California Cracking Down on Illegal Marijuana Businesses

Even with recreational weed fully legal in California, illegal marijuana businesses continue to thrive throughout the state. And authorities are not putting up with it anymore. According to reports coming out of The Golden State, authorities are beginning to respond to these illegal operations more forcibly. With California cracking down on illegal marijuana businesses, questions about the transition toward a legal cannabis market remain.

California’s Illegal Weed Businesses

California has pretty much always been one of the hottest weed spots in the nation. It’s home to legendary growing activity and has long been a relatively safe place to consume as many ounces of cannabis as one so desired.

When weed was illegal in California, the state had a strong black market for cannabis. In the age of legal weed, black market activity continues to live on in various ways. According to new reports coming from local media, there are still tons of illegal marijuana shops operating throughout the state.

For example, the Los Angeles Police Department claimed that there are hundreds of such shops in L.A. alone.

“We have several hundred, probably somewhere in the neighborhood of 200 to 300, of what we believe are these unlawful and illegal establishments operating throughout the city,” said LAPD Deputy Chief John Sherman.

It appears that there is a wide range of factors making these shops illegal. For example, some of them may be operating without proper licensing. Similarly, some have been accused of failing to follow proper security protocols.

Whatever the offense, California law enforcement agencies appear to be cracking down on weed businesses they deem illegal. Last week, authorities in L.A. raided a shop that they said was operating illegally. During the raid, they arrested three people, one of whom was a security guard with an unlicensed firearm.

So far, cops in L.A. have identified 18 businesses that they say are definitely operating illegally.

Final Hit: California Cracking Down on Illegal Marijuana Businesses

The exact motives behind this crackdown are unclear. It could be a backlash against the growing acceptance and prevalence of cannabis throughout the state now that recreational weed is legal. As weed becomes legalized in more and more places, it often creates tension between those in favor of legalization and law enforcement who see cannabis as a problem.

On the other hand, the crackdown could be part of the sometimes-messy transition toward a fully legal cannabis market. When weed becomes legal, it eliminates much of the need for a black market. Despite this, the black market continues to exist, often falling under heightened scrutiny by law enforcement.

Whatever the case, the cannabis scene in California is in the middle of big-time changes. Medical marijuana has been legal in the state since the 1990s.

But it wasn’t until 2016 that voters approved the legalization of recreational weed. The state’s recreational program, including full-scale recreational retail, went into effect the beginning of this year.

These legal changes have introduced a number of interesting tensions. Most recently, the city of Berkeley became a sanctuary city for recreational weed. A resolution that passed earlier this week stated the city of Berkeley will not cooperate with federal efforts to enforce laws against cannabis.

The decision comes largely in response to Attorney General Jeff Sessions. In January, Sessions rescinded the Cole Memo, an Obama-era policy that told federal agencies to take a “hands-off” approach to dealing with state cannabis laws.

Sessions’ move has worried lawmakers, business owners, and cannabis consumers, many of whom fear that it could open the door to a federal crackdown on all weed-legal states.

In LA, Legal Cannabis Stores Call for Crackdown on Illegal Pop-Ups

In California’s second month of legal adult-use cannabis sales, the nation’s largest retail cannabis scene, Los Angeles, is a mess.

'Due to the lack of enforcement, illegal shops and delivery services are opening up' and stealing sales from licensed dispensaries.

Virgil Grant, owner, Med EX Now dispensary

Licensed dispensary owners say the opposite of what was supposed to happen has happened: As they hold on with limited revenues—many still awaiting city and state licenses—illegal storefronts and delivery services have cropped up to siphon sales.

Some owners of licensed dispensaries are exasperated. Those who aren’t losing money so far in 2018 say they’re just squeaking by, as new underground shops and illicit delivery services steal their customers with cut-rate prices made possible by the fact that they’re not paying taxes.

Why Am I Paying Taxes, Again?

Those taxes are no joke—they include a nearly 10 percent county sales tax, a 15 percent cut for the state of California and a 10 percent cut on receipts that go to City Hall.

“Due to the lack of enforcement and due to legalization, it has empowered illegal shops to start opening up,” says Virgil Grant, owner of Med EX Now, a licensed dispensary. Grant is also the co-founder and president of the Southern California Coalition, the city’s largest cannabis industry trade group.

Customers are 'coming out in droves to illegal shops.'

Jared Kiloh, owner of the Higher Path dispensary

Jared Kiloh, owner of the Higher Path dispensary in Sherman Oaks, said he had to sit on his hands in January, when he was awaiting a license from the city. Meanwhile, multiple illegal shops opened in the surrounding neighborhood and dozens of new delivery services set up shop.

“It’s gotten worse,” says Kiloh. “Come January an uneducated part of the market said, ‘I can buy weed anywhere now.’ Guess what they are doing? They are going anywhere. They’ve come out in droves to the illegal shops.”

