widespread issue, particularly with more stringent testing regulations recently becoming mandatory. According to a report from Marijuana Business Daily, though, several testing labs have said there is little to be concerned about, especially as these regulations continue to balance out and become more integrated.

The testing labs noted first of all that the two instances of recalls, both in late July, were self-imposed by the companies who manufacture the product. Thousands of marijuana products have passed lab tests and have moved along to retailer shelves. The data from these tests is double checked by the Bureau of Cannabis Control to help ensure product that should have failed the tests does not make it into stores. For the most part, companies have been able to keep up with the new regulations, and the recalls were reportedly a precautionary move by those particular businesses. As understanding of all regulations continues to grow stronger, incidents of product testing failures will continue to decline.As our Riverside marijuana business lawyers can explain, new regulations came into play July 1 of this year which enforced more strict rules about childproof packaging, labeling of THC and CBD levels, and testing for pesticides. For the first half of the year, businesses were operating under a grace period allowed by Proposition 64 in which products simply had to disclose that they had not been tested or that levels were unknown. As it stands, the system requires distributors to have approval from labs before moving product from supplies to the retailers. Which means a recall would only likely occur if there was reason to believe the test results were not accurate. Recalls could, however, also be necessary if a distributor tried to skip this very important step.

All of this is not to say that products are not getting caught up in the testing system before they hits shelves. Bureau of Cannabis Control said 20 percent of products tested as of Aug. 6 failed. While testing labs have the precise equipment to gauge levels of THC and CDB in products, such as edibles, it is up to manufacturers to have percentages on the labels when they are sent to testing. If testers discover the percentage on the label is off by more than 10 percent or the percent on the label, the product is sent back and must be relabeled, adding a lot of extra time, resources, and expense to the production overhead. For example if a product says it is 20 percent CBD, there is a 2 percent margin of error allowed, because 2 is 10 percent of 20. Manufacturers are finding this math to be particularly nightmarish when it comes to labeling product with very low percentages. If a product is labeled as having .1 percent CBD, 10 percent of .1 allows for practically no margin of error at all. Essentially manufacturers must budget for double labeling, which is neither practical nor efficient.

There also are some issues among the testing labs themselves. Without an agreed upon set of standards by which all labs test, each lab could be testing product in different ways, potentially getting different results. Testing equipment manufacturers can offer guidance and their own set of best practices, but that does not help unify all labs under one methodology. Despite these frustrations, testing is a vital part of the marijuana production process. Our skilled attorneys can help prepare your business for what you need to know about remaining in compliance, monitoring your products, and developing relationships with labs you can trust so you can work to avoid product recalls of your own.

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:

California Cannabis Testing Highlights the Importance of Quality Control and Safe Processes, Aug. 14, 2018, CFN Media

More Blog Entries:

Medical Marijuana Recalled over Pesticide Use, May 4, 2016, Cannabis Law Group

throughout the state. Many are saying the rampant fires are some of the worst in the state’s history, and are particularly devastating considering it was just last year that 1.3 million acres were annihilated by fires. An article from Rolling Stone is reporting so far there are 16 major fires tearing mostly through Northern California, with more than 14,000 firefighters battling the blazes. Northern California, of course, is a region replete with cannabis farms, making these fires particularly devastating to the state’s recreational marijuana industry, still in its first year.

Two of the blazes, which combined are dubbed the Mendocino Complex Fire, are at the heart of cannabis country. The Mendocino Complex Fire has already been declared the largest in California’s history. The previous record was set just last year, and at that time it was estimated 30 to 40 percent of the cannabis growers in the state were affected by the wildfires. It is unknown how a second round of fires will impact the industry, but it certainly is not positive. Within the last few weeks, More than 283,000 acres have been destroyed, including at least five greenhouses and countless outdoor crops. To the northwest the Carr Fire has taken out more than 173,000 acres, including several buildings belonging to one of the leading growers in the state.The fires come on the heels of stringent regulations under Proposition 64 going into effect July 1. The new testing and labeling requirements have already created a shortage of product in dispensaries statewide, with some growers simply unable to meet pesticide safety standards. Other problems include immense bottlenecking of product at the limited available testing facilities and companies unable to bear the burden of costs associated with re-packaging and testing.

