Seal and Destroy Arrest Records in California Under New Law! by Ben Reccius

Relief for individuals arrested for crimes (but not charged) in California is here! Under the California Arrest Records Equity Act (CARE Act, SB 393 ) passed October 12, 2017, a court must seal and destroy records of arrest where the arrest did not result in the individual being convicted of a crime including where the charges are dismissed or where the prosecution does not file charges. The CARE Act is a huge step forward for the rights of criminal defendants and Due Process of law! Contact Reccius Law today to see how we can help clean up your criminal record!

Click here to read the full text of the law.

Reccius Law on the Daily Zeitgeist Podcast Discussing the Rescission of the Cole Memo by Ben Reccius

On January 4, Reccius Law general partner and founder Benjamin Reccius was a guest on the popular podcast The Daily Zeitgeist were he discussed US Attorney General Jeff Session's decision to rescind the Cole Memo--a document which had previously provided protection to state-legal medical cannabis businesses.  Click HERE and jump to minute 22 to hear the interview!  

 

Yet Another Government Study Shows Declining Marijuana Use Among Kids by Ben Reccius

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Absurd attempts to conflate marijuana use with the deadly opioid crisis continue despite yet more conclusive government research showing declining youth use rates in the wake of cannabis legalization and emerging recreational cannabis markets. The National Institute on Drug Abuse at the National Institutes of Health published the longitudinal study which tracked 5 generations (1975-2016) of adolescent drug use across a number of variables. Monitoring the Future, National Survey Results on Drug Use, 2016 Overview: Key Findings on Adolescent Drug Use. http://www.monitoringthefuture.org//pubs/monographs/mtf-overview2016.pdf.

Authors of the study say that the waning marijuana use rates among kids are likely tied to decreased accessibility. As such, the data suggest that the non-diversion and public safety concerns at the heart of most all cannabis legislation are being addressed by effectively restricting sales to individuals 21 and older or persons 18 or older who have a valid doctor’s recommendation

A closer look at the numbers reveals a more nuanced picture where only 8th graders saw a significant reduction in cannabis use rates (down 2.4% to 9.4%).  9th and 10th grader use saw a dip as well (down 1.5%), but not beyond chance variation.  12th graders, some of whom are 18 and can access medical cannabis, remained virtually unchanged over recent years (non-significant 0.7% rise).  At the very least, this and other recent studies on youth drug use are compelling data that cannabis legalization did not facilitate any significant spike in underage use.

These results portend an even greater uphill battle for prohibitionists who have increasingly relied on the “what about the children” argument to stifle cannabis legalization and economic activity. However, in the “alternative facts” era where opinions are confused for “evidence”, the prohibitionists will surely find some way to torture the data into contradicting this clear, downward trend in youth marijuana consumption.  Regardless, the prohibitionists’ nightmare, worst-case scenario, at least for now, is not only unfounded but completely discredited by the substantial body of data on drug use and kids. If anything, the Study provides considerable support to the legalization movement because it shows that kids are not picking up cannabis—as some might fear—like cigarettes or alcohol.  Parents, therefore, should be more concerned with novel trends like vaping e-juice for which there is little evidence and significant possible health concerns.  Surely, there are products out there that are harmful to children; cannabis, it appears, just isn’t one of them….

California Weed Czar Lori Ajax Says That State Cannabis License Application Will Be Available Online Before January; Temporary Permits Available Even Sooner. by Ben Reccius

Earlier this month, KQED interviewed California Weed Czar Lori Ajax about the impending state license applications and regulation of cannabis. Click the following to download and listen to the interview:

KQED Interview w/ Lori Ajax (September 8, 2017)

One of the more noteworthy moments came when Ajax said that they are aiming to have an application online before January.  Ajax agreed that this is an "aggressive" timeline for cannabis licensing and regulation in California, but seemed upbeat and confident in its promises.  To be clear--as of the date of this blog post, there are no state licenses.  The only government authorization for marijuana is at the local levels where counties and cities across California are passing ordinances allowing for, in some locals, banning all commercial cannabis activity entirely.

Then, just a few days later, Ajax announced a temporary state licensing program for marijuana businesses during her keynote address before the California Cannabis Business Conference in Anaheim.  While application requirements appear to be minimal, they are issued with the caeviat that temporary license holders may deal in cannabis and cannabis products only with temporary license holders. Click the following to read more about it in MJBusiness Daily:

MJBusiness Daily, "California Plans to Issue Temporary Marijuana Business Licenses" (September 21, 2017)

California City (Kern County) and Port Hueneme (Ventura) are among some of the more recent additions.  Fees and requirements vary so each local's application must be carefully evaluated to properly budget time and money.  Click on the following below to see the ordinances and associated local commercial cannabis business permit and local Conditional Use Permit can be found by clicking on the following:

California City Ordinance, California City Application

Port Hueneme Ordinance, Port Hueneme Application

The long and the short of it is that now is the time to get your local authorization.  Without a local permit or other authorization you are ineligible for a state license (temporary or permanent) so this first step toward full compliance is happening now!