what would a lawyer that wants to fight weed laws study

What kind of lawyer specializes in marijuana law?

Marijuana law, like entertainment law, is an amalgamation of other practice areas, including business law, administrative law, intellectual property, criminal law, employment law and tax law. I would advise that any attorney targeting the cannabis industry should start with a firm foundation in business law.

How to become a successful cannabis attorney?

To excel in this industry, a cannabis attorney should become politically active. Your city government, state government, city attorneys, and police authorities are actively forming their cannabis policy. With the right approach, they may be quite receptive and work with you to get the laws and enforcement right.

What is the law on marijuana use?

use of marijuana is a violation of federal law, under which even minor possession is an offense. 35 Since the 1930s, the federal government has pursued aggressive enforcement of marijuana laws almost without exception. 36 The Controlled Substances Act, enacted in 1970, treats marijuana as a

What did the drafters learn from other states about marijuana regulation?

Control, Regulate and Tax Adult Use of Marijuana Act § 3(b) (2016 Cal. Legis. Serve. Prop. 64). 198 Id. § 3(e). This is one of the lessons that the drafters learned from the experience in other states. Keegan Hamilton,

Why should weed be legalized?

One motivation for legalization is the economic benefits that can come from the regulated commercial availability of marijuana. Increased tax revenues, job growth, and investment opportunities all are powerful incentives to push for legalization.

What are the negative effects of legalizing weed?

Critics argue that legalization spurs marijuana and other drug or alcohol use, increases crime, diminishes traffic safety, harms public health, and lowers teen educational achievement.

How many states have decriminalized weed?

Decriminalization. Twenty-seven states and the District of Columbia have decriminalized small amounts of marijuana. This generally means certain small, personal-consumption amounts are a civil or local infraction, not a state crime (or are a lowest misdemeanor with no possibility of jail time).

Who decriminalized weed?

The vote was 220 to 204. Republicans Tom McClintock of California, Brian Mast and Matt Gaetz, both of Florida, joined the majority of Democrats in supporting the bill, while Democrats Henry Cuellar of Texas and Chris Pappas of New Hampshire voted against.

What are the pros and cons of legalizing weed?

Legalized marijuana creates steep costs for society and taxpayers that far outweigh its tax revenues. Legalizing marijuana increases use by teens, with harmful results. Traffic accidents and deaths increase when marijuana is legalized. Marijuana is addictive, and dependence on the drug will increase with legalization.

How legalizing weed can hurt the economy?

The report also found that taxing pot at rates comparable to those levied on tobacco and alcohol could raise $6.2 billion annually. That's a total of $13.9 billion in savings and income.

Does decriminalized mean legal?

Decriminalization is the act of removing criminal sanctions against an act, article, or behavior. Decriminalization of cannabis means it would remain illegal, but the legal system would not prosecute a person for possession under a specified amount.

Is weed legal?

Yes, cannabis is legal in Alberta, but: only if you're 18+ only purchased from licensed cannabis retailers or legal websites – visit Cannabis licensee search for a complete listing of retailers. 30 grams is the most you can buy or carry at a time.

What is decriminalization vs legalization?

Legalization means that a once-banned drug is made legal, under federal or state law. Decriminalization means that a once-banned drug is still prohibited by law, but the legal system will no longer prosecute or criminalize a person for carrying under a certain amount.

Is weed legal federally?

While your states' laws may allow you to use marijuana for medicinal purposes, federal law does not. As of April 2022, marijuana is legal for recreational use in 18 states and legal for medical use in 37 states. California paved the way, becoming the first state to legalize medical marijuana in 1996.

Does legalization Increase Use?

Recreational Cannabis Legalization Leads to Higher Use in Some Demographics. The U.S. is seeing an increased use of cannabis resulting from its legalization for recreational purposes, according to a study conducted at Columbia University Mailman School of Public Health.

What crimes should be decriminalized?

Examples of subject matter which have been the subject of changing views on criminality over time in various societies and countries include:abortion.breastfeeding in public.drug possession, and recreational drug use.euthanasia.gambling.homosexuality.polygamy.prostitution.More items...

What is marijuana law?

Marijuana law, like entertainment law, is an amalgamation of other practice areas, including business law, administrative law, intellectual property, criminal law, employment law and tax law. I would advise that any attorney targeting the cannabis industry should start with a firm foundation in business law.

How important is it to choose a marijuana kingpin?

It is very important that you choose your clients with care. Do not be afraid to send them to your competitors. Many of the most experienced people in marijuana are long-time criminals. All are criminals under federal law. Most often, veteran marijuana kingpins are rather docile. However, some of the people knocking on your door may be more dangerous and prone to shady dealing. Even organized crime is trying to get into the action. You will be working closely with the marijuana regulatory bodies and it is best to maintain your credibility for yourself and your clients.

Why do law firms refuse to serve clients?

While this nascent industry is growing at a pace unparalleled since the dot-com era, many large law firms refuse to service the clientele because the federal government considers marijuana to be a Schedule 1 drug, as defined by the Controlled Substances Act of 1970. State v.

How many states have legalized medical marijuana?

Medical marijuana is legal in 23 states at the time this article was published. The international community is following suit, with an increasing number of nations decriminalizing or outright legalizing cannabis. Colorado now brings in more tax dollars from marijuana than from liquor.

Why is understanding the law not enough?

The laws and regulations will change quickly and be applied incons istently as the governing bodies learn and adapt to the subject matter. As a result, understanding of the law is not enough to best serve your clients.

Is marijuana law a mine?

Marijuana law is a fantastic but mine-filled practice area. If you are looking for something different, where you can help forge the laws, culture, and trajectory of an entire industry, there is nothing like it. Nothing is boilerplate and everything requires creative thinking. There is no place I would rather be.

