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Cannabis Defense Practice

Only in its infancy, the legalization of medical and recreational cannabis will, according to all indications, led to the emergence of a new and vivacious multi-billion-dollar industry in many states. Those interested in doing business in the cannabis space must navigate complicated and evolving business and legal issues, particularly in light of the unpredictable impact and potential liability of the continued federal prohibition.

As of November 2016, California’s voting decision to legalize recreational marijuana usage has prompted many to seize this as a profitable opportunity to become a part of this newly-legal, budding industry. In California alone, the cannabis industry has been predicted by experts to be worth $6 billion by 2020.

Thus, it is important to secure representation from experienced and knowledgeable criminal defense attorneys in this emerging area of cannabis law in order to prevent criminal prosecution through covering a number of sectors including regulatory, immigration, possession, sale, private and corporate business, cultivation and health & safety among others.

With the 58 California Counties currently updating and establishing local policies regarding Cannabis retail, the Law Offices of Louis J. Shapiro assists clients in many aspects of the California Cannabis industry. While the climate of change within California is resulting in the implementation of new Medical Marijuana laws and Recreational Cannabis growth, it is important to be aware of how this change is going to affect you and we are dedicated to providing extensive knowledge of the nuances and potential issues of the Cannabis industry.

California Cannabis Defense

As Cannabis confusion continues to remain a problem following the outcome of the passing of Proposition 64, now more than ever is it important to seek legal representation in order to avoid prosecution.

Under California Law, medical marijuana still remains illegal while adults can legally possess up to an ounce of cannabis flower and up to 4 grams of cannabis extract.  However, the voter-approved marijuana laws 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 marijuana, you are still in violation of federal law pursuant to 21 USC § 841

Cannabis Defense Services

Following the June 15th, 2017 decision of the California Senate to pass  S.B. 94, the MACRSA, Cannabis businesses might now be allowed to co-locate with allowing medical and recreational activities to be licenses on the same property as long as separate licenses are obtained for these various activities.

  • Legal advising on corporate formation and the benefits and drawbacks of different entity structures.
  • Start-up operations consultation, formation, compliance and permitting.
  • Further information will be provided once California issues the applicable laws and regulations by January 2018.