Cannabis Law: Advisors
CLIENTS, FRIENDS, AND AFFILIATIONS
When you are venturing into the realm of Cannabis business, it is critical to remember that Cannabis regulations are a world of blurred lines with ever changing rules and stiff penalties for violations. Let our experts mind the law so you can focus on your passion for the plant.
ADVOCATING FOR RIGHTS
There are many misconceptions about cannabis law. Under California law, cannabis is still generally illegal other than in limited circumstances. However, the voter-approved cannabis laws provide patients with an “affirmative defense,” essentially providing valid patients with immunity from prosecution while adults may legally possess and cultivate limited amounts for personal adult use. Federal law still considers marijuana a Schedule I controlled substance, with no medical use allowed.
RESPECTED INSIGHT AND EXPERIENCE
One of the most contested issues in California is the fact that police departments and law enforcement organizations, along with District Attorneys' Offices statewide, continue to take the position that marijuana activity is illegal and deserving of criminal prosecution. With the recent passage of Prop. 64, most marijuana offenses are now misdemeanors regardless of the quantity possessed or cultivated. Police officers have tremendous discretion when investigating cannabis activity and more often than not, individuals are not arrested but rather given citations to appear in court for possible misdemeanor charges.
This means that law enforcement can arrest you, and the District Attorney has the option to prosecute you. Once you are charged, it is up to you to present your defense and establish immunity under the law. We can help you do that. Additionally, we can communicate with law enforcement agents and prosecutors to prevent unnecessary prosecutions.
PROVIDING INFORMATIVE GUIDANCE FOR INDIVIDUALS
There are many misconceptions about cannabis laws. Under California law, adults can legally possess up to an ounce of cannabis flower and up to 8 grams of cannabis concentrate/extract. Medical patients in possession of a valid medical recommendation or State issued Medical Marijuana ID card may possess up to 8 ounces of cannabis but this only provides patients with an “affirmative defense,” essentially providing valid patients with immunity from prosecution which only becomes relevant in a criminal proceeding. Federal law still considers marijuana a Schedule I controlled substance, with no medical use allowed. Even if you have authorization from a physician for cannabis, you are still in violation of federal law pursuant to 21 USC § 841. Our firm is actively involved in advocating for changes to Federal policy and actively support California and National cannabis organizations.
CULTIVATING AND DISTRIBUTING CANNABIS
Federal law prohibits cultivating, distributing or selling cannabis regardless of the amount or circumstance. One of the most contested issues in California is the fact that police departments and law enforcement organizations, along with District Attorneys' Offices statewide, continue to take the position that the vast majority of all cannabis conduct is illegal until the individual proves it is not.
This means that law enforcement can and will arrest you, and the District Attorney has the option to prosecute you. Once you are charged, it is up to you to present your defense and establish immunity under the law. We can help you do that.
Additionally, if we are involved early enough in the process, we can communicate with law enforcement agents and prosecutors to prevent unnecessary prosecutions from proceeding forward.
If you have further questions, visit our FAQ page or speak with one of our cannabis law attorneys.
Cannabis Law: Business Formation
Shevin Law Group is at the forefront of the emerging cannabis industry, both medical and recreational. As a nationally recognized authority on marijuana laws, founder Eric D. Shevin has been representing individuals and groups in the cannabis industry for more than 25 years.
Work with a firm that has become a national authority on cannabis law. We’re proud to serve entrepreneurs throughout California and the country.
Our firm handles all legal aspects of establishing a cannabis business venture, including:
Business structure and formation
Local and state permits
Real estate matters
As your plans come to fruition, your needs may change. We offer comprehensive services to meet your evolving legal challenges.
As laws change, more individuals will have access to cannabis. The national demand for entrepreneurs in every aspect of cannabis related business is rapidly expanding. If you are beginning such a business, contact an experienced firm that stays at the forefront of the ever-changing cannabis legal landscape.
With the recent passage of laws allowing for state licensing for both medical and recreational cannabis, in addition to the push for the decriminalization of cannabis throughout the country, there are unique opportunities for entrepreneurs to start new businesses related to cannabis. To understand the regulatory process associated with this industry, however, you need an experienced lawyer. Speaking with one of our experienced cannabis business attorneys is a step in the right direction.
Cannabis Law: Licensing & Regulation
There are many new business opportunities in and around the expanding cannabis industry. In order to obtain a state license, a business must first obtain a local operating permit.
While many businesses have been operating in a gray area over the past decade, however not that all commercial cannabis activity requires state licensing, businesses are now 100% illegal if they don't operate according to the Medical Adult Use Cannabis Regulation and Safety Act ("MAUCRSA")
We can assist businesses in:
obtaining permits and licenses
Navigating the pitfalls and misunderstandings that lead to both civil and criminal penalties.
Identify business opportunities in and around the cannabis industry
Evaluate whether or not specific business opportunities are right for you
A GROWING LIST OF STATES WITH NEW LAWS
The number of states that allow marijuana for medical and recreational purposes is growing.
As of January 2018