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

brewery in northern California called Lagunitas is doing just that with a line of sparkling waters it plans to sell in dispensaries. Drinks with cannabis are not common, but the brewery was able to achieve what other marijuana businesses have been afraid to tackle thanks to some creative thinking and close consideration of the law.

As our cannabis attorneys can explain, many in the beverage industry have been nervous to dabble in cannabis drinks out of concern for Controlled Substances Act, 21 U.S.C. Section 812. Because the law bans marijuana and lists it as a Schedule I narcotic, brewers worry that crossing the federal government could put their alcohol licenses at risk, even if they are abiding by state laws. That’s where ingenuity, creative problem solving and help from a knowledgeable legal team can help.Most California cannabis business owners will tell you it’s a delicate dance they must perform in order to run a business that is appealing to customers, profitable, and follows all ordinances and regulations. The most successful have worked state and local laws into their business plans right from the beginning, giving them a strong foundation to build on. Lagunitas, for example, was very conscious of any ways federal law could conflict with their licenses, so they decided to brew the water and hops flavoring at its own facility, then ship the water to another company to be infused with THC and CBD, according to an article from The Press Democrat.

The hops will give the sparkling water a beer-like quality to emulate an alcohol/cannabis experience without actually mixing the two entities. Two versions of the water will be available: one with 10 mg of THC and a milder formula with 5 mg of THC and 5 mg of CBD, the non-psychoactive element in cannabis. Previously the brewery had made a name for itself in creating beers with cannabis flavorings, so this new foray into cannabis beverages with beer flavorings was a natural next step.

For some business owners, marijuana laws are too overwhelming or difficult to navigate. Some will go out of their way to avoid learning about legal matters that will affect their business plans or will bury their heads in the sand and hope that ignorance will save them in the end. Still others might just hope the punishment is minor enough that it won’t matter if they miss a regulation or two. Our experienced Riverside marijuana business attorneys can tell you without a doubt that all of these paths are extremely naïve and dangerous. Ignoring regulations or breaking the law, even accidentally, can damage your reputation, hurt your bottom line, and potentially cause you to lose your business for good. A smart business plan, though, can go a long way, and enlisting the help of skilled cannabis attorneys is the surest way to create a plan that integrates all necessary laws and guidelines. We are here to clarify California and regional laws and explain how they affect your business, leaving you the freedom to focus on the creative solutions your business needs to succeed.

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:

Lagunitas Breaks from Ber, Announces ‘IPA-Inspired’ Hopped Sparkling Water Infused with THC, June 26, 2018, By Alysse Pereira, SFGate

More Blog Entries:

Marijuana Sales are Reducing Alcohol Sales, Dec. 8, 2017, Riverside Marijuana Lawyers 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

recreational marijuana businesses beginning Jan. 1, 2018.

Authority rests with local governments to decide whether to allow recreational marijuana sales to go into effect in their area, giving them power to either issue bans or develop policies for businesses to operate.

The Long Beach City Council is the latest to join the movement. The council recently voted to move ahead with developing policies for recreational marijuana businesses to operate in Long Beach. According to an article from the Long Beach Press Telegram, Long Beach has more than 100 pending applications for a wide range of marijuana businesses. Two of an allotted 32 dispensaries have opened so far in the area, in Rose Park and Belmont Shore.

In November 2016, the same time Prop. 64 passed, Long Beach repealed its medical marijuana ban in the city, as citizens voted in favor of Measure MM. Since then, the city has been ironing out the details of medical marijuana regulations and policies. Some of the council members objected to moving forward with recreational marijuana policies until the all of the issues with medical marijuana implementation had been settled.

The measure, however, passed. Supporters cited a desire for the city to have more control over implementation than they did with medical marijuana. After securing a medical cannabis dispensaries ban in the city, citizens and the industry took control with a ballot measure, and the city no longer had as much say.

The process for Long Beach creating regulations for commercial recreational businesses will not make the Jan. 1 rollout across the state. In the meantime, a 180-day temporary ban will be put in place until city council can vote on final regulations. Of course, nothing is final, and it is still possible the city will ultimately not continue forward with plans to allow businesses to establish there.

