the fact that the amount is so trace the player would not feel high, even right after taking it. Advocates are urging NCAA to revisit their rules and make exceptions for medical treatments, especially in this case when so little THC is involved. But NCAA iss ticking by the federal government’s Schedule I classification of cannabis under Controlled Substances Act, 21 U.S.C. Section 812.

There are a wide variety of symptoms relevant to football players that could benefit from cannabis treatments. For example, Project CBD, A California-based nonprofit whose goal is to educate and promote the medical benefits of cannabis, has been petitioning NFL to investigate medical marijuana as a treatment for players, particularly those with traumatic brain injury. An emeritus professor at Harvard Medical School wrote an open letter to NFL commissioners asking that, in lieu of available research from pharmaceutical companies or the federal government, that they fund a program to find concrete evidence on the effectiveness of CBD’s anti-inflammatory properties on concussions in football players.

As our Orange County medical marijuana attorneys can attest, we have seen plenty of cases where people’s lives were turned upside down because they had the audacity to prioritize their health with an effective and safe medical treatment. But some cases demonstrate more than others how ludicrous our current situation is regarding cannabis in this country. It’s incredible to see a young man overcome health problems as intensive as seizures and then go on to not only play football, but to help his team to the state championships. Seizures didn’t stand in the way of him achieving success, but the powers that be say a tiny, inconsequential percentage of THC in his system should end his career. That is wrong, and it’s why we stand up for the rights of medical marijuana patients and businesses. No one should have to sacrifice their health in order to participate in college programs or pursue a career.

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:

Open Letter to NFL Commissioner Roger Goodell, Jan. 4, 2016, B Lester Grinspoon, M.D., Project CBD

More Blog Entries:

It’s Time for NFL to Put Medical Marijuana in the Game, April 30, 2018, Orange County Medical Marijuana Lawyers Blog

demonstrate time and time again that they are not working with all of the facts, particularly when it comes to marijuana. Take Robert Patterson, chief of the Drug Enforcement Agency. He recently gave testimony during a hearing before the House Judiciary Committee on the opioid abuse crisis. The topic of medical marijuana came up frequently, yet Patterson was embarrassingly unprepared to discuss cannabis and its ability to help free people from opioid addictions. In fact, he didn’t seem to have much of a grasp on information about marijuana in general, according to a report Dispensaries.com.

The committee is rightfully concerned about opioids. According to the committee chairman during the hearing, almost a third of drug overdoses in the United States in 2016 were from synthetic opioids, at more than 20,000 deaths. He went on to say that in 2018 more than 2 million people will suffer from opioid addiction, whether obtained by prescription or illicit means. Studies and anecdotal evidence are growing that show cannabis is an effective replacement for opioid prescriptions and, therefore, ultimately could prevent overdoses. However, Patterson claimed to be unaware of these studies, a rather shocking statement for the top drug enforcement official in the country.Two important studies were released in March from JAMA Internal Medicine that showed opioid prescription rates were significantly lower in areas where adult-use marijuana was legalized by the state. Additional studies from Minnesota and New Mexico support these claims. This is a significant finding, considering about 40 percent of opioid deaths involve prescriptions. Given his willful ignorance on the studies, perhaps it should not be too surprising that Patterson would revert to tired, unfounded rhetoric about cannabis contributing to drug abuse, rather than the other way around. He even pointed to marijuana deaths, without any data to back up the claim.

When it comes to the over-incarceration of marijuana users, Patterson acknowledged that he had heard the numbers but said he didn’t see it for himself. This, again, is alarming considering the statistics are coming from the FBI, which should hold some credence to a federal official whether or not he sees it for himself.

Our Orange County medical marijuana lawyers are glad to hear Patterson state that marijuana users are not a priority for DEA. The agency is rightfully more concerned about opioids and other deadly drugs that are causing much turmoil in the country. However, this passive stance is not really doing the country any favors either. Of course states appreciate being given the space and freedom to do what they believe to be right. They are also being strangled, however, by the federal Schedule I classification of cannabis under Controlled Substances Act, 21 U.S.C. Section 812 in many ways, such as banking and transporting prescriptions to other states. This is not to mention the many arrests still being made every year connected to cannabis, 800,000 arrests in 2016 alone. Whether those arrests are connected to DEA or not in inconsequential to the people whose lives are being ruined by archaic laws. We expect the agency whose entire job is understanding drugs and enforcing regulations to have a stronger grasp on the facts or, at the very least, show a vague awareness of emerging research and data. That’s why our legal team is on top of federal, state, and local laws, the latest case findings, and the most recent studies. If our officials are not going to take the time to stay current on these important matters, it is up to our trusted marijuana attorneys to protect you and your rights.

