Category: Criminal Defense

Talk to a Fremont Marijuana Crime Lawyer before Starting Your Marijuana Business

Talk to a Fremont Marijuana Crime Lawyer before Starting Your Marijuana Business

By |

The cannabis industry is rapidly growing in the US after recreational marijuana was made legal to sell and use for adults in Freemont, California. The market has increased drastically, which brings an opportunity invest in the personal Marijuana business. This business idea is surely distinctive and extremely difficult to establish from other businesses. The drug is legalized now but you may need an attorney to start your organization steering clear of illegal practices.

A marijuana lawyer is the key player and will play an instrumental role in helping you legally bypassing the formalities and the legalities required to start a marijuana business. Marijuana businesses may involve complex requirements which a certified attorney can handle preventing you from landing in potential trouble.

Plus, there are two separate laws that govern the marijuana industry – especially when you talk about setting your own 4/20 business – the laws are – (MCRSA) which is short for the Medical Cannabis Regulation & Safety Act and An adult use of Marijuana act (AUMA), which is short for Adult Use of Marijuana Act.

Moreover, it is worth noting that each law is significantly different than other. However, the process of building up the drug business is similar to either one of the above mentioned regulatory schemes.

Reasons Why You Should Meet A Marijuana Crime Lawyer Before Setting Up Your Cannabis Business

Help in Official Dealing

There will be multiple corporate forms your business may require such as limited partnership (LP), general partnership (GP), limited liability partnership (LLP), sole proprietorship, or a corporation. An experienced attorney will work to make your business official by registering it with the state department of California.

Permission from Local Government

You need to submit a proof that county or municipal government has permitted you to set up the business as a condition of your application when obtaining a license for MCRSA business. The local government applies a different rule to AUMA. You are expected to get permission from the local government, in either case, to run your business smoothly.

The procedure of attaining a local conditional use permit (CUP) is a complex and expensive process at the same where you may need a legal help. This is because your business should comply with local zonings legal formalities. In most cases, a marijuana business is only allowed to operate in industrial zones. It is often not permitted to run a cannabis business from residential and commercial areas specifically the ones located near parks and schools.

To Obtain State License

Obtaining a state license could become an overwhelming experience. The AUMA has created 19 licenses for adult use of cannabis businesses whereas 17 licenses are allowed for MCRSA. AUMA does not restrict a business owner from manufacturing, growing, selling or testing marijuana. However, MCRSA provides license only for medical purposes.

You should expect an extensive procedure when applying for a state license in this context. Each condition comes with a series of complex steps and demands attention to details. For instance, you might need to provide information about the fertilizers and pesticides you will use, the size of your farm, waste removal, storage, and consumption of water when applying for cultivation license for AUMA.

Bottom Line

Setting up a marijuana business is a complicated process. Contact Earl Jiang at 866-263-7866 and solve your legal queries right now!

Caught With Marijuana In Your Car? A Lawyer Can Help You Know Your Rights

Caught With Marijuana In Your Car? A Lawyer Can Help You Know Your Rights

By |

The new drug law has permitted consumers to buy, smoke, or cultivate marijuana in California. Over 21 adults are allowed to possess one ounce of the drug and you can use eight ounces of cannabis for medical purposes. However, consumers are advised to stay vigilant in this context even after the legalization of marijuana.

Proposition 64 contains a set of diverse rules which as an adult, you are expected to learn and follow as even slight negligence may land you in harrowing circumstances. There are certain factors that you need to ensure before opting it like the quantity of the drug. For instance, smoking a joint is prohibited in public places, you cannot purchase it without showing an ID, or you require a license whether it is for medical purpose or an adult use.

It is worth noting that the state holds strict policy for getting caught with marijuana in the car or even under the influence of the drug. This is why you should consult with a lawyer in that particular case and learn about your rights.

“Open Container” Law

California Vehicle code 23222(b) makes it unlawful for you to drive while having possession of marijuana. It includes:

  • Drugs found in an open or unsealed container
  • Not found in a container

Violation of the rule is punishable and you may encounter a fine of up to $100. You will need a certified attorney in this case. The lawyer will ensure that California Highway Patrol (CHP) will not charge Vehicle Code 23222(b) against you if the drug was obtained under the recreational possession laws or medical marijuana laws in California.