California’s wildfires can be added to a long list of reasons it is so crucial marijuana be legalized at the federal level, or at the very least be reclassified below its current status as a Schedule I narcotic under Controlled Substances Act, 21 U.S.C. Section 812. When natural disasters strike, whether it be fires in California, hurricanes in Florida, or flooding in the Midwest, we can rely on other states to support industries damaged as a result. However, the federal ban prevents interstate commerce in relation to the cannabis industry. So if California’s crop takes a hit, those in the marijuana business have no backup plan. Farmers also have extremely limited options when it comes to insurance, with most companies not willing to consider coverage, making these farms much more vulnerable than those that cultivate other types of crops.

Any disruption to one’s business can upset the balance owners have worked so hard to maintain. But major calamities can have much broader ramifications. It’s one of the many reasons we encourage business owners to seek guidance from our experienced marijuana business lawyers in Riverside when establishing their business and to take advantage of our consulting services as your business continues to grow. Our attorneys have both the business-savvy and deep understanding of cannabis laws and regulations that will help fortify your business with a strong foundation, making it more agile and prepared for unwanted surprises.

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

Additional Resources:

Marijuana Grows Destroyed By California Wildfires — But It’s Unclear How Many, Aug. 8, 2018, By Nadine Sebai, Capital Public Radio

More Blog Entries:

How California Marijuana Growers Are Rebuilding Their Businesses After Devastating Wildfires, Oct. 21, 2017, Cannabis Law Group

with a recent 4-3 vote that put a nail in the coffin for residents hoping to one day be able to legally purchase cannabis in their city. According to The Press-Enterprise, council’s decision effectively bans dispensaries, commercial cultivation, and any outdoor grow sites. Medical marijuana dispensaries were already banned by the city in 2007, and an intensive law enforcement strategy has kept illegal dispensaries at bay. Cannabis testing will, however, be permitted.

The tight vote is illustrative of how divided the city is over the issue. Riverside County was one that supported Proposition 64 by about 42,000 votes. Yet the county has banned cultivation, manufacturing, and retail, with individual cities also enforcing their own similar bans. When residents vote one way and their representatives vote in the opposite manner, it truly flies in the face of the will of the people. Try as they might, the city and county governments do not have the power to ban everything, though, no matter how many scare tactics they use to justify their agenda. Our Riverside marijuana business attorneys are familiar with all local, state, and federal laws regarding cannabis. As such, we can explain that Riverside is only permitted to ban certain marijuana activities under state law. Prop 64 stills allows adults 21 years and older to cultivate up to six plants indoors in a locked area of a private residence. They can process, possess, transport, or even give away limited quantities of cannabis (28.5 grams of marijuana or 8 grams of concentrates). Local governments can still implement regulations, but they cannot outright ban any of these activities.

City and local bans have created what are known as “pot deserts” throughout California, a term coined for areas that are 60 miles or more away from the nearest legal dispensary. Nearly 40 percent of the state falls into such a category. For those who perceive cannabis as a nuisance, this design is certainly intentional. Many, however, depend on cannabis to treat a variety of conditions, such as PTSD, Alzheimer’s Disease, as an alternative to opioids, and, yes, some people use it as a way to relax and have fun. Not everyone can grow the plant on their own, and some require it be processed in a specific way to best treat their condition. It’s a shame that the misconceptions of some are preventing so many from fully benefitting from statewide legalization.

All hope if not lost for Riverside residents, though. The county board of supervisors and planning commission are reviewing proposed regulations for cannabis commerce in the unincorporated communities in the county. If implemented, such provisions would potentially give Riverside residents easier access to dispensaries despite bans within city limits. Our legal team will be keeping a close watch on these developments with great anticipation. Our skilled marijuana business lawyers will be ready to help prepare local entrepreneurs for likely guideline they will be forced to adhere to, such as limitations on land size for cultivation, odor control, security, energy supplies, packaging, and a variety of regulations one might not even consider.

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:

Riverside County is Considering These Rules for Cannabis in Unincorporated Areas, April 9, 2018, By Jeff Horseman, The Press-Enterprise

More Blog Entries:

Unincorporated Areas of Riverside County Might Get Marijuana Businesses, March 31, 2018, Cannabis Law Group

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

granted a recreational marijuana license. In the past, the event was only a gathering of people who appreciated cannabis, with booths, activities, food, music, and marijuana-related products, but not the real deal. Now marijuana businesses and consumers alike can enjoy the thing they all have in common, allowing the community to share cannabis goods and knowledge on a new scale.

