California is Sick and Tired of the Feds

Posted by Raza Lawrence on August 3, 2020

Through its commercial cannabis licensing system, the State of California stands diametrically opposed to the federal government, which criminalizes all production and sales of marijuana in the Controlled Substances Act. Under the Supremacy Clause of the US Constitution, federal law is the “supreme Law of the Land,” and thus takes priority over any conflicting state law. Accordingly, ever since California first legalized medical marijuana in 1996, it has had to watch out for the Drug Enforcement Administration and federal prosecutors, who have always been looming in the background, ready to possibly criminally prosecute, imprison, and seize the assets of anyone involved in the cannabis industry.

L.A. Cannabis Commission Update: 7/30/2020

Posted by Raza Lawrence on August 3, 2020

L.A. Cannabis Commission Set To Clarify PCN Process

Posted by Olivia Hartman on July 29, 2020

On Thursday, July 30th, at 2:00 pm, the Los Angeles Cannabis Regulation Commission

Department of Cannabis Regulation will be conducting a Special Meeting via Teleconference to continue the discussion on L.A. cannabis licensing updates. At the last City Council meeting, changes were made to the ordinance relating to the retail licensing process, the Social Equity Program, and moving licenses around the City. The details of those changes were reported on by our staff - check them out here. Some of the decisions that were made in the last meeting were found to be confusing by Los Angeles civilians - specifically in regards to the details of the revised Social Equity Program and Round 2 Licensing process, who will be able to participate in the Round 2 lottery, and how and when Round 1 applicants who secured properties in anticipation of a license will be able to get licensed. Some of these issues may be clarified after the meeting on Thursday.

DCR Amended Ordinance Summary - July 1, 2020 City Council Meeting

Posted by Allison Margolin on July 14, 2020


 

New Licensing Procedure for All License Types

● Phase 3 Round 2 for storefront retail licenses will be selected by a lottery opposed to the first come, first served selection process utilized during Phase 3 Round 1. Lottery winners will have a period of one year to find a business location in an area that has not met undue concentration.

2020: Sequel to Orwell’s 1984 - Surveillance State

Posted by Rob Uriostegui on July 5, 2020

 

“Until they became conscious they will never rebel, and until after they have rebelled they cannot become conscious… The Party seeks power entirely for its own sake. We are not interested in the good of others; we are interested solely in power, pure power.” Orwell’s 1984.

L.A. revamps rules for cannabis licensing, hoping to redress harm from war on drugs

Posted by Margolin & Lawrence on July 2, 2020

(Chris Pizzello / Associated Press)

Los Angeles is revamping its rules for handing out licenses to cannabis businesses, amid anger and disappointment over the tumultuous rollout of a program meant to address the damage done by criminalizing marijuana.

Cannabis Recommendations June 2020

Posted by Raza Lawrence on June 23, 2020


 

On June 16, 2020, the Los Angeles Department of Cannabis Regulation sent proposed ordinance amendments to the Los Angeles City Council regarding the licensing process for commercial cannabis businesses.  Many of these changes will be well received by the industry, but some of the DCR’s new recommendations would create additional problems for the cannabis industry in the City, and could have negative side effects exceeding any benefits.  These recommendations are based on our many years of experience representing clients in the cannabis industry and advocating for cannabis policy reform.

DCR Transmits Reports for Immediate Council Consideration

Posted by Allison Margolin on June 23, 2020


 

It is the Department’s position that immediate and comprehensive amendments are necessary for a more responsible and equitable Licensing and Social Equity Program. The Department of Cannabis Regulation is seeking to improve the administration of the City’s commercial cannabis Licensing and Social Equity Program through a proposed comprehensive reorganization and revision to Article 4, Chapter X of the Los Angeles Municipal Code (Cannabis Procedures Ordinance).

Budding In: The Law’s Intrusion on Branding inthe Cannabis Industry

Posted by Allison Margolin on June 22, 2020


By Allison B. Margolin, Raza Lawrence, and Xochilt Gama
Margolin & Lawrence
 
©2020. Published in Landslide , Vol. 12, No. 5, May/June 2020, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

On The Right to Get High

Posted by Allison Margolin on June 10, 2020


By Allison B. Margolin, Esq (Margolin & Lawrence)
Harvard Law School / Class of 2002
 

This paper argues that the criminalization of drugs, via the criteria the FDA [Food and Drug Administration] uses to put drugs into different schedules, is illegitimate on scientific and philosophical grounds. The most contemporary developments in the study of drug use and drug addiction, undermine the legitimacy of the FDA scheme (as embodied in the Controlled Substances Act of 1970); these developments suggest that addiction to a drug is a result, not a cause, of the psychological difficulties a person may be experiencing while using the drug(s).