Moreover, driving with an open container of marijuana is strictly prohibited. It is an infraction which comes with a whopping $250 fine. Additionally, individuals under 18 who found guilty in the case will be given drug education and will have to spend time doing community service.

Possessing More Than the Legal Amount

You may be charged with a California misdemeanor or face a fine if the marijuana found in your possession is more in quantity than permitted by the law. Recreational marijuana law hinders retaining more than 28.5 grams. You will need a lawyer to fight your case when it comes to committing a misdemeanor because it is categorized as a crime and it can send you to a county jail for a year in the case.

The Condition for People Under 21

You cannot keep any amount of marijuana in your possession if you are under 21. There is a possibility of compliance with medical marijuana laws of California. As a result, you may come in effect of Vehicle Code 23222. Moreover, cases like these are better handed over to an attorney who has specialized in marijuana law in your state. Not to mention, criminal charges like these could have a damaging effect on your future which is why they must be dealt with legally.

Bottom Line

Contact Earl Jiang at 866-263-7866 and learn more about your rights without further delay.

 

Find our reviews at Yelp.com!

Let a Hayward Drug Crime Lawyer save your future after Drug Conviction

Let a Hayward Drug Crime Lawyer save your future after Drug Conviction

By |

A drug conviction could become a life-changing experience. There is no doubt that you will face harrowing penalties and after that, you may find it challenging to go school or get decent work. Not to mention, the criminal conviction might live with you till the rest of your life.

Also, the California state does not treat offenders lightly whether it is a misdemeanor or a felony. A drug-charge can destroy your professional, academic and personal life. In the circumstances like these, you have to exhaust all your options for a plea deal or reduced sentence – and that can only happen if you invest in a credible, reputable and an expert attorney.

Your drug offense lawyer will help you overcome every legal facet that you face and get the best outcome – enabling you to move on with your life. If you don’t seek the services of a certified attorney, you may find trouble in the following areas.

Asset Forfeiture

If you have been found guilty of selling illegal substances and narcotics, you will end up losing your money, home, car and other assets. The court will take everything from you even after the charges are dismissed. This law is known as “Asset Forfeiture.” When you hire an attorney, he will assist you in severe matters like these.

Employment Issue

Employers will check your criminal record before hiring. When you apply for a job, the prospective employer may ask whether or not you have a criminal record. You shouldn’t hide the truth to avoid a problem. However, a drug offense may hinder landing work anywhere – especially in industries such as nursing, legal practice, commercial driving, law enforcement or any position that involves dealing with children.

Renting a Home Will Become Problematic

Drug charges will affect your ability to rent a place to live. Most landlords will only trust a tenant after determining his background. Upon finding out that the potential tenant is a drug dealer – there are very slim chances that you will be given tenancy – even if you have been dismissed from the charges.

Loan Rejection from Financial Institutions

It is evident that banks or other financial institutions will investigate your background. Loan and financing companies are focused on your ability to repay the loan. Holding a criminal record will result in immediate denial, and you will be regarded as a high-risk client. This way, you cannot get a loan for school, house, car, etc.

Child Custody

If you are embroiled in a circumstance like child custody, there are prominent chances that the court will question your character over the criminal record. Having a drug conviction may affect your ability to raise children, and you will more likely lose your family.

Information about Criminal Record

All criminal records remain public until they are sealed or expunged. There are significant chances that partners, lenders, or employers will find your criminal history. An experienced lawyer will work passionately to get the charges expunge allowing you to take a fresh start in several matters of life.

Bottom Line

You cannot move on entirely until you get away with the drug charges. To keep your future secure, call Earl Jiang at 866-263-7866 immediately.

Recent Posts

Contact Us

  • Phone
    Phone Number: (510) 792-8668
  • Address
    39111 Paseo Padre Parkway, Suite 223
    Murco Plaza, Fremont, CA 94538