Who is Neil Juneja?

Neil Juneja is a registered patent attorney and is the founder of Gleam Law, a cannabis-focused law firm with offices in Seattle and Oregon. He can be reached at Neil@GleamLaw.com.

What can a marijuana lawyer do?

A marijuana lawyer can help you to prepare and file the necessary documents to legally establish a business or corporation. Your lawyer also may be able to assist you with structuring your business so that it operates in a way that facilitates your goals.

How to protect your marijuana business?

Generally, this is done by filing the appropriate legal documents with the U.S. Patent and Trademark Office. Your marijuana lawyer can do this for you while also advising you on the best methods to safeguard your intellectual property.

What is a business agreement for marijuana?

Business agreements must be written in a way that is clear and enforceable, meaning that they must follow certain legal and financial guidelines. Your marijuana lawyer can help to draft a business agreement in a way that protects you and your business while also ensuring that it does not violate any laws or expose you to liability. ...

How many states have legalized cannabis?

The cannabis industry is one of the fastest growing sectors in the country. Forty-seven states have legalized cannabis in at least some form—as CBD oil or for medical or recreational use—and it may only be a matter of time before marijuana is legal nationwide. With the unyielding demand for the drug, coupled with recent changes in the law, ...

What happens if you are out of compliance with the marijuana law?

If you are found to be out of compliance, then you may be at risk of losing your license and potentially your entire business. A marijuana lawyer will notify you of any changes in the law and help to ensure that you remain in compliance.

Can a lawyer represent you on taxes?

In the event that a tax issue does arise, your lawyer may be able to represent you in getting it resolved. Your attorney might even be able to help you to structure your business in a way that reduces your overall tax burden.

Is marijuana taxed?

As you may assume, the proceeds from the sale or production of marijuana typically are taxed to generate revenue for the state. There are laws in place that indicate how taxes are to be calculated and assessed on cannabis-related products and services.

What is the ABA conference on cannabis?

Recently, I traveled to Chicago to speak at a conference hosted by the American Bar Association (“ABA”) titled From Regs to Riches: Navigating the Rapidly Emerging Fields of Cannabis and Hemp Law. The Conference covered a broad range of cannabis topics including the tension between state and federal law on marijuana, navigating the licensing and start-up processes in a state that has just gone legal, advising clients in the hemp and hemp-derived CBD space, intellectual property issues, insurance coverage for marijuana businesses, the burgeoning global market for cannabis trade, and ethical issues a marijuana lawyer must consider. As you probably guessed from that title, that last point is going to be the focus of this post.

What are the rules of professional conduct?

Though no two states Ethics are exactly alike, most states follow the ABA’s Model Rules of Professional Conduct in drafting their own rules. Model Rule 1.2 (d) states the following: A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss ...

Can you drink marijuana while on the job?

If you do decide to consume marijuana, either for recreational or medical purposes, make sure that you are not intoxicated while on the job as that could have devastating results for both you and your client. If you consume after hours, pay attention to how your body reacts during working hours.

How does legalizing marijuana help the drug trade?

Recent research has shown that legalizing marijuana reduces violence and trafficking associated with the illegal drug trade thereby reducing the power and wealth of cartels and drug gangs. On top of reducing drug related crime, legalizing marijuana has shown to be a meaningful avenue of raising tax revenue.

Why is Biden reluctant to legalize marijuana?

Instead, Biden argues that legalization should be determined by the states. His reluctance seems to be due to his belief that marijuana is a gateway drug. However, research ( Jorgensen; Cleveland and Wiebe; Van Gundy and Rebellon) has consistently shown that Biden’s belief is misguided.

How many arrests were made for possession of marijuana in 2018?

Marijuana prohibition is costly. In 2018, there were more than 663,000 marijuana-related arrests made in the United States. More than 608,000 of those arrests were for marijuana possession only. This means that law enforcement is primarily arresting recreational cannabis users, not dealers.

Why is marijuana prohibition bad?

The underlying theme of the above paragraphs is that marijuana prohibition harms the legitimacy and credibility of the criminal justice system for a variety of reasons: it is undemocratic, racially biased, ineffective, detrimental, costly, and wasteful. When any authority figure is viewed as illegitimate or not credible, people are not likely to support that authority figure nor are people likely to voluntarily comply or cooperate with that authority.

How many Americans support legalizing marijuana?

According to the latest Gallup poll, a large majority of Americans favor legalizing marijuana. As of 2019, 66% of Americans support legalization. Looking back at long term trends, the data show that attitudes about marijuana and its prohibition have changed dramatically over the past few decades.

How much is the marijuana industry worth?

The marijuana economy is worth billions. It is estimated that the illicit marijuana economy is worth around $30-$40 billion dollars. Surely, it is reasonable to think that this industry should be run by American business owners rather than drug cartels and drug gangs.

What happens when the criminal justice system enforces laws that the bulk of the public disagrees with?

When the criminal justice system enforces laws that the bulk of the public disagrees with, it harms the credibility of the criminal justice system which, in turn, impedes its ability to accomplish its goals of controlling and reducing crime. Photo by Larry Farr, Unsplash.com.

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Our firm provides legal advice and assistance to businesses and individuals seeking to obtain or maintain their licensure and certification with state boards. We assist clients with completing applications and/or renewals as well as represent them in administrative hearings and appeals.

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• Marijuana law, like entertainment law, is an amalgamation of other practice areas, including business law, administrative law, intellectual property, criminal law, employment law and tax law. I would advise that any attorney targeting the cannabis industry should start with a firm foundation in business law. If the governing documents and contracts...

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