recreational marijuana retailers is way lower than the demand in California. For every 100,000 residents, there is less than one store available that sells adult-use product, according to recent data released by Marijuana Business Daily. Furthermore, most of those stores are crammed into a few select areas, due to the fact that Prop 64 allows local governments to opt out of allowing sales or cultivation, though they are not allowed to ban personal use. To be more precise, there are 482 cities in California, and to date, only 70 of those cities allow retailers to sell recreational marijuana.

Comparatively speaking, this puts California not only behind its own estimates for store fronts and sales figures, but also behind its peers. It’s been nine months since recreational marijuana sales began in the state. At the nine-month mark in Colorado, the state had awarded 242 licenses. Considering the state has a smaller population than California, this put the total at 4.3 stores per 100,000 residents. Now, Colorado has 10 times the amount of stores per capita, while Oregon currently has 15 times more recreational marijuana stores per person.There also is a disparity in shops readily available to each person, an imbalance created by areas like Bakersfield and Fresno. Each is a densely packed city that has banned cannabis sales. The combined 900,000 residents have to travel more than an hour to get access to legal recreational marijuana. Divided among the 70 cities that allow recreational sales are 358 licensed adult-use cannabis retailers. Three of those cities – San Francisco, Sacramento, and Los Angeles – are home to half of those retailers, even though they are composed of only 14 percent of the state’s population.

It’s a shame, particularly because the supply/demand issue has nothing to do with a lack of product. Plenty of cultivators are growing cannabis in California, especially to the north in the area known as the Emerald Triangle. This area is the largest marijuana growing region in the world. But without the stores to sell product, and the testing facilities to keep up with ensuring the cannabis meets regulations, there are massive issues with bottle-necking along the supply chain. Unfortunately, this has driven both product and customers to the black market simply because there is not a practical, legal way to fulfill market demand throughout the state.

Our experienced Los Angeles marijuana lawyers are optimistic these numbers will balance out over time, especially as more cities adapt to allow for sales. For example, Long Beach is now among those who have lifted their bans on marijuana sales, with recreational programs beginning Sept. 1. It does not mean, however, that the transition will be easy. Each city not only has the right to ban cannabis sales, but also has the freedom to establish their own sets of regulations if they do legalize. That is where the knowledge of our trusted legal team can offer tremendous value to your business. We have a thorough understanding of how to balance local and state laws to cover marijuana businesses as they establish themselves and into the 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:

Searchable Database: See How Cannabis Laws, Support Differ Among California Cities, Jan. 4, 2018, The Cannifornian

More Blog Entries:

Hashing Out Cannabis Supply Issues, June 13, 2018, Cannabis Law Group

than it does in California. According to Associated Press, the new law that recently went into effect did not include provisions for how to tax and regulate marijuana production. As our marijuana attorneys can explain, this means while residents can possess and consume cannabis, they cannot open up a business to sell recreational products.

Broken down into more precise terms, this is what adult-use legalization means for those in Vermont. Residents are allowed to have four immature cannabis plants and two mature plants in their homes, so while it’s true there are no stores to purchase from, marijuana can be grown at home. Plants must be in enclosures that are secure and obscured from public view. Renters, however, must have permission from their landlords before they are allowed to begin a grow. Those 21 years and older are allowed to possess up to one ounce of marijuana, but it cannot be consumed in public spaces.Aside from home grows and all their limitations, the only other options Vermont residents have is to procure marijuana by illicit means. This is not unlike the way medical marijuana started in Vermont. Medical marijuana was legalized in the state in 2004 with the passage of Senate Bill 76. This law offered protections to qualifying patients and their caregivers who possessed or cultivated marijuana. The move was more about making sure that people who needed cannabis for health reasons were not treated like criminals, rather than giving them a concrete way to access and distribute cannabis products. As anyone in the medical marijuana industry knows, this is problematic because it limits the ways patients can consume marijuana and is a really imprecise way to attain proper strains and dosages to treat specific symptoms. It wasn’t until 2011 that the infrastructure really began to take shape when Senate Bill 17 allowed four state-licensed nonprofit organizations to dispense medical marijuana.

Vermont is also unusual in that it is the first state to legalize recreational marijuana through legislation rather than a ballot measure. In 2015, legislators attempted to push bills through that would establish a regulated system for recreational cannabis sales, but could not get any traction. A few attempts to legalize possession hit walls in 2017. Finally in early 2018, a possession, use, and cultivation bill passed. Once again, the intention of the state is clear: officials know people are already using marijuana recreationally, and so long as they follow guidelines, there’s no reason they should not be allowed to carry on.

