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

The Napa Planning Commission recently endorsed reducing the distance a cannabis business can set up shop to 600 feet from a school or place where children congregate, and even recommended easing up on that rule in instances where a natural barrier would prevent direct access, such as a waterway, according to Napa Valley Register.

For many people, change can be a very scary thing. Often, though, such fears are rooted in lack of education and the feeling of losing control. Once we see new ideas in action, we sometimes wonder why it took us so long to change in the first place, and realize we wouldn’t want things to go back. We see the effects of this sentiment throughout California. Since the passing of Proposition 64, there has been a great deal of caution on the part of cities to slow down change as much as possible. Prop 64 and the follow-up Medicinal and Adult-Use Cannabis Regulation and Safety Act very thoughtfully laid out guidelines that would allow marijuana businesses to begin sales of recreational cannabis, and, in the case of MAUCRSA, brought medical marijuana sales under the same umbrella of rules. These guidelines painstakingly established regulations that would encourage cannabis businesses to operate legally while easing fears of residents.Still, many municipalities were not appeased by the state guidelines and felt it necessary to set their own rules. Some banned sales and distribution of adult-use cannabis altogether. Others burdened businesses with added restrictions that were nearly impossible to work around. Such is the case in Napa, where city leaders originally prohibited marijuana businesses from opening shop less than 1,000 feet from a park, youth center, or school. This is 400 feet more than MAUCRSA Sec. 38 requires of licensed operations. While the decision was made with good intentions in mind, city officials learned quickly how wide an area 1,000 feet really is and how inhibitive it was to establishing a business. They also learned barriers, such as highways and the swampy area of the Napa River known as the Asylum Slough are preventative enough in keeping children away from cannabis businesses without an exact distance being enforced.

So far, two applications for marijuana businesses have been accepted by city leaders, but a third is pending, with this change in city law necessary in order to move forward. City Council would still need to vote on the planning commission’s recommendation. Our California marijuana business lawyers in Riverside are hopeful, though, for a positive outcome considering council members were the ones who tasked city officials to examine the possibility of shifting to the state minimum distance from youth centers. We are excited to see cities ease up on restrictions and recognize that everyone wants what is best for the city, its children, and its economic growth.

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:

Would-be Cannabis Sellers Seek Looser Boundaries in Napa, March 5, 2018, By Howard Yune, Napa Valley Register

More Blog Entries:

Students Who Need Medical Marijuana Deserve Easier Access, Feb. 28, 2018, Marijuana Business 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

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

banning) marijuana businesses, growing operations, home cultivation, testing, sales, manufacturing and distribution. That same divide is reflected in the Riverside County Board of Supervisors in how to handle regulations in unincorporated parts of the county. But it looks like after a recent vote, the board will be moving forward on its own with those regulations, while also forgoing a tax ballot initiative in November, according to an article from The Press-Enterprise.

As our marijuana attorneys can explain, even though Proposition 64 passed in November 2016, and adult-use sales were permitted beginning Jan. 1, 2018, it did not mean an automatic free-for-all everywhere in California. The Medicinal and Adult-Use Cannabis Regulation and Safety Act was voted into place by state legislators in June 2017 to streamline the existing Compassionate Use Act of 1996 with the incoming recreational marijuana laws. MAUCRSA Section 18-26032(a)(2) outlines that the actions of marijuana businesses “are not unlawful under state law” so long as they are “permitted pursuant to local authorization, license, or permit issued by the local jurisdiction, if any.”Though this system allows local governments to retain control and make what they believe to be the best choices for their jurisdiction, it’s also leading to a lot of confusion among residents and business owners. Not to mention it leaves the door open for the continued propagation of myths and stereotypes about the marijuana industry to take root in these well-meaning but often misguided city-by-city debates. The confusion is heightened for what to do about the unincorporated areas that do not fall under the jurisdiction of a city, which is where county officials step in.

In Riverside County, cultivation has been illegal in the unincorporated areas under Ordinance No. 925, which passed the Board of Supervisors more than a year before Prop 64 went up for a vote. The ordinance allowed some exceptions for medical marijuana, with a limit of 12 plants that must be kept on the property of a qualified patient or their primary caregiver. But the recent decision by the board paves a path to set up regulations to negate the ordinance. One board member said this route made more sense than putting the measure up for a county-wide vote since the unincorporated areas contain only 379,000 of the 2.4 million residents in Riverside County. The board is opting instead to work directly with developers to set up agreements, including working out payments to pay for added law enforcement.

Our Riverside marijuana business lawyers find it refreshing to see decisive action being taken, especially since the possibility of legalized cultivation has been in the works for some time. An ad-hoc committee was established back in August of last year to start creating a regulatory structure for a pot economy in the county. We hope to see the county put some business-conscious rules in place that encourage a robust and legal marketplace sooner rather than later.

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 Regulations in Focus at Riverside Supervisors Meeting, March 19, 2018, KESQ3 News

More Blog Entries:

Riverside County Sheriff Still Cracking Down on Marijuana Grow Operations, May 11, 2015, Cannabis Law Group

business. They are open to paying taxes and following the rules. However, they are facing many barriers to achieving this end goal while operating a successful business – one of the biggest being the law itself.

