What are the New Laws on Medical Marijuana?
How can I get a license? How much longer are collectives permitted?What are the BRAND NEW rules on medical marijuana and when will they take effect? 2018 according to the Governor’s signing statement. Till then is the collective defense still sound? Yes in fact the collective defense will extend to 2019 if licenses start in 2018. How to Open a Medical Marijuana Collective? How to transition to the new rules on Medical Marijuana Growing? Do the laws allow Delivery of Medical Marijuana? How to preserve Trademarks for Marijuana? What is the significance of Obama’s latest pronouncements on the inevitable path towards federal legalization? These are typical legal questions that bring people to our law office seeking the benefit of 30 years of experience, meeting with court qualified expert in support of the 420 defense, attorney Stewart Richlin. Mr. Richlin is a civil rights lawyer, someone with broad experience in representing plaintiffs as to their civil rights, with expert knowledge of the court system, and in particular nine years, full time, in protecting the rights of medical marijuana patients in California.
We are literally pioneers in this area of law, at your service. Our office is right near downtown Los Angeles at 316 S Coronado St. Los Angeles, CA 90057. We see clients by appointment only.
One on One Consultation, Corporate Kit. Call now to Book an appointment for your Super Intensive Consultation on 420 Law in Los Angeles near downtown. The idea is for you to have sufficient information on Federal State and Local law to evaluate your decisions for your health care and that of your patients, as well as to adapt to the future legalization and licensing conditions.
Call now to book your appointment, and begin your personal graduate level education one on one with a court qualified expert lawyer on this exciting topic, someone who can definitively answer your questions; the initial consultation is $500. Those who have first had the $500 consult can add the $1000 do it yourself corporate kit which comes with 1 1/2 hours of Mr. Richlin’s time as you go through the steps of perfecting your state compliant nonprofit corporation. Mr. Richlin has represented over 500 collectives, and the great news is that nonprofit patient groups later may transition to for-profit licenses according to the new law. in the meantime the non profit corporation remains the entity to qualify for local licenses and the defense. Since 266, the new law says that the collective defense will remain until 1 year past the first license issue date (according the Governor’s signing statement that will be 2018), so likely the collective defense will remain the only game in town through 2019…
Litigation, Expert Services. If you have a marijuana business or interest that has been discriminated against, we can sue your City or County to protect medical marijuana rights in Superior court, and/or in administrative proceedings. Mr. Richlin is currently in litigation with the City of Los Angeles on behalf of the patients of about 30 patient groups. In the past our office obtained a court ordered partial preliminary injunction against the City of Los Angeles after lengthy hearings, for over 10 collectives. Mr. Richlin also provides Expert Witness services to support the medical marijuana defense. Call today for your appointment, we are standing by for you.
Here are some frequently asked questions:
What kind of entity or business form is required by California law? When the new licensing laws are fully implemented, probably 2018, then corporations and even publicly traded companies can run medical marijuana businesses. However for the time being and until one year past the first license issue date, the California Attorney General’s Guidelines clearly set forth that the only entity that can raise a defense for growing, transporting and distributing medical marijuana for its member patients or perform other social services including educational services regarding marijuana growing, etc., is a properly formed and operated California non-profit organization. Due to various considerations, the Collective emerges as the best entity to create by and through a nonprofit corporation. In our meeting we analyze the Individual, Caregiver, Collective/Cooperative defenses; dispensaries, deliveries, and grows. The new rules allow individuals to grow a space of 10′ by 10′ each, for their own use provided their local city so permits. Caregivers may grow for 5 or 500 square feet, subject to local rules. To make an appointment to discuss and analyze your legal rights as a patient, How to Start a Collective, what are the federal, state, and local ramifications, etc., call now, 888-420-LAW-1 or 323-540-4420. The initial consultation is $500 and it is described further here (press for link).
How do the collectives Educate patients about medical marijuana, Distribute, Grow and Transport Medical Marijuana pursuant to State law, and can they do so despite the federal felony, 5 year and $250,000 fine for each sale less than 100 lbs. which remains on the books?? State law makes it very clear: Until licenses are issued ONLY A PROPER NONPROFIT collective may perform these activities, and Federal law maintains the felony penalties: a total conflict of law and mind fuck! However, a properly formed and operated collective should have a perfectly good State law defense under the medcal marijuana laws until 2019…….