Among considerations during this time will be how many dispensaries will be permitted, where they will allow businesses to be located, conditions for approval, and labor provisions. Council is considering keeping the cap on dispensaries at 32 total and encouraging medical and adult-use dispensaries to operate jointly.

Other cities nearby have held firmly to their respective bans on commercial marijuana businesses. Some of those cities include Downey, Lakewood, and Cerritos. Carson has OK’d marijuana testing, growing, and manufacturing, as well as door-to-door delivery and personal use cultivation with restrictions, and limited indoor commercial operations, but still rejected commercial dispensaries in city limits.

Bellflower has approved up to a dozen licenses for cultivators, processors, and dispensaries, and has started taking applications.

Long Beach council members will be looking closely at regulations around the state as they make decisions on how to best craft policy for the city. And our Los Angeles recreational marijuana business lawyers are keeping an eye on all the latest developments in cities across the region. If you’re considering opening a cannabis business, whether it be commercial or medical, our attorneys can help you properly file business license applications and navigate local laws from city to city, while also keeping in mind state and federal regulations.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734. Additional Resources: Long Beach wants to allow recreational cannabis businesses in 2018, Nov. 15, 2017, by Courtney Tompkins, Long Beach Press Telegram

Other Blog Entries:

Long Beach Wins Battle to Ban Medical Marijuana Dispensaries, July, 29, 2016, Cannabis Law Group

We do know the American public overwhelmingly supports legalizing recreational marijuana, and many lawmakers are eyeing it as a way to rake in millions of dollars in taxes that can be used for the greater good. As of today, we have a total of eight states – including California – that have legalized cannabis for recreational use. There was hope when Trump took office that, at the very least, Obama’s “hands-off” policy would continue, given Trump’s stated support for state’s rights. But then, he appointed Sen. Jeff Sessions (R-Ala.) to the post of U.S. Attorney General. Sessions has long been a vocal critic of recreational marijuana. On top of that, some in the Trump administration have warned that legal recreational marijuana could be the target of federal enforcement action, as the drug still remains outlawed under federal statutes.

All of this has left us with a great deal of uncertainty moving forward. It’s really not clear to marijuana businesses or even our marijuana lawyers what move the federal government and legislators may take next. While Republicans tend to be less favorable toward recreational marijuana on the whole, the issue is not split solely down party lines and a lot of Republicans support it.

The marijuana movement began in California some 20 years ago. Back in 1996, voters in California overwhelmingly passed Proposition 215, which was the start of legalizing marijuana for medicinal use. Since that time, 27 other states plus the District of Colombia have approved widely varying laws that legalize marijuana as medicine.

Despite the federal government’s stubborn classification of the drug as a Schedule I narcotic, there is ample evidence that marijuana can be of great medicinal value. A report released earlier this year by the National Academies of Sciences, Engineering and Medicine revealed substantial and conclusive proof that marijuana is effective in treating chronic pain, multiple sclerosis and nausea induced by chemotherapy.

Congress did pass a bill three years ago that prohibits the Department of Justice from using public money to pursue state-regulated medical marijuana programs – and that provision is still in place. However, what is not protected is recreational use and sales.

As of right now, eight states – including California – have legalized the cultivation, sale and possession of marijuana for people over 21. Those states with programs up-and-running are bringing in big dollars as a result. For example in Washington State, officials reported net profits of $256 million.

Trump likes big business and he’s not a fan of regulation. He said prior to the election he personally views it as a matter for the states to decide. But his attorney general despises marijuana, and has even called into question the morality of anyone who uses it. His White House Press Secretary compared marijuana users to opioid addicts.

So now, a number of state leaders are asking the government for further guidance on the issue. As of right now, most banks still won’t work with marijuana businesses, for fear of being accused of money laundering. Meanwhile, there are still more states that are hoping to legalize marijuana. What that will look like and the ultimate success of marijuana businesses involved will depend on how this administration decides to proceed.

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

Additional Resources:

What is the future of recreational marijuana in Trump’s America? March 7, 2017, By Kurtis Lee, The Los Angeles Times

More Blog Entries:

Report: Most Banks Still Reticent About Reefer, Feb. 26, 2017, Marijuana Lawyer Blog