This is only the second event in the U.S. that allowed the sales and consumption of cannabis, according to a report from High Times, host of the event. The Central Valley Cannabis Cup in Sacramento in early May was the first event to receive such a license and was also hosted by High Times. While the first event was groundbreaking, in some ways it is the second event that is a sign of times to come. Attendees and marijuana businesses at the Central Valley Cannabis Cup proved that an event of this kind can be run safely and responsibly, making it possible for more events in the future. These gatherings can also have a major impact on local economies, bringing in tourists and vendors to the area. This is, of course, in addition to the publicity and money-making opportunities available to businesses inside the event.Though recreational marijuana is now legal in California, public consumption of marijuana is still banned. Under Medicinal and Adult-Use Cannabis Regulation and Safety Act Sec. 102, local jurisdictions may issue temporary licenses for events that wish to allow cannabis use and sales on site. To remain in compliance with MAUCRSA, attendees must be 21 or older, marijuana consumption cannot be visible from public spaces or from areas where there are people under the age of 21, and alcohol sales and consumption are not permitted on the premises. Tobacco use and sales are also forbidden on site. Attendees with proper identification may purchase up to one ounce, as afforded by Proposition 64.

While some of these rules might be overly precautious, it is a testament to how serious Californians are about responsible use. Marijuana advocates understand that cannabis can be both safe and enjoyable, while also requiring common sense regulations, just like alcohol. Most people are simply glad to be able to share in a product they are passionate about with like-minded individuals, particularly if they live in an area of the state that does not yet allow cannabis sales. High Times has been hosting Cannabis Cups for 30 years and said they hope to set up more events around the country.

Our Riverside marijuana business attorneys are excited for what events like this could mean for the future of cannabis. We appreciate seeing opportunities where our cannabis business clients can network, grow and succeed. The more people have seen what the community is really all about, the more it has become accepted. Since some stigmas around marijuana still exist, these gatherings also strengthen the cannabis community by creating a space where people can learn from each other. Our legal team has been helping cannabis businesses thrive for years, and can assist you with licensing, businesses plans, and compliance — including at conventions and other events.

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:

High Times to Host First-Ever Licensed Recreational Cannabis Event, May 2, 2018, By Sean Cooley, High Times

More Blog Entries:

California Department of Public Health Launches Education Campaign Ahead of Recreational Marijuana Sales, Oct. 19, 2017, Cannabis Law Group

On the flip side, we have San Bernardino. The city recently passed a regulation (Ordinance No. 1464 Section 5.10) that prevents any cannabis business that has “conducted commercial cannabis activity in the City of San Bernardino in violation of local and state law” from obtaining one of the 17 licenses available in the city.

One savvy business owner isn’t taking this move lying down, though. She is suing the city after officials in December raided and shut down a facility she owned and leased out to cannabis growers. They confiscated 35,000 marijuana plants, according to a report from High Times. And though the owner of the facility was never charged, she still falls under the current restrictions and is not qualified for one of the licenses, currently being given to other establishments who have the same intention as her: to run a facility for growing marijuana.Our knowledgeable Riverside marijuana business attorneys know the actions of officials in San Bernardino are in stark contrast to other areas of the state, which are actively trying to get unlicensed operations in compliance with state and local laws. Smart leaders know the best way to curb illegal activity is to make the path to compliance as smooth as possible. Legal sale and taxation of recreational marijuana went into effect in California Jan. 1, 2018, thanks t0 Proposition 64 and its follow-up bill, the Medicinal and Adult-Use Cannabis Regulation and Safety Act, which consolidated California recreational and medical marijuana laws. And since the beginning of legalization discussions, the state has made it clear that one of its goals was to make amends for suffering that has befallen people due to the bunk War on Drugs, particularly minority communities who were punished disproportionately for the same crimes committed in predominantly white communities.

Many cities are automatically expunging past misdemeanor records, and reducing harsher punishments, while others are educating people on their right to clear their name under the new law. Some have outreach programs meant to lift up communities hit hardest by drug arrests in the past, and some are making sure to give preferential treatment to license applicants with marijuana-related criminal history as a way to make a fresh start.

We hope this lawsuit will be a wake-up call to San Bernardino that the past is best left in the past and it is wise to move forward in good faith toward a brighter future where authorities and cannabis business owners can co-exist in a mutually beneficial, symbiotic relationship, instead of at each other’s throats.

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:

San Bernardino Adopts New Marijuana Regulations, Feb. 22, 2018, By Jim Steinberg, The Sun

More Blog Entries:

Two California Cities Erasing Misdemeanor Marijuana Convictions, Feb. 9, 2018, Cannabis Law Group