But What about Federal law? See our Law Comic: you will see that the collective members of this State are actually civil-disobedience heroes like Ghandi and Martin Luther King for caring for their patient members notwithstanding the heavy federal penalties. But all is not lost for medical marijuana patients at the federal level: Attorney General Holder has essentially announced the policy of the Federal government will be to make enforcement of federal law a low priority in deference to State law as to individual patients, and their caregivers, provided State law is perfectly adhered-to. Nonetheless, Federal Law still holds cultivation and sales to be felonies, and the federal government is committed to enforcing the controlled substances act. The Cole Memorandum (June, 2011) gives further guidance as do the youtube searchable speeches of the attorney general as the war on medical marijuana has unwound. Another interesting example is that the current budget of the DEA disallows funds to interfere with California’s medical marijuana law.
Can your office help us get licenses / establish a collective? You will be informed and empowered with all forms and documents necessary to establish a collective and with information on the required government filings, and counsel and analysis of the new licensing rules and procedures. Our office can give you unlimited information pursuant to the first amendment of the US Constitution and the Federal case of Conant v Walters.
Under State law, individuals, caregivers, and collectives, and then under the new law, corporations may raise the medical marijuana defense for their cultivation, transportation, distribution of marijuana as well as provide educational activities, counseling and social services. However, even a perfectly set forth state collective defense will not eliminate the possibility of federal prosecution, as Federal courts will not permit the medical marijuana defense. To make an appointment to discuss and analyze your legal rights as a patient, How to Start a Collective, what are the federal, state, and local ramifications, etc., call now, 888-420-LAW-1 or 323-540-4420. The initial consultation is $500 and it is described further here (press for link).
Stewart Richlin, Esq. has been an attorney for 25 years and has worked in several A/V rated law firms. Having attended UCLA and Southwestern University School of Law, Stew received his Juris Doctorate degree in 1985 with an award for outstanding scholarship in Real Estate. Compare and demand qualified legal services. When evaluating professionals, avoid an attorney who wants to become your partner, one who uses unlicensed runners or cappers, or who makes unusual or unprofessional promises that no ethical lawyer could keep.
Mr. Richlin has counseled thousands on Medical Marijuana Law, has victoriously represented dispensaries in Superior Court, in administrative and legislative hearings, and most recently succeeded in briefing and arguing significant portions of a recent successful injunction application in Los Angeles. During the Bush administration, Mr. Richlin successfully defended 100% of about twenty 420 evictions based on the federal forfeiture threat letters of 2007, including to and through trial and judgment for the defense in Los Angeles Superior Court. During 2010 Mr. Richlin entered into litigation versus the City of Los Angeles, significantly participated in the oral arguments and written briefs and obtained a partial preliminary injunction, which caused the City to rewrite a more equitable ordinance. Most recently, Mr. Richlin has had lots of success thanks to the juries, as an expert witness (check out that page), and the office has taken on the task of litigating Proposition D on behalf of about thrity collectives together with collaborating counsel. Thank you for giving us the opportunity to be of service. Especially as to What are the New Laws on Medical Marijuana? How can I get a license? How much longer are collectives permitted?
Our practice focuses on civil law, not criminal, and Mr. Richlin practices specifically and exclusively throughout all of the territory and all of the State and Federal courts in the State of California.
You are welcome to contact our office. Routine calls are welcome during office hours, 10:20 – 4:20 M-F or call anytime and leave a message. Remember, that our office cannot be responsible for handling your matter(s) until and unless we are hired and paid pursuant to a written retainer agreement. This site is not intended to create an attorney client relationship. No such relationship exists until and unless we are hired and paid pursuant to a written retainer agreement. This site contains general information, not necessarily applicable to your particular case. Be sure to consult and hire only licensed medical, financial and legal professionals. Please don’t contact us thru email or fax, the only sure way to communicate is by phone when you actually speak with a live person, so call our office for your needs at the above numbers! To make an appointment to discuss and analyze your legal rights as a patient, How to Start a Collective, what are the federal, state, and local ramifications, etc., call now, 888-420-LAW-1 or 323-540-4420. The initial consultation is $500 and it is described further here (press for link).
Our office is right near downtown Los Angeles at 316 S Coronado St. Los Angeles, CA 90057.
Disclaimer: our office can not take active steps on your behalf just render legal counsel; additionally, we will not participate in any part of the medical marijuana law that facilitates commercial marijuana growing or selling operations, and we will not facilitate nor assist in any way in any activity, that facilitates, normalizes, standardizes, expedites, or assists in the establishment of facilities set up for the commercial growing and selling of marijuana until not just State but also Federal law so allows. Remember, only legitimate activity by patients with legitimate needs will successfully be able to raise the defense of medical marijuana under State and Local law, gangsters, opportunists, money launderers will not and are not welcome as our clients.