Our Los Angeles recreational marijuana lawyers hope this new law paves the way for a more official adult-use marketplace to be established in Vermont in the near future. Most states have already come to realize the medical benefits of cannabis. The more states recognize cannabis as a benign recreational alternative to already socially acceptable products like alcohol and cigarettes, the quicker we can move forward together as a country. Right now marijuana businesses in California are still stifled by federal laws. The sooner we all unite on this issue, the more opportunities we will have to expand cannabis business ventures nationwide.

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 Medical Marijuana Laws & Regulations, Americans for Safe Access

More Blog Entries:

Vermont Governor Signs Recreational Marijuana into Law, Feb. 1, 2018, Marijuana Law Blog

would be difficult to tell. Thanks to some data analysis compiled by The Sacramento Bee, we can clearly see how local regulations have shaped the pot landscape in the state as a whole and how it is affecting people who live in more remote areas of California.

The report defined some regions of California as being “pot deserts” – areas where residents have to travel 60 miles or more to access legal marijuana at a licensed dispensary. An additional 29 percent have to drive 30 to 60 miles to the closest location. This disparity in cannabis access stems from the clause in Proposition 64 that allows local governments to establish their own set of recreational marijuana regulations or to ban sales altogether. While a majority of residents in the state clearly favor adult-use marijuana based on the 2016 vote, there is seemingly a desire among many districts to leave the actual growing, producing, and selling of the drug to other cities … cities far away from their own.From our years of experience, our Riverside recreational marijuana attorneys can say with certainty that much of this sentiment is rooted in outdated, outmoded, propaganda-riddled perspectives on marijuana. There’s a paranoia that expanding marijuana legalization in their towns will invite sketchy characters and create a seedy underbelly in their idyllic neighborhoods. Alas, by pumping the brakes on progress, they could be inviting the very thing they were afraid of right into their hometowns. Demand for marijuana, both medical and commercial, is increasing statewide as people learn more about it. By not providing a legal, regulated outlet for these people to access, local governments are making their communities vulnerable to black market sellers who very much still have a foothold in the state. The big cities are filling up with plenty of legal options for consumers to choose from, which could drive black market sellers to take advantage of these under-served pot deserts.

State Senator Ricardo Lara (D-Bell Gardens) recently introduced bill SB 1302 to try to allow delivery services to bring cannabis to these areas, giving a more practical option for patients who depend on medical marijuana as well as adult recreational users. The bill if passed into law would “prohibit a local jurisdiction from preventing delivery of cannabis or cannabis products on public roads, or to an address that is located within the jurisdictional boundaries of that local jurisdiction” so long as those involved in the delivery were in compliance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act. Push-back from local governments is imminent, as well as overcoming the challenge of an extreme shortage of state-licensed delivery operations.

Our lawyers know the keystone to marijuana legalization is safe, affordable, and easy access to regulated cannabis. Any roadblocks give black market sellers room to grow, making it more difficult for licensed businesses to stay competitive. We hope state and local officials can quickly come to a compromise that allows cities to retain control, but also connects all of the voters of California with the marijuana they helped legalize. Perhaps in the process, those who are still in the dark about the benefits of marijuana will learn it’s not so bad after all.

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:

How Local Control is Creating Access Deserts in California, April 7, 2018, By Greg Zeman, Cannabis Now

More Blog Entries:

City-Level Marijuana Laws: Making Us Safer or Blocking Access?, March 13, 2017, Cannabis Law Group

when they make a purchase. When Proposition 64 went into effect Jan. 1, adult-use marijuana became legal in the state, with local governments able to set up their own regulations or bans. But there are currently loopholes that threaten the privacy of customers.

Assembly Bill 2402 seeks to tighten those loopholes. Assemblyman Evan Low (D-Silicon Valley) introduced the bill, which would prevent cannabis retailers from selling customer information to third parties. It would also protect customer information from employers looking to investigate employee use, according to Capital Public Radio. It mirrors similar rules that are currently in place for medical marijuana users.

Because you must be 21 or older to purchase cannabis in California, dispensaries require a valid ID to prove your age. Though it is not mandatory, some dispensaries will keep a record of the information on file. Some use this information for marketing purposes. Many also keep such records in order to monitor how much someone is purchasing in a day, according to Politifact. This could be necessary if a business needed to prove they are in compliance with state law, which caps individual recreational marijuana sales to one ounce per day.For deliveries, personal information is kept on file as record that the person receiving the delivery is 21 or older. And dispensaries are required under licensing regulations to videotape each transaction.