The Los Angeles market has long been seen as the grand prize for legal cannabis in the United States and perhaps the world. Even during the era of medical pot the city of L.A. alone had as many tax-paying cannabis retailers as did the entire state of Colorado, which began adult-use  sales in 2014. And that’s not counting the rest of the 88-city county of Los Angeles.

300+ Licensed Companies Expected

With recreational legalization and the coming of the city’s voter-approved Measure M, which overturned the loose framework of the past in favor of licensing, it’s expected that 300 or more retailers, not to mention manufacturers, delivery services and testing labs, will be blessed by City Hall.

'The situation is unfair to the businesses that have been playing by the books.'

Carlos de la Torre, Cornerstone Research Collective

But as the City of Los Angeles Department of Cannabis Regulations hustles to release the first batch of licenses to rule-following retailers, the most legitimate shops in town have had to serve a trickle of customers willing to pay their tax-enhanced higher prices, even as commerce rages at illegal storefronts, observers say. For some the dream of a green rush in America’s largest pot market has become a real let-down.

“The situation is unfair to the businesses that have been playing by the books,” says Carlos de la Torre who, with his wife, owns the Cornerstone Research Collective dispensary in Eagle Rock. “Measure M has enforcement issues. I’m actually competing with these businesses that aren’t paying all their taxes. They should have to play by the same rules.”

“With all the new regulations and taxation, and having to buy from only licensed producers, the margins become modest and it’s impossible to survive as long as there’s illegal competition,” adds Aaron Herzberg of CalCann Holdings, a California medical marijuana real estate company. “The legal operators are going to have to suffer financially until the illegal guys are shut down, and that’s going to take a lot of time.”

Illegal Delivery: The Unkindest Cut

The biggest sore spot for legit dispensaries is illegal delivery. Why drive to a shop, which may or may not be legal, and pay high taxes when a guy can come to your door?  In conjunction with state law, the city is only poised to allow deliverers tied to licensed brick-and-mortar shops. And delivery licenses in L.A. have yet to be issued.

Kiloh, president of the UCBA (United Cannabis Business Alliance), a group of legit dispensaries in town that inspired Measure M, says he estimates that 200 new delivery services have popped up since the beginning of the year. “Delivery is not even legal in the city of Los Angeles,” he notes.

“None of us can deliver out of a storefront until we get our full license—so how is that fair?” asks De la Torre. “How many delivery services are there in the city of L.A.?”

Pre-ICOs and Measure M

Delivery was essentially outlawed under the city’s last regulation framework, Proposition D, which was approved by voters in 2013. The measure only allowed 135 or fewer shops to exist, although they were not expressly legalized. Instead they were offered limited legal immunity.

Those stores are often called “pre-ICOs,” because they’re supposed to have existed prior to a failed attempt in 2007 by the city to enact an “interim control ordinance” that intended to freeze the growth of dispensaries in town.

The state’s new legal cannabis framework requires local municipalities to license cannabis companies, and “limited legal immunity” wasn’t going to cut it. The City Council stepped in with Measure M, which is now responsible for licensing all of the city’s cannabis companies.

Delivery services tied to brick-and-mortar shops will be licensed, but the city is initially focused on those so-called pre-ICOs, like the shops owned by Grant, Kiloh and De la Torre, who received the first “priority” licenses.

Herb Wesson: Expecting 157 Licensed Stores

According to a spokeswoman for the office of City Council President Herb Wesson, “the current working number is around 157 dispensaries” that are expected to receive priority licenses from the city. While that number could be seen as fishy given the longtime assumption that there were fewer than 135 pre-ICOs still operating since 2007, the possibility that poseur shops will receive the much-coveted priority licenses has taken a backseat to support for enforcement against hundreds upon hundreds of fully illegal shops.

Those who now favor the issuance of 157 or so priority licenses say there were 187 pre-ICOs in 2007 and that some of those shops that are no longer around should be given a chance to become legal again, despite the survival of fewer than 135 dispensaries since then.

However, many observers agree that the figure of 157 could open the door to illegitimate shops that used doctored paperwork or other shenanigans—some pre-ICOs were split into multiple storefronts—to become legal. Those would-be pre-ICOs relied on documentation that many call “Frankenstein licenses,” backed by documents that included business tax registration certificates (BTRCs) that created the appearance of compliance, critics say.

“Plenty of people in the business for years have never done it right and will probably still get a license anyway,” says dispensary owner Kiloh. “There are [illegal] pre-ICOs that have six locations and change their address with the state of California every two weeks.”

“There are a lot of people who spend a lot of money to get creative to make something look pretty good on paper,” adds Adam Spiker, executive director of the Southern California Coalition. “Not all the pre-ICOs are clean as a whistle.”

License Means Nothing Without Enforcement

Both Kiloh and Spiker say licensing 157 or 158 dispensaries as good actors, even though some aren’t, is better than allowing fully illicit shops to operate without any enforcement.