This message was delivered loud and clear at a recent meeting in Ukiah, Calif., which included government officials and Northern California marijuana industry leaders in the first gathering of its kind, according to The Press Democrat.

The Sonoma County agriculture commissioner used this forum to address the seemingly endless patchwork mix of state and local regulations to which marijuana businesses must adhere and how detrimental they have been to established cultivators who want to operate legally under Proposition 64. Known as the Adult Use of Marijuana Act, Prop 64 went into effect earlier this year and allows adult-use marijuana legal in the state – but only for counties and cities whose leaders chose to adopt the law. Local governments have the right to continue to ban adult-use marijuana and to regulate it as they see fit.

Our experienced Riverside cannabis business attorneys know hyper-local regulations on top of the state regulations have become an onerous obstacle for smaller business owners. As such, the rules inherently favor larger corporations, which have the infrastructure and capital to adapt to the ever-growing list of guidelines and laws. Farmers at the meeting shared anecdotes of mega-operations nabbing licenses in bulk, while smaller cultivators struggle to meet the requirements to obtain one. Big corporations have been taking advantage of a loophole in state regulations that capped the size of an operation per license, but did not limit how many licenses one owner can obtain. And now the state is opening the doors to large-scale farms, something that was supposed to be restricted until 2023, making it even easier for big business to take root.

These stifling policies are having effects throughout the supply chain as well. Without more licensed cultivators, there is not enough inventory to go to distributors, dispensaries, and retailers.

Part of the problem, participants said, is that many of the rules have been made to appease those who fear cannabis. They are looking to leaders to help dispel the myths that have kept marijuana underground for far too long. Of course some rules are necessary, but others are only meant to soothe the apprehension of those who don’t want to trust the evidence right under their noses. We need to limit regulations to those that actually help the environment, communities, employees, and the safety of consumers, rather than those that are based on fairytales.

Until that time, our knowledgeable team of attorneys can help you understand current laws and regulations and decipher what you need and don’t need to get your business in compliance. We streamline the process so you can focus on what you do best: running a great cannabis business that serves the people of California. We want to see your business succeed and can equip you with the tools to put you on the right path.

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:

Smaller Pot Growers in State Feel Stifled, March 1, 2018, Julie Johnson, The Press Democrat

More Blog Entries:

Small Marijuana Farmers Take State to Court, Feb. 7, 2018, L.A. Marijuana Lawyer Blog

number of marijuana businesses, University of California San Francisco says the answer is right under our noses.

According to a study by the university published in the Journal of Psychoactive Drugs, regulators need look no further than the tobacco industry for inspiration to create best practices for adult-use marijuana. By using what the tobacco industry has learned by trial and error over the years, the marijuana industry can avoid early mistakes and take a proactive approach.

Examples in the study include implementing clear labeling with conspicuous warning labels, avoiding marketing that appeals to minors, and restricting product potency.While our Riverside marijuana business lawyers know there is much to be learned from the tobacco industry, we also know cannabis does not have the same health risks as tobacco, no matter how many officials want to skew the facts. The World Health Organization released a study in 1995 claiming that even with increased use, marijuana would not have the same negative health effects of tobacco or even alcohol, each of which can cause deadly diseases with repeated use. No such findings have been connected to marijuana. And a 1999 study by the National Academy of Sciences showed only 9 percent of marijuana users developed a dependency on the drug versus a whopping 32 percent of tobacco users (even more than heroin users in the study).

Therefore, labeling and marketing akin to tobacco would not only be sufficient, but would go above and beyond. Tobacco also does not have the health benefits of marijuana, though those properties would fall under medical marijuana guidelines rather than recreational.

UCSF analyzed edibles, concentrates, tinctures, and other products in comparison to tobacco control. Other recommendations from the study in regards to packaging include graphic warnings with rotating messages to deter minors and educate adults, reducing or eliminating logos or branding, avoiding packaging that mimics non-marijuana products (candies, cookies, etc…). For the cannabis products themselves, the study recommends not adding flavors to nonedible marijuana products, examining potential health risks of certain formulations and prohibiting high-risk products, and banning additives that would encourage addictiveness.

One of the paper’s authors addressed the current six-point warning labels for marijuana products. He encouraged a more overt approach, stating that the current labels are hard to read and could lead to trouble for the industry down the road. He also said public health needs to be considered first and foremost.

In the meantime, while regulations and rules evolve and settle, marijuana businesses can derive their own inspiration from these studies and previous regulated industries. By studying these industries and looking at history, businesses can begin to prepare themselves for regulations and best practices that could become mandatory down the road. Our experienced lawyers offer business consultations on how to set up your business with consideration for things like branding and legal compliance. We also will be there to help your business continue to thrive as the industry and laws continue to change.

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:

What Science Says About Marijuana, July 30, 2014, By Philip M. Boffey, New York Times

More Blog Entries:

CDC: Death from Marijuana Cookie Prompts Need for Warning Labels, July 24, 2015, Cannabis Law Group