This bill would tighten up what businesses are and are not allowed to do with private information. Our lawyers know this would be a victory for customers and recreational marijuana businesses alike. The more comfortable people are, the more they will feel good about purchasing marijuana, and the more the industry will thrive. While we believe there’s no reason for marijuana users to feel they need to hide, a stigma still exists, and people deserve to be able to enjoy this legal and safe activity while keeping their privacy intact.

However, the bill will not protect customers from federal officials. Because marijuana is still considered a Schedule I narcotic under Controlled Substances Act, 21 U.S.C. Section 812, federal authorities would still have the right to confiscate customer information. Most don’t believe the federal government has the interest or the resources to go after individual users, though. While we hope this is true, it really demonstrates the importance of reclassifying marijuana, which we know has no reason to be listed among the likes of dangerous drugs, like heroin.

If you are a cannabis business owner, it’s important you be aware of best practices for handling the private information of customer, while also keeping in compliance with state and local laws. Our trusted Los Angeles recreational marijuana attorneys have the experience and know-how to advise you through this sometimes confusing process.

We also are there to protect the interest of marijuana users. There are still those who are clinging to outdated ideas about cannabis who will use their power to try to stop progress. We have both criminal and civil attorneys prepared to stand up for you and your rights should you encounter trouble.

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 Would Boost Privacy For California Marijuana Customers, Feb. 19, 2018, Chris Nichols, Capital Public Radio

More Blog Entries:

California Now Accepting Recreational Marijuana Business License Applications, Dec. 12, 2017, Cannabis Law Group

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

In response to this, a number of Sessions’ fellow Republicans – including Colorado Attorney General Cynthia Coffman – are urging Sessions to reconsider.

Specifically, Coffman told The Denver Post she extended an invitation to Sessions to come to Colorado and see how the state has managed and regulated its recreational marijuana industry. Coffman’s invitation was reportedly extended in a meeting with some of Session’s top staffers in Washington D.C. Coffman noted that Colorado is a good place for Sessions to start any inquiry on the matter, as Colorado is the state with the longest history of recreational marijuana in the country.

Coffman had been attending a meeting for the National Association of Attorneys General, for whom Sessions gave a speech indicating his firm believe that drugs are at the core of criminal activity. He further voiced his fierce opposition to marijuana legalization, and voiced skepticism that “marijuana sold at every corner grocery store” makes us a healthier, better country.

Still, Coffman reported Sessions’ staffers did express interest in coming to Colorado and reviewing the regulatory framework for recreational marijuana. She said his comments appeared to be broad policy statements, absent any specific plans for how he would address legalized marijuana in his new role.

The remarks offered by Sessions weren’t much different than what was revealed by White House Pres Secretary Sean Spicer days earlier, when he told reporters the Department of Justice is likely to bolster enforcement of federal anti-marijuana laws, even in states that have legalized the drug.

Coffman opined the Trump administration hasn’t determined yet an exact approach, or whether they will do anything starkly different from the Obama administration. She said the sense she gets at this juncture is that legal marijuana may be left alone in states where it is legal, but that federal government agents will be dogged about ensuring the substance doesn’t cross state lines.

The U.S. Drug Enforcement Administration has made halting the flow of black market marijuana from Colorado to other states a top priority over the last two years. The agency has partnered with local law enforcement agencies to halt marijuana grow operations – mostly in residential homes – that exist for the purpose of providing supply for out-of-state distributors. The DEA has launched numerous investigations, served search warrants and seized large amounts of marijuana.

The Colorado attorney general said that if conflicts arise between the federal government and the state on the issue of recreational marijuana laws, she plans to uphold state laws. However, our cannabis lawyers understand she did warn there could be situations in which her office would not have the authority to intervene. For example, if there were cases that involved specific businesses or individual marijuana users, action would likely be under the federal government’s purview. That would mean the state wouldn’t have standing to be a plaintiff or even a party in certain cases.

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

Additional Resources:

Colorado AG invites Jeff Sessions to come visit a recreational marijuana state and “see what we have done”, March 1, 2017, By Jesse Paul, The Denver Post

More Blog Entries:

Sessions Focus on Cannabis Appears to be on Cartels, March 6, 2017, L.A. Cannabis Lawyer Blog