Kiloh estimates there may be as many as 1,500 illegal dispensaries in Los Angeles, a figure echoed by other experts. Legal operators say they’re going through loopholes to stay open while illicit concerns take their business.

“The people who get the most scrutiny are the ones trying to be most legal,” Kiloh says. “They’re held accountable for paying taxes and enduring regulation paperwork.”

Three Staffers. Yes, Three.

The legit dispensaries are counting on the city’s Department of Cannabis Regulation to help weed out the fakes by withholding licenses. But the department, run by former Drug Policy Alliance coordinator Cat Packer, appears to be overwhelmed. The office has only three employees, including Packer. They’re tasked with weeding through thousands of cannabis industry hopefuls. It’s a daunting challenge for a city that does not even know precisely how many pre-ICOs exist or how many illicit stores exist.

“In order for the department to be successful the City Council has to allocate money,” says Herzberg of CalCann Holdings. Los Angeles, Herzberg adds, “is the largest legal marijuana market in the world. The city needs to make staffing a priority immediately.”

Says Kiloh: “You can’t run regulation in the largest marijuana market with only two employees.”

Press Conference Tomorrow?

Still, there’s faith among some legit retailers that Packer, the City Attorney’s Office and the Los Angeles Police Department will come to the rescue. The LAPD is expected to hold a news conference tomorrow (Feb. 13) regarding its enforcement efforts. Through department spokesman Josh Rubenstein, the captain of the LAPD’s gang and narcotics division, Stephen M. Carmona, declined to comment for this story. However, another high-ranking official in the department acknowledged that new dispensaries “are popping up fast all the time.”

“We’ve seen shootings surrounding marijuana business go up dramatically,” he added. “The new law has created a black market both for people who don’t want to pay the new taxes and for people who want to sell to those under 21. That black market poses a high potential for crime around a very valuable commodity. If what I’ve seen in the first weeks of the new year holds, it doesn’t portend well for the future.”

Officials: No Comment

The mayor’s office, the City Attorney’s Office and the Department of Cannabis Regulation did not make anyone available to comment on the record for this story. For now, the good actors in the local cannabis industry are eagerly awaiting the cavalry to come and shut down their illegal competitors. Cops can raid shops under state and local law. But the City Attorney’s Office also has tools, including daily $20,000 fines for illicit operators and the landlords who facilitate them.

“I could find 10 shops to close down just driving down the street,” Kiloh says. “But I have yet to hear one business being assessed those fines since January 1.”

“In order for any kind of regulated system to be a success you need to have vigorous enforcement,” says Herzberg. “A surge is going to have to happen if in fact the licenses are to mean anything or be financially viable.”

Can Marijuana Treat Postpartum Depression?

Can marijuana treat Postpartum Depression? This sadness, anxiety and sleeplessness that can follow childbirth affect many new mothers. Traditionally, healthcare providers prescribe antidepressants and psychotherapy. However, many are questioning the efficacy and safety of these treatments. Many new parents are asking, can marijuana treat postpartum depression? And what are the benefits and potential risks of cannabis treatment?

What is Postpartum Depression (PPD)?

The symptoms of PPD include depression, irritability, inability to sleep and mood swings. Though it’s unclear what causes PPD, most attribute it to fluctuating hormone levels, especially estrogen and progesterone, and parental anxiety.

Classified as a major depressive disorder, PPD affects a minimum of 15% of mothers according to a study in the US National Library of Medicine. In real life, this figure is a lot higher. Many mothers feel guilty about experiencing PPD and do not report their symptoms.

What treatments are typically made available to women with PPD?

Doctors typically prescribe antidepressants for PPD. Most believe that there is little to no risk in taking anti-depressants during pregnancy or while breastfeeding. Even when there is some risk, many advocate for their use anyway. Studies show that the threat that a depressed mother poses to a child’s development is often considered riskier than antidepressant medication.

Just because antidepressants are commonly prescribed doesn’t mean that they don’t pose a serious risk. A study published by the Department of Pediatric Cardiology and Intensive Care Medicine in Germany found that Sertraline, a popular antidepressant, can result in neonatal abstinence syndrome and serotonergic over-stimulation when prescribed to breastfeeding mothers.

These conditions manifest in tremors, crying, sleep issues, fevers and sweating. In the study, these symptoms worsened until the mother stopped breastfeeding. Though this case was perhaps an outlier, these consequences should be cause for concern.

To make matters worse, doctors commonly give Sertraline to women with PPD because of its low transferability. What are the risks of even more powerful anti-depressants?

Another common treatment for PPD is therapy. Due to cost, time, and distance, however, therapy isn’t always a practical solution.

If therapy isn’t an option and antidepressants are dangerous but necessary, why breastfeed at all?

Today, it’s a common belief that breastfeeding is crucial to the mother and the baby’s health. In a study published by the University of Adelaide, researcher Dr. Grzeskowiak states, “breastfeeding has immense benefits for the child and the mum herself, including a degree of protection against post-natal depression.”

He argues that it’s critical to breastfeeding through the sixth month. This study also found that 57% of women suffering from PPD who stopped taking antidepressants stopped breastfeeding before six months. Medication, though often necessary to continue the beneficial process of breastfeeding, poses a health threat.

A popular alternative to synthetic drugs, can marijuana treat postpartum depression?

Marijuana as an antidepressant

Cannabis is becoming an increasingly common treatment for depression. At Buffalo’s Institute on Addictions, senior researcher Dr. Samir Haj-Dahmane found that “chronic stress reduced the production of endocannabinoids, leading to depression.”

Endocannabinoids are found in the human nervous system. They regulate mood, pain sensitivity, and other important bodily processes. These neurotransmitters are also found in weed.

Dr. Haj-Dahmane explains, “Using compounds derived from cannabis […] to restore normal endocannabinoid function could potentially help stabilize moods and ease depression.” Dr. Haj-Dahmane also points out, marijuana can be an effective tool for coping with post-traumatic stress disorder.

But is marijuana safe to use while breastfeeding?

Can marijuana treat postpartum depression? In short, smoking of any kind is inadvisable while pregnant or breastfeeding.

Just because more women are smoking marijuana during or after pregnancy does not mean that it is safe.

The danger is due to marijuana’s psychoactive cannabinoid, THC. If ingested while breastfeeding, THC can enter the baby’s bloodstream. Studies conducted in Pittsburgh and Ottawa maintain that THC affects a child’s long-term ability to read, focus and feel emotions.

This research focused on mothers who ingested THC while pregnant, not necessarily while breastfeeding.

Dr. Yasmin Hurd from Mount Sinai Hospital states, “Even early in development, marijuana is changing critical circuits and neurotransmitting receptors.” The consequences of transmitting THC to a baby can be significant and long-term.

You could argue that most of the research is about THC transfer during pregnancy. But as infants can also absorb THC through breast milk, we can assume, for now, that similar risks exist.

Dr. Tori Metz of the Denver Health Medical Center explains to The New York Times, “There is an increased perception of the safety of cannabis use, even in pregnancy, without data to say that it’s actually safe.”

Better to be safe when it comes to THC while breastfeeding.

Is CBD safe?

There is very little research on the effects of CBD use while breastfeeding. What we do know is that CBD is non-psychoactive. This means that unlike THC, it doesn’t get you high.

CBD is also used to treat a variety of illnesses such as epilepsy, and it relieves pain, helps with PTSD and reduces inflammation. Additionally, children are increasingly using CBD to cope with serious illnesses.

Final Hit: Can Marijuana Treat Postpartum Depression?

To answer the question: can marijuana treat postpartum depression—potentially. If you’re not breastfeeding, consider talking to your doctor about consuming cannabis to alleviate depression and anxiety.

If you are breastfeeding and you want to use cannabis, stick to products derived exclusively from CBD but know that research is far from conclusive. We’ll have a clearer answer once we clear the smoke surrounding the benefits and disadvantages of medicinal marijuana.

And remember: if you suffer from postpartum depression, it’s not your fault. Don’t be ashamed to seek help and support.

The Lawsuit Against Jeff Sessions Will Be Heard In Court Tomorrow

In case you haven’t been in the loop, a lawsuit against Jeff Sessions has been in the works for months now. Specifically, a lawsuit alleging that the federal prohibition of cannabis is unconstitutional. And tomorrow, that lawsuit will be read and evaluated in the Federal Court of New York City.

The Case

The United States Attorney General, Jeff Sessions, is infamous for his vehement stance against cannabis. Since his appointment as Attorney General, he has not held back on sharing his views on the matter. These views have been entirely in favor of prohibition and firmly against marijuana legalization of any kind.

Including medical marijuana.

Sessions’ statements about cannabis have, historically, not been rooted in any sort of scientific evidence. Rather, they have been a regurgitation of antiquated theories and Harry Anslinger-esque rhetoric. Sessions has, to date, refused to entertain any evidence or research that contradict his anti-cannabis stance. Indeed, a previous Attorney General, Eric Holder, asserted that Sessions has “an almost obsession with marijuana”. Specifically with marijuana prohibition.

On January 4, 2018, Attorney General Sessions put definitive action behind his words. He rescinded the Cole Memo. This piece of Obama-era legislation was put in place to prevent the federal government from interfering with states with legalized and regulated marijuana.

While lawmakers around the country have been stepping up to the plate to go head-to-head with this blatant violation of state’s rights, a separate lawsuit against Jeff Sessions has been in progress since autumn of last year.

And this complaint isn’t coming from lawmakers. It is coming from civilians who depend on medical marijuana.

The Plaintiffs

The most prominent plaintiff in this lawsuit against Jeff Sessions is Alexis Bortell. At twelve years old, she uses medical cannabis to control and quell her debilitating epilepsy.

In order to secure this life-saving treatment, she and her parents were forced to relocate from their native Texas to Colorado. The medical marijuana that Bortell uses every day is perfectly legal in Colorado. But because of the federal prohibition, she can’t travel with her medicine.

This means that she cannot leave the state. So what’s a young person to do when she is essentially trapped because of federal marijuana prohibition? Sue the federal government. Specifically Jeff Sessions.

Attorney Michael Hiller has taken on the task of representing Bortell and four other plaintiffs. Bortell’s co-plaintiffs include her father, Dean Bortell, another child and his parent (Jagger and Sebastian Cotter), an Army veteran (Jose Belen), a retired football player (Marvin Washington) and the non-profit organization Cannabis Cultural Association, Inc.

The Suit

The lawsuit against Jeff Sessions alleges that the Controlled Substances Act violates the Constitutional rights of medical marijuana patients.

From the complaint, shared with us by Hiller, PC Attorneys at Law:

Plaintiffs seek a declaration that the CSA, as it pertains to the classification of Cannabis as a Schedule I drug, is unconstitutional, because it violates the Due Process Clause of the Fifth Amendment, an assortment of protections guaranteed by the First, Ninth and Tenth Amendments, plus the fundamental Right to Travel, the right to Equal Protection, and right to Substantive Due Process.

In plain language, the federal prohibition of cannabis is unconstitutional, and these lawyers are about to prove it.

Final Hit: The Lawsuit Against Jeff Sessions Will Be Heard In Court Tomorrow

Tomorrow, this court document attached to the lawsuit against Jeff Sessions will be read and evaluated tomorrow, February 14, 2018, in the Federal Court of New York City. The case will be presided over by Judge Alvin K. Hellerstein. According to our sources, this will be an open hearing and Jeff Sessions himself will be in attendance.

Alexis Bortell, on the other hand, will not be because, again, she is unable to travel without her medication. And more to the point, she is unable to travel with her medication.

If the plaintiffs are successful, it will not just be a victory for them. It will be a victory for the thousands of medical marijuana patients in the country.

As this is a case that is of national interest, we will do our best to keep you updated.

Former Head of the NRA Calls Demands Gun Reform for Medical Marijuana Patients

Whether its restrictions on their banking activities, ability to travel, medical care, or education, medical marijuana patients still have freedom to fight for in America — including their inability to legally own a gun.

Last week, the former head of the National Rifle Association (NRA) came out in defense of medical marijuana users in an opinion piece for The Washington Times, pleading with the federal government that “trading a constitutional right for pain relief is a choice no one should have to make.”

“Since gun purchasers must sign a form swearing they are not habitual drug users,” said David Keene, who is now an editor at large for the news outlet, “a holder of a marijuana prescription cannot both answer the question honestly and buy a firearm today from a gun dealer anywhere in the country.

This restriction on gun ownership can be traced back to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), who classify those with medical marijuana recommendations as “admitted drug users” who are banned from buying, possessing, or utilizing a gun. Medical marijuana users who own guns live in a constant state of uncertainty as they grapple with state and federal law discrepancies.

In 2016, the 9th U.S. Circuit Court of Appeals, which governs many legalized marijuana states on the western side of the country, ruled that the federal laws restricting medical marijuana users from legally obtaining firearms do not conflict with the 2nd Amendment, meaning patients are not having their rights violated by the prohibition. The court’s reasoning behind the ruling was cannabis has been known to cause “irrational or unpredictable behavior.”

According to federal law, a “user and/or an addict of any controlled substance” is prohibited from obtaining a firearm, yet the law ignores countless people toting guns while addicted to opioid painkillers because they are shielded by verbiage, namely a “prescription,” rather than the “recommendation” doctors are limited to when a patient’s care calls for marijuana.

If you’re wondering where the federal government was able to establish a precedent as far as cannabis causing violent behavior, the 9th Circuit Court credits a 2014 case from the 4th Circuit Court in Virginia that suggests “a significant link between drug use, including marijuana use, and violence.”

Estimates place the number of doctor recommendation-holding medical marijuana users at roughly 2.3 million in legal states from Connecticut to California, though the numbers are fairly conservative considering the hit-or-miss registration and reporting from state to state — another reason we need federally-regulated cannabis. That’s at least 2 million Americans who are barred from taking advantage of their 2nd Amendment rights under the United States Constitution.

The book Drugs and Drug Policy: What Everyone Needs to Know, written by drug policy experts Mark Kleiman, Angela Hawken, and Jonathan Caulkins, outlines how mainstream drugs used by millions of Americans are actually far more harmful to the psyche of a gun owner than cannabis.

“There is a good deal of evidence showing an association between alcohol intoxication and pharmacologically induced violent crime,” the book explains.

Keene calls out the DEA in his op-ed, pointing out that cannabis has been grossly miscategorized on the Controlled Substances Act scheduling system for almost five decades, situated on the same top tier class as heroin, referred to as more dangerous than drugs like cocaine and fentanyl that cause countless overdoses.

The former NRA leader also points out the confusion this legal gray area causes for law enforcement.

State law enforcement officials are in a quandary as to which laws to enforce and as a result no one knows what to expect. In Oregon, a sheriff denied several concealed carry applications because he believed possession of a medical marijuana card was an admission of illegal drug use, while an Arizona gun owner who asked the Phoenix police if she had a problem because she has a medical marijuana prescription was told she was fine as long as she doesn’t run into a “federal” officer or get caught on federal land with both a gun and a prescription card.

While many gun owners who also utilize the medical benefits of cannabis are currently left confused as to which laws to abide by, this dilemma further highlights the need for the federal government to get on the same page as the states, especially when there is such a vast gap in policy. 

How Many Dispensaries Are In Each State?

How many dispensaries are in each state? With 29 states that all have some form of legalized marijuana, the number of dispensaries in the country is rapidly increasing to serve existing and emerging markets. States like California have recently implemented their recreational marijuana laws. As a result, many old dispensaries have shut their doors and new ones have surfaced as companies await their license to sell. We used data from state governments with legalized marijuana to see how many dispensaries are in each state.

Recreational Marijuana State Dispensaries

With many states adopting recreational marijuana laws, the number of dispensaries countrywide is rapidly changing.

California

Dispensaries: 261

California was the first state to legalize medical marijuana but not the first to go recreational. In 2016, California’s Proposition 64 passed, legalizing the sale of cannabis to adults. There are currently no businesses with full licenses to sell in California. However, temporary licenses are being awarded so retail cannabis is being distributed. According to the Bureau of Cannabis Control, there are currently 261 active temporary retail licenses to sell cannabis for adult use.

Nevada

Dispensaries: 61

Nevada had their first medical marijuana dispensaries opened in 2015. Residents voted to legalize recreational cannabis in 2016. The laws went into effect on January 1st of 2017. Now, weed can be legally acquired at any of the 61 dispensaries listed on the state government’s website.

Alaska

Dispensaries: 93

In 2014, Alaska voted to tax and regulate the legal production, sale and use of marijuana. A license search on the Department of Commerce, Community and Economic Development website yields 93 results for Oregon dispensaries.

Dispensaries: 560+

According to the Oregon government website, the number of approved licenses to marijuana retailers went from 213 in July 2016 to 560 by the end of January.

Washington – 103 retail stores

Dispensaries: 103 retail

Washington has had recreational marijuana for quite some time now so there are now many dispensaries in the state. According to Washington’s Department of Health website, there are currently 103 retail cannabis stores but many more “medically endorsed stores.” This means they have medical marijuana consultants on staff.

Colorado

Dispensaries: 520

Colorado has by far, the largest number of dispensaries in any state. The Colorado Department of Revenue has a list of all the licensed recreational and medical marijuana dispensing centers. There are 520 recreational facilities with 505 medical ones as well.

Massachusetts

Dispensaries: 19

On November 8th, 2016 Massachusetts became the first state on the East Coast to legalize cannabis. As of December 31, 2017, Massachusetts has 19 registered marijuana dispensaries around the state.

Medical Marijuana State Dispensaries

California was the first state to legalize medical marijuana in 1996. Since then, about half of the nation’s states have legalized medical marijuana. In states with strict laws, medical marijuana is limited to patients with truly debilitating conditions. Other states that allow a wider range of patients to register as medical marijuana patients and they have more dispensaries as a result.

Maine

Dispensaries: 8

8 total Medical Use of Marijuana Program Dispensaries

Maine joined Massachusetts in legalizing recreational marijuana on the East Coast. However, retailers currently have no way to get the required licenses. As a result, the only dispensaries in the state are only accessible to medical marijuana patients. There is currently 8 listed medical use of marijuana program dispensaries on the state government’s website.

Arizona

Dispensaries: 100+

Arizona is one of the first states with a drive-thru dispensary. Unfortunately, they are one of the few states that keep their list of dispensaries confidentialto anyone other than registered medical marijuana patients that cannot grow their own marijuana in the state.

However, the number of dispensaries allowed in the state is somewhere between 120 and 126. The number of dispensary agents is public. There are 4,731 individuals that can distribute marijuana on behalf of a dispensary.

New Mexico

Dispensaries: 68

New Mexico’s medical marijuana law was signed in 2007. Since it’s been more than a decade, there are now many dispensaries for the state’s patients to choose from. The state has 12 manufacturers that distribute from their own dispensaries. Recent data shows a total of 68 dispensaries in New Mexico.

Montana

Dispensaries: 50+

Medical marijuana laws in Montana were signed in 2004. Only patients with severely debilitating or terminal conditions qualify for medical marijuana in the state. Despite this, the number of dispensaries in the state has gradually increased over the year. According to the Montana Department of Health, they cannot give information out about dispensaries. However, there are over fifty listed online.

North Dakota

Dispensaries: 0

The North Dakota medical marijuana law was only signed in 2016. The program is not yet operational and there are no current dispensaries. The program was supposed to go into effect on April 18, 2017. The earliest effective date for medical marijuana rules would be on April 1, 2018.

Minnesota

Dispensaries: 8

The Minnesota medical marijuana law was signed in 2014 and it is currently operational. Several state-licensed dispensaries have opened. In fact, the Minnesota Department of Health has eight locations listed on their website.

Michigan

Dispensaries: 100+

Michigan is currently in the process of accepting medical marijuana business license applications but there are over 42,000 caregivers registered to supply cannabis. There are currently well over one hundred dispensaries listed online but they will close soon if they don’t receive a license when they’re distributed later this year.

Illinois

Dispensaries: 53

Illinois is one of the states with a long list of qualifying conditions but they have a decent number of dispensaries. The medical marijuana laws in Illinois were signed in 2013. Since then, the Illinois Department of Financial and Professional Regulation list 53 licensed dispensaries across the state.

Arkansas

Dispensaries: 0

The Arkansas Medical Marijuana Commission has yet to release the list of licensed dispensaries despite the Arkansas Medical Marijuana Amendment. There is a delay because the law only came into effect in 2016 and the program is still a work in progress. So far the Department of Finance and Administration has released a list of all the names and proposed locations of applicants.

Louisiana

Dispensaries: 0

The Louisiana medical marijuana program has yet to start. Worst of all, the number of doctors that are approved to issue a “physician recommendation form” can be counted on one hand. If all goes according to plan, the program will begin operating this summer.

Florida

Dispensaries: 27

Florida has medical marijuana laws but they are restrictive like the laws in other states like New York. Medical marijuana treatment center is the term for a dispensary in Florida. These centers are responsible for cultivating and processing the cannabis. Additionally, they sell to qualified medical marijuana patients. There are 27 dispensaries total listed on the state government’s website.

Ohio

Dispensaries: 0

The Ohio medical marijuana laws were signed in 2016 but the program hasn’t started yet. The State Board of Pharmacy may award up to 60 dispensary licenses. So far, the board has received hundreds of applicants. There is no one to sell medical marijuana in the state yet. Unfortunately, patients will have to wait while the program starts handing out licenses to sell.

West Virginia

Dispensaries: 0

West Virginia signed their marijuana laws in 2016. As a result, the program is not yet operational. Therefore, there are no operating dispensaries in the state as of now. The West Virginia Medical Cannabis Program will release the application for dispensaries in the first quarter of 2018.

Pennsylvania

Dispensaries: 6

Six dispensaries received approval to start selling medical marijuana products once they are available. The only dispensary to have a grand opening is in Lehigh Valley. Unfortunately, they have no product. Therefore, patients won’t be able to make purchases until mid-February or later.

Maryland

Dispensaries: 0

A judge temporarily halted the medical marijuana industry in Maryland on the request of a company that alleged state regulators ignored racial diversity when deciding who could grow legal cannabis. A trial in June will determine whether state regulators acted outside of the law when awarding the first fifteen preliminary licenses to grow. So, there will still be some time before Maryland sees its first operational medical marijuana dispensary.

Delaware

Dispensaries: 2

Delaware currently only has two dispensaries owned by the same company. First State Compassion is currently the only provider of medical marijuana in Delaware and more are on the way.

New Jersey

Dispensaries: 5

New Jersey adopted their medical marijuana program rules in 2011. Since then, only a few dispensaries have opened up their doors in the state. In fact, the state currently has five operational medical marijuana dispensaries with more on the way.

New York

Dispensaries: 19

New York has one of the stricter medical marijuana programs for patients with debilitating conditions. In fact, there is no actual smokable cannabis available at dispensaries. However, other cannabis products are available at New York’s 19 registered medical marijuana dispensaries. More are opening soon which will more than double the number of dispensaries in the state.

Vermont

Dispensaries: 4

Vermont has had medical marijuana laws since 2004. Despite the early start date, few dispensaries have opened in the state. More than a decade later, there are only four operational dispensaries located in Montpelier, Brandon, Burlington and Brattleboro.

New Hampshire

Dispensaries: 4

The Therapeutic Cannabis Program passed through the state legislature in 2013 but things have moved slowly since then. In fact, only a few dispensaries have opened up. The New Hampshire Department of Health and Human Services lists 4 dispensaries or “alternative treatment centers.”

Connecticut

Dispensaries: 9

Medical marijuana laws in Connecticut came about in 2012 and not too many dispensaries have opened up since then. According to Connecticut’s official state website, there are 9 total medical marijuana dispensary facilities in the state. That will change soon because the state is looking for more medical marijuana dispensaries.

Rhode Island

Dispensaries: 3

Rhode Island medical marijuana patients can purchase their medicine at compassion centers around the state but there aren’t many. As expected with a small state the Rhode Island Department of Health website lists compassion centers in only Providence, Warwick and Portsmouth.

Washington D.C.

Dispensaries: 8

Washington D.C. has legalized recreational marijuana but there are currently only medical marijuana dispensers. There are eight medical dispensaries in the state total but most of them in the North East region.

Final Hit: How Many Dispensaries Are In Each State?

Since marijuana laws in several states have changed in recent years, the online listings of marijuana dispensaries in certain states are unreliable according to research.

“The online listings appear to be inaccurate. We only found 815 out of the listed 2,174 dispensaries were active. This is 37 percent of the listings,” Erick Eschker, co-director of the Humboldt Institute for Interdisciplinary Marijuana Research stated.

The number of how many dispensaries are in each state will change because a few states are currently working on implementing their programs. Once they are operational, the number of dispensaries nationwide will continue to increase.

Expungement and Past Marijuana Convictions in Legal States: What Now?

As marijuana legalization continues to cultivate support across North America, more than a few states and their collective municipalities are working to expunge or reduce prior pot convictions – calling the absolution a states’ rights issue and a necessary atonement.

4,900 Californians have asked to have their past pot convictions expunged

In 2016, 574,641 American citizens were charged with simple marijuana possession. And for those with past marijuana convictions, they soon discovered it’s far more difficult to become a productive member of society with a criminal record; facing diminished access to employment, reduced chances at a higher education, and restricted housing opportunities.

Addressing the issue last week, elected officials from San Diego to San Francisco began the process of rolling out their amnesty program for people convicted of previous low-level marijuana crimes. This week, the Mayor of Seattle joined the call for greater opportunity for those with past convictions and announced similar efforts. Meanwhile, in Vermont, which recently became the first state to legalize cannabis for adults 21 and over through the legislative process, officials are examining their options ahead of the state’s July 1 implementation.

With some form of marijuana now legal in 29 states plus the District of Columbia, Guam and Puerto Rico, the following states are collectively attempting to address their role in criminal justice reform in a meaningful way.

Proposed Marijuana Expungement Legislation

California

Assembly Bill 1793, introduced by Assemblyman Rob Bonta (D-18th District), seeks to enact legislation that would allow the “automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017.” Under Proposition 64, residents of California are now allowed to possess and purchase up to 1 ounce of marijuana and cultivate no more than six plants for personal use. The voter-approved measure, in addition to legalizing adult-use consumption, cultivation, and distribution – allows individuals convicted of past criminal marijuana possessions to petition the courts to have those convictions expunged. An expensive and time-consuming venture for most individuals, the automatic expungement of records would be mandated by the passage AB-1793.

Massachusetts

H.2785, authored by Rep. Aaron Vega (D-5th District), and cosigned by 25 other elected officials, would allow for the expungement of “records of marijuana arrest, detention, conviction and incarceration.” Marijuana use in Massachusetts was first decriminalized in 2008, with the voters approving medical marijuana just four years later in November 2012. Officially legalized for adult use on Nov. 8, 2016, residents are still waiting for their first recreational dispensary to open.

Vermont

H.865, sponsored by Maxine Grad (D), Tom Burditt (R), Chip Conquest (D), would allow a person to file a petition with the court requesting expungement or sealing of the criminal history related to a conviction if “the person was convicted of an underlying offense for which the underlying conduct is no longer prohibited by law or designated as a criminal offense.”

New Jersey

S.830, sponsored by Sen. Nicholas Scutari (D-22nd District), would not only legalize the personal possession and use of small amounts of marijuana by those over the age of 21, the bill also allows a person convicted of a prior marijuana possession to present an application for expungement to the state’s Superior Court.

While Colorado, Maryland, and Oregon have already passed legislation to have misdemeanor marijuana charges sealed or thrown out entirely, approximately 4,900 Californians have filed to have their past pot convictions expunged since Proposition 64 was passed.

Marijuana legalization effort vaults a hurdle with no outside challenge to signaturesMarijuana legalization effort vaults a hurdle with no outside challenge to signatures

The push to legalize marijuana for adult recreational use got a boost Friday when a deadline for opposition groups to challenge petition signatures passed and no one stepped up.

Now it will be up to the Secretary of State's election office to review a 500-signature sample of the 362,102 signatures that were turned in by the Committee to Regulate Marijuana like Alcohol in November, to determine whether there are enough valid signatures from registered voters to qualify for the Nov. 6 general election ballot.

Once that review is complete, the state Board of Canvassers will rule on whether voters will see marijuana legalization on the ballot.

"It’s great news, it shows the opposition must feel that we have a well-worded proposal, but that doesn’t mean we’re taking anything for granted," said Josh Hovey, spokesman for the pro-legalization group.

 And just because the group may have won this first battle — it must have 252,523 valid petition signatures to get on the ballot — it does not mean it has won the war.

There are still two groups that have formed to formally oppose the ballot proposal: The Committee to Keep Pot out of Neighborhoods and Schools and the Healthy and Productive Michigan Committee.

Neither had asked to challenge the petition signatures by Friday's 5 p.m. deadline, however.

More: Group seeks Michigan ballot proposal to end