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:

DEA Chief’s Congressional Testimony About Legal Marijuana Angered Some, Baffled Many, May 18, 2018, Dispensaries.com guest writer, Entrepreneur

More Blog Entries:

Marijuana as a Replacement for Opioids, Dec. 6, 2017, Medical Marijuana Lawyers Blog

marijuana for research: University of Mississippi. This is in spite of a 2016 decision to allow DEA to approve medical marijuana manufacturers for research purposes and dozens of applications to join the pool, according to a McClatchy article. But a bipartisan bill aims to break down some of the barriers currently standing in the way of necessary and groundbreaking research. HR-5634 would force an increase in the number of registered manufacturers producing cannabis “for legitimate research purposes.”

It also would lift restrictions on medical practitioners at the Department of Veteran Affairs, who as of now must follow federal law and are therefore not allowed to recommend cannabis to any of their patients. If passed, the bill would open the door to federally approved clinical trials for veterans seeking help through the VA. This is a crucial next step in the fight for medical marijuana legalization nationwide. Veterans have long reported relief for post-traumatic stress disorder symptoms through cannabis, but if they seek treatment through VA medical professionals, they cannot access medical marijuana, even if they live in one of the 29 states that have legalized medical use. Even Washington, D.C., has approved medical marijuana, despite being the epicenter of restricting marijuana nationwide.Our Orange County medical marijuana lawyers know the passage of this bill is necessary for two reasons. First is Controlled Substances Act, 21 U.S.C. Section 812, which classifies marijuana as a Schedule I narcotic. So long as this federal classification stands, Congress and state governments will have to keep creating convoluted workarounds to protect cannabis production, testing, and use. A Schedule I status means it has been determined that cannabis has no medical benefits and is actually harmful and susceptible to causing additions. This determination, however, is rooted in political posturing and propaganda. Which brings us to reason two this bill is so necessary: Attorney General Jeff Sessions. Sessions has used his revered and respected title to uphold and reinforce archaic and backward logic about cannabis. This mentality had infected other federal agencies, such as the DEA and the VA, making it more difficult for them to fully engage in the progress the rest of the country is enjoying.

The ideal solution would be to declassify or change the classification of marijuana to fully free the nation from the shackles of marijuana prohibition. However, until that is possible, lawmakers are using whatever power they have to advance the cause. HR-5634 was introduced by Matt Gaetz (R-Fla.) and co-sponsored by a collection of 30 Republicans and Democrats in the House. One of those representatives is Luis Correa (D-Calif.), who recently authored another bill (HR-5520) that would further VA’s involvement in cannabis by tasking the group to research medical marijuana and its effect on chronic pain and PTSD.

Those who try to position cannabis as a partisan issue are still playing in to the misinformation that has been spread in the past. Both parties want what is best for the people of this nation, and rational minds can clearly see that opening the doors to more research and clinical trials is the only way to the safe and productive future of cannabis in the United States. We welcome these legislators in joining pro-cannabis advocates like our legal team in the fight for medical marijuana and for your rights.

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:

Legislation to Explicitly Authorize the Veterans Administration to Facilitate Medical Marijuana Research, NORML

More Blog Entries:

Want to Honor Veterans? Access to Medical Marijuana a Good Start, April 13, 2018, Orange County Medical Marijuana Lawyers Blog

treatments. University of Utah is planning a $740,000, two-year study on how marijuana affects the brain and why it affects some people differently. UC San Diego, meanwhile, received a cool $4.7 million to research the effects of cannabidiol (CBD) in the treatment of autism. The university said it is the largest private donation for medical cannabis research in U.S. history, according to KPBS.

Where the federal government has failed, The Ray and Tye Noorda Foundation is attempting to fill a need for more comprehensive medical cannabis research. The foundation says it donates sizable grants to projects it believes will help build a “world where all people enjoy equal opportunities to achieve health, purpose, and happiness.” Our medical marijuana attorneys certainly agree cannabis research fits the bill. Project subjects the foundation is funding also include chronic homelessness, economic advancement, housing and health initiatives, and re-entry into society after serving jail time, in addition to cannabis research. The study at the University of Utah will track the reaction of the psychoactive compound in cannabis (THC) with certain brain receptors in 40 adults, according to The Salt Lake Tribune. Finding the right balance of psychoactive and non-psychoactive compounds to produce the desired effect in the brain could be a major breakthrough for treating disorders such as PTSD and anxiety. UC San Diego’s research will stick to non-psychoactive CBD, which shows promise in helping autism patients adapt to brain abnormalities.

Because of marijuana’s status as a Schedule I narcotic according to the Controlled Substances Act, 21 U.S.C. Section 812, funding for medical marijuana research is more complicated than other types of medical treatments. Schedule I means a drug has been determined to have a “high potential for abuse,” “no currently acceptable medical use,” and there is a “lack of accepted safety” even with a doctor’s supervision. For drugs in which these qualities are true, it is understandable why federal agencies would have extremely strict standards for using the drugs in human testing. We would want the highest restrictions possible for medical testing involving other Schedule I narcotics, such as heroin and LSD. We all know cannabis is not in the same league as these highly dangerous drugs. Continuing to hide behind this classification as a reason to delay much needed medical testing is political posturing, pure and simple. To add insult to injury, the little bit of funding tagged for cannabis research often goes toward studying negative effects, like driving under the influence, or drug use prevention studies.

When the federal government is not fulfilling its obligation to the people, it is up to the people to stand up for themselves. Generous donors can help us progress with research and medical testing. Meanwhile, our skilled Orange County marijuana lawyers will protect your rights on the legal front. We have attorneys with extensive experience in both civil and criminal cases, so we can tackle a broad range of legal issues. We also can help cannabis businesses get started with business plans and licensing assistance. Our team is ready to help Southern California progress forward with hopes the rest of the country will follow.

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:

UC San Diego Receives Significant Medicinal Cannabis Research Donation, April 26, 2018, KPBS Public Broadcasting

More Blog Entries:

Research: Marijuana Possibly a Treatment for HIV, Nov. 20, 2017, Orange County Medical Marijuana Lawyers Blog

continue to disrupt that industry for the foreseeable future.

An investment firm industry analyst, who specializes in beverages, tobacco, and adult-use marijuana, recently shared data with CNBC, and she established a clear correlation between increased use of marijuana and decreased use of alcohol. She said in states where recreational marijuana use is legal, binge drinking rates have dropped “significantly.” She identified both as “social lubricants.” In other words, both are used by adults in social situations to help unwind, de-stress, have a good time, and feel relaxed with new people or in new environments.

In terms of stocks, the numbers are clear, as well. Her firm primarily valuates the Canadian market, with Canada on track to legalize adult-use marijuana nationwide by the end of summer. Several Canadian medical marijuana companies are seeing shares grow by up to 240 percent in the past year in anticipation. She said estimates from her firm put the U.S. cannabis industry as being worth $75 billion by 2030, assuming marijuana is removed as a Schedule I narcotic from the Controlled Substances Act, 21 U.S.C. Section 812.Our experienced Orange County marijuana business lawyers know that, for quite some time, there have been numbers to support the story of the benefits of medical marijuana. Thousands upon thousands of patients have found relief from cancer treatment symptoms, anxiety, post-traumatic stress symptoms, migraines, and more. This evidence has been compelling to many, but momentum on legalization has been slow. It’s been more than 20 years since California led the way in medical marijuana legalization with the Compassionate Use Act of 1996, and it’s just now we’re seeing the country really lean in favor of legalization. There are now 29 states (plus Washington, D.C.) that have legalized medical use.

The obvious health benefits, supported by the anecdotal evidence of a couple decades worth of patients, should have been enough to declassify cannabis a long time ago. Its Schedule I status indicates that the drug has no medical benefits, which is laughable when witnessing all those who have found relief under the supervision of their physicians. As we all know, though, money talks. Therefore, it’s no wonder that the numbers attached to dollar signs are the ones driving the most momentum in the cannabis legalization narrative today. The good news is, the potential for financial gain is plentiful for both medical and recreational, which means we could see more states supporting adult-use.

Even recreational use could have its health benefits if the analyst’s predictions are true. If people continue to choose cannabis over alcohol (where such a choice is legal) we could see fewer alcohol-related deaths. Because cannabis can be ingested in a variety of ways, there are choices that can limit exposure to health risks, unlike alcohol. According to data from the Centers for Disease Control and Prevention, 30,722 people died from causes induced by alcohol in 2014. This number only includes direct ways that alcohol affects the body and does not include accidents or homicides that took place while under the influence. While the comparison to cannabis is not precise, given the easy, long-term access to alcohol versus the abundant restrictions on marijuana nationwide, it’s still highly telling that there were zero marijuana-induced deaths that same year.

The benefits across the board are blatant, but if a strong bottom line is what it takes for the rest of the country to get on board with marijuana legalization, then so be it. No matter what the future holds, our team of attorneys will be here to protect your rights and assist you with all of your marijuana-related legal needs.

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:

We Took a Scientific Look at Whether Weed or Alcohol is Worse for You – And There Appears to Be a Winner, Feb. 20, 2018, By Erin Brodwin, Business Insider

More Blog Entries:

Cautious Optimism Surrounds Marijuana Business Stocks, Jan. 8, 2018, Orange County Marijuana Business Lawyers Blog

data than ever on its potential uses and benefits. With the stigma dissipating and access increased, people are more freely sharing their personal stories surrounding this life-changing plant. These anecdotes are important evidence in the fight to legalize marijuana nationwide.

A recent survey conducted by Sleep Cycle, an app designed to track your sleep cycle, has found that 14 percent of respondents used marijuana to help them sleep, according to Herb. The company surveyed about 1,000 of its application users on what methods they used to help them gets to sleep. Tea topped the list at 21 percent, melatonin came in second with 15 percent, and cannabis tied with milk and cookies at 14 percent.It should be noted that prescribed sleeping pills rested at the bottom of the list at 9 percent, an indication that people are eager for more natural remedies to their sleeping disorders, insomnia, or general sleep troubles. While tea certainly can do the trick, there is growing evidence marijuana can dig into more serious sleeping issues.

Some research has found the effects of cannabis on sleep to be two-fold. Cannabidiol (CBD) can have a soothing, therapeutic affect. Tetrahydrocannabidinol (THC) is reported to reduce REM sleep, thereby reducing the dream cycle. This is said to have significant benefits for those suffering from post-traumatic stress disorder as many may relive past traumas during nightmares.

Our skilled medical marijuana attorneys in Orange County know legalization at the federal level is critical not only to give more people access to the benefits of cannabis, but also to open the door to more comprehensive medical testing. The effectiveness of marijuana on certain sleep disorders is dependent on strain, balance of CBD to THC, and dosage. Doctors, however, are restrained by limited data on such matters as a result of Controlled Substances Act, 21 U.S.C. Section 812. Under this act, marijuana is classified as a Schedule I narcotic, putting it in a class of drugs considered to have no medical benefits, and therefore making medical marijuana testing prohibited at the federal level. Much of the information our doctors know is from foreign studies or their own direct work with patients. All the evidence is there to declassify marijuana if our representatives can put aside archaic ideology and political posturing.

We’re fortunate here in California to have more than 20 years of medical marijuana legalization, making our doctors some of the most experienced in the country when it comes to serving patients. Our team of lawyers also have amassed years of experience in this field and will use it to protect patients and the medical marijuana doctors and dispensaries that serve them. We hope the day comes soon when people all across the country will have the freedom to choose marijuana for PTSD or pain management or recreational use or for a good night’s sleep. Until that day comes, and beyond, you can rest easy knowing we are here fighting for you and your rights.

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:

Can You Use Cannabis to Restore Your Natural Sleep Cycle?, Feb. 20, 2018, By Sian Ferguson, Healthline

More Blog Entries:

Banker Seeks Promotion of Cannabis as New Chamomile, Feb. 24, 2017, Medical Marijuana Attorneys Blog

when those same veterans seek help ease the mental and physical pain they endure as a result of fighting for our freedoms, their pleas often fall on deaf ears. That’s why many veterans find themselves standing up and fighting once again, this time in a battle for their own lives in the ongoing war over medical marijuana.

A group of veterans in Louisiana has been on the front lines pushing for legalization of medical cannabis in the state. According to the Leesville Daily Leader, they want to help veterans who suffer from post-traumatic stress disorder as well as chronic pain that developed as a result of their service time. Even though these veterans know medical marijuana to be a safe and effective form of treatment for these issues, using it would make them a criminal in the country they risked their life to defend due to the Controlled Substances Act, 21 U.S.C. Section 812, which classifies marijuana as a Schedule I narcotic with no medical benefits. The group hopes to at least change the law in Louisiana so the state can join 29 others in legalizing marijuana. Furthermore, they also recognize that legalization would be beneficial to all residents, so they are putting their efforts behind cannabis education. The group knows legalization has become particularly critical for veterans right now as the opioid crisis is coming to a fever pitch. As the damaging effects of opioids are becoming more widely known, government officials are pressuring doctors to cut down on prescriptions. It is obviously important to limit these harmful and addictive drugs from the mainstream, but our experienced Orange County medical marijuana attorneys know it needs to be done in a responsible manner that benefits patients. At current, many veterans have been prescribed opioids for pain and PTSD and pulling them off the drugs cold turkey can be risky. Many veterans are also experiencing one of the other negatives of opioids: users are highly susceptible to resistance to the drug over time. This leads to veterans both addicted to opioids and also still suffering from the ailment that led them to the prescription in the first place. This is precisely why so many veterans are turning to marijuana, both to ease pain and also to help wean themselves off more harmful legally prescribed drugs.

In California, we are very fortunate to be the first state to legalize medical marijuana with the Compassionate Use Act of 1996. Even so, veterans in California cannot be recommended marijuana through a Veterans Affairs health care provider because they must abide by federal law. Patients must seek a recommendation through another physician. The VA Department has made it clear, though, that veterans will not be turned away for cannabis use. They are encouraged to discuss medical marijuana use with their VA doctor so the physician can consider it in a broader treatment plan. Regardless, it is outrageous that men and women who courageously served our country must jump through such hoops to receive the treatment they need. This is why our attorneys humbly stand next to these veterans to fight for their rights as they so bravely fought for ours.

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:

VA and Marijuana – What Veterans Need to Know, U.S. Department of Veterans Affairs

More Blog Entries:

American Legion Joins the Cannabis Cause to Improve Veterans’ Lives, Aug. 15, 2017, Medical Marijuana Legal Blog

catching up to what California and our trusted attorneys have known for a long time: That marijuana is a safe and effective treatment for many illnesses and ailments. So safe, in fact, that laws are expanding to open up marijuana for recreational consumption as well, with California implementing Proposition 64 Jan. 1. We are now one of 29 states that has some form of cannabis legalization.

But we also know the more things change, the more they stay the same.

High Times recently delved into the issue of medical schools and teaching about medical marijuana to students. One medical journal study last year showed that 90 percent of med students don’t learn anything about marijuana in medical school. Less than 10 percent of medical schools have any sort of medical marijuana curriculum. And roughly 25 percent of graduates wouldn’t even feel prepared to talk about cannabis as an option with a patient.

The findings are discouraging, but not surprising considering the stigma marijuana still holds on the federal level. As our Orange County medical marijuana attorneys can explain, it is difficult to conduct medical research studies involving cannabis when it is still labeled as a Schedule I narcotic under Controlled Substances Act, 21 U.S.C. Section 812. Thus, fewer schools are teaching how to use it as a treatment and the vicious cycle continues. So who has been prescribing medical marijuana all this time? Of course there are skilled physicians who have taken the time to study and research the benefits of medical cannabis and have written recommendations for a medical marijuana card. Writing a prescription directly is still not allowed because of marijuana’s federal classification, but state law allows a recommendation to be written for a medical card as a workaround. These doctors see patients with cancer, glaucoma, arthritis, epilepsy and more and know the substantial benefit the right form of marijuana can have on patients’ lives.

But with a lack of physicians comfortable discussing marijuana, it’s a not-very-well-kept secret that you can get a medical marijuana recommendation pretty easily from any number of medical cannabis pop-up shops. A few minutes telling the practitioner about what ails you, and you can be out the door with a recommendation. In the pre-recreational era, many were known to take advantage of such operations to obtain marijuana for personal use. Thankfully, the law is allowing people options to legally and safely get marijuana to consume under responsible, watchful regulations.

However, this still doesn’t help patients who really need marijuana for medical treatment. Sure they can access it easily enough. Even if they don’t want to fuss with a medical recommendation card, they can simply walk into any number of shops and find what they want. But that will only lead to more people self diagnosing and self medicating. There’s a difference between a drug being safe to consume and knowing the precise dosage and best method of consumption to treat your particular ailment. That is why our attorneys are calling for more training in schools to teach the next generation of medical professionals how to maximize the healing properties of cannabis and finally give it the recognition it deserves as a legitimate form of treatment.

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:

10 Diseases Where Medical Marijuana Could Have an Impact, April 16, 2015, By Jen Christensen, CNN

More Blog Entries:

Issues with Medical Marijuana Clinical Studies, Nov. 2, 2017, Medical Marijuana Lawyers Blog

children who benefit from it, there comes a question of who is really being protected.

Some children use cannabis oils, tinctures, capsules, creams, or liquids as treatment for medical issues with the recommendation and guidance of a physician. These treatments can offer relief to suffering that might otherwise prohibit the child from normal participation in school activities. However, the treatment itself has become a disruption: currently parents must remove children from school property before administering doctor recommended medical marijuana, according to a report from South San Francisco Patch.

Sen. Jerry Hill (D-Mateo) is hoping to put an end to this absurd practice with the introduction of SB-1127. The bill would allow governing bodies of school systems and charter schools to set their own policies, opening the door to allow medical marijuana use on school grounds for grades kindergarten through 12. It would still, of course, prohibit smoking or vaping, even if it is for medicinal purposes. The drug cannot be administered in a way that would be disruptive to the educational environment or that would expose other students. And storage of medical marijuana would not be permitted on school grounds.

The process would therefore still be a disruption for caregivers, who would need to come to the school to dole out the necessary dosage. Parents would still be required to manage and administer the drug without assistance from a school nurse or administrator. But at least children would not be ripped from their daily activities and dragged off school property, just to be used as a prop in some ridiculous point about marijuana.

It is important to teach minors about risks and why marijuana is regulated and should only be used recreationally by adults. But it is also true that cannabis is beneficial when used for children with special medical needs. Treating marijuana like radioactive material that can’t even be in the same building as the other children is only perpetuating the stigma of years past. We must arm the next generation with facts and understanding as well as protections and regulations.

It’s been more than two decades that medical marijuana has been available in California, with the Compassionate Use Act of 1996. And with Prop 64 recently going into effect, cannabis will be in the public consciousness more than ever. Children are going to have questions. Hauling their classmates off campus to responsibly and legally receive medical treatment is alarming and confusing, and will not be a deterrent to the other students who might be curious. Grandstanding and symbolic restrictions are no replacement for education.

Our medical marijuana lawyers in Orange County applaud any steps toward easier access of cannabis for patients and deconstructing myths and stigmas surrounding marijuana. This next generation will grow up in a world where marijuana is commonplace. But there is absolutely a time and a place for it. It is up to all of us to teach them responsibility, rather than rely on scare tactics so they can lead us all into a brighter future.

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:

CA Lawmaker Seeks to Allow Cannabis Medicine in Schools, Feb. 16, 2018, South San Francisco Patch

More Blog Entries:

Medical Marijuana for Children with Serious Medical Conditions, March 6, 2016, Medical Marijuana Lawyers Blog

bill that would prevent employers from discriminating against employees because they use cannabis for medical purposes was recently introduced by Assemblyman Rob Bonta (D-Oakland), according to The Cannifornian.

California was the first to legalize medical marijuana with the passing of the Compassionate Use Act of 1996. Yet it is trailing woefully behind in protecting workers. Currently 11 of the 29 states (plus Washington, D.C.) that have legalized medical cannabis already have laws in place to protect employees who have a physician’s recommendation to use marijuana to treat a condition.

Assembly Bill 2069, if passed, would establish long overdue employee protections by prohibiting employers from firing or not hiring “a qualified patient or person with an identification card” solely on the basis that they use marijuana for medical purposes or for testing positive for cannabis on a drug test.The state failed medical marijuana patients by not including employee protections in the original bill. They failed even further by not doing anything since then. This gap in the legislation has since left patients beholden to employers and political whims.

More than a decade after medical marijuana legalization, the California Supreme Court ruled against an Air Force veteran (and medical marijuana patient) who was fired, citing the lack of employee protections in state law. Legislators tried to overturn the ruling, but were vetoed by the governor, solidifying that rights rested with employers rather than employees who are simply following instructions of a medical care provider. Meanwhile, other prescribed medications are given a pass in the workplace, regardless of what effects they might have on the patient.

It should be noted that the bill does not offer protection if the employee is impaired while on duty as a result of cannabis use. The employer would be able to take corrective action or terminate the employee. It also does not force a business to employ someone who is unable to perform the essential duties of a job due to a condition (given that reasonable accommodations would be provided). This destroys any excuse someone might have to delay this necessary law.

The bill also emphasizes what our skilled Orange County medical marijuana lawyers have always known, which is that “no scientific evidence exists that medical cannabis users are substandard employees.” In fact, with cannabis use on the rise in California, employers will find themselves at a real disadvantage in attracting talent if they continue to maintain archaic drug testing standards.

The bill further points out that drug tests have not demonstrated an improvement in workplace safety. Cannabis is an especially ludicrous drug to test for, considering it can appear on a test days or weeks after use, making it impossible to identify when the use occurred.

Our trusted lawyers hope action will be taken swiftly on this matter. Californians have suffered too long, not knowing whether they could lose their job because of their medical treatment. No one should have to choose between taking care of their health and taking care of their livelihood.

Additional Resources:

California May End Workplace Discrimination Against Marijuana Users, Feb. 14, 2018, By Tim Kohut, High Times

More Blog Entries:

Employers Revisiting Policies on Marijuana, Jan. 1, 2018, Cannabis Law Group

harm, and … are continually threatened with additional harm” as a result of marijuana’s Schedule I classification under Controlled Substances Act, 21 U.S.C. Section 812.

Arguments recently began in U.S. District Court Southern District of New York for the lawsuit filed against Attorney General Jeff Sessions, Department of Justice, U.S. Drug Enforcement Agency and its director Chuck Rosenberg, and, to top it off, the United States of America.

Plaintiffs include a military veteran who uses cannabis for post-traumatic stress disorder, a former pro football player with a business that sells hemp-based products, representatives for two young children, each of whom suffer from severe medical issues, and Cannabis Cultural Association, a non-profit organization meant to help minorities benefit from the cannabis industry, according to an article from Associated Press. The lawsuit also outlines that, while not a class action, it would benefit tens of millions of Americans who depend on marijuana’s medical properties.The military veteran, who also operates a program with a goal of ending veteran suicide, said one of the biggest challenges is not being able to travel across state lines with medical marijuana, even if you’re going to a state where it is also legal.

The lawsuit says the Controlled Substance Act has “wrongfully and unconstitutionally criminalized” cannabis. Our experienced Orange County medical marijuana lawyers know that at the heart of this matter is the blatant fact that marijuana simply does not fit the criteria used to determine if a drug should be classified as Schedule I.

Here’s a rundown. According to DEA, Schedule I drugs are drugs with: a) no currently accepted medical use, and b) high potential for abuse. Our attorneys, as well as millions of Americans, know neither of these statements are true of marijuana. In addition, marijuana can be consumed and tested safely, another factor used to determine a drug’s standing. It’s laughable to think cannabis would have anything in common with other Schedule I drugs, like LSD or heroin. Worse yet, for years spineless government officials have hidden behind a lack of research as their excuse for the classification, even though the classification is the very thing that has prevented federally sanctioned research in the first place.

This same backward cyclical thinking continues with the current administration as Sessions insists he must enforce the law because it exists, refusing to look at modern research or the upswell of support throughout the country to consider whether the law should exist at all. Like a child with his fingers stuffed in his ears, Sessions can’t bear to hear the facts on marijuana and continues to sing the same old song about its so-called dangers, like something right out of Reefer Madness.

Our attorneys hope this case will challenge the status quo and get the ball rolling toward declassification of marijuana. While state laws and several patches at the federal level have allowed patients, recreational consumers, and businesses enjoy some freedoms, it is high time cannabis lose its Schedule I status so we can all move forward.

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:

Washington et al v. Sessions et al, July 24, 2017, U.S. District Court Southern District of New York

More Blog Entries:

Science Does Not Support Jeff Sessions’ War on Marijuana, July 5, 2017, Medical Marijuana Lawyers Blog