Surviving the Virtual World and Real-Life Problems of Law Office Management after COVID-19

Posted by Allison Margolin on June 9, 2020

June 5, 2020

By Allison B. Margolin, Esq (Margolin & Lawrence)

with family law background supplied by my mom, ELYSE MARGOLIN, Esq. Founding Partner, Levin & Margolin.

 

Oh, wow, it is a strange time. It has been all year. Rough is an understatement. Like many, I share the seemingly oil-and-vinegar sentiments of being grateful and being frustrated. I’m grateful that I’m alive, that I’m working at all, and that I can work from home. Yet natural human social inclinations are being unnaturally inhibited.

Is it burglary or is it looting? A legal look at police force in the BLM protests

Posted by Olivia Hartman on June 3, 2020

June 3, 2020

By Olivia Hartman, Policy Analyst at Margolin & Lawrence
 

Current conversations on police use of force and brutality, otherwise known as retaliation measures, have been circulating among many social and political spheres. An essential part of participating in a protest movement is understanding the difference between looting and burglary, as it has been in previous discussions related to civil unrest. Both crimes consist of the same elements, and bear the same potential sentences, but are treated as two completely different crimes. 

“Dominate?” We Are in This Mess Because of Police Domination

Posted by Rob Uriostegui on June 3, 2020

June 3, 2020

By Rob Uriostegui ESQ
robu@margolinlawrence.com
 

On a conference call with governors, Trump used the word “dominate” on how to deal with the civil unrest throughout the country. ( https://www.cbsnews.com/news/trump-united-states-governors-weak-dominate-protest-civil-unrest/ ) This completely misses the point, lacks leadership, and is dangerous.

Marijuana Lawyers in California – And Who Should Hire Them

Posted by Margolin & Lawrence on May 18, 2020

May 18, 2020

Since California legalized recreational marijuana in 2016, the number of users and of cannabis-related businesses has risen – increasing the need for cannabis-savvy lawyers. While marijuana use, sale, and cultivation are legal in California (though still illegal at the federal level), regulations surrounding cannabis businesses are continually being updated and can vary considerably at the county or city level. When it comes to personal cannabis use and cultivation, many of the current laws leave room for interpretation, making a lawyer’s help invaluable if you find yourself facing a charge.

USDA Unveils Guidelines For Federal Loans To Hemp Business

Posted by Margolin & Lawrence on May 6, 2020

May 4, 2020

 

The U.S. Department of Agriculture (USDA) recently released guidelines for processing federal loans for the hemp industry.

California Cannabis Equity Grants Program Provides $30 Million in Grant Funding for Local Jurisdictions

Posted by Margolin & Lawrence on April 21, 2020

April 21, 2020

 

Today, the Governor’s Office of Business and Economic Development (GO-Biz), in partnership with the Bureau of Cannabis Control, announced $30 million in grant funding through the Cannabis Equity Grants Program for Local Jurisdictions.

Federal Emergency Rules Regarding COVID-19 (Federal Inmate Release)

Posted by Raza Lawrence on April 20, 2020

April 20, 2020

 

Two inmates at San Pedro’s Terminal Island federal prison have died of coronavirus, with 33 positive cases at the prison as of yesterday. Nationwide, 22 federal inmates have died od coronavirus. All federal inmates displaying signs of COVID-19 are being placed in isolation.

As Coronavirus Spreads Through Prisons, States Are Failing Incarcerated People

Posted by Margolin & Lawrence on April 20, 2020

April 18, 2020

On April 6, Illinois Gov. J.B. Pritzker signed an executive order allowing “medically vulnerable” incarcerated people to be temporarily released on medical furlough for the duration of the state’s disaster proclamation. Furloughs are typically temporary releases from prison, usually for no more than 14 days. Pritzker’s executive order extends the order indefinitely during the pandemic; it is unclear whether people will be expected to return to prison once the pandemic is past.

Los Angeles Prosecutors Discussed Loopholes In Coronavirus Zero-Bail Policy (Coronavirus)

Posted by Margolin & Lawrence on April 18, 2020

April 16, 2020: Los Angeles, CA

California and LA County lowered bail to $0 for several offenses to keep people out of jail during the pandemic. But internal emails show prosecutors discussing ways to apply the old bail amount in certain cases.

DCR Retail Store Front Application Process Explained

Posted by Margolin & Lawrence on April 2, 2020

Categories

This blog is not intended as legal advice and should not be taken as such. The possession, use, and/or sale of marijuana is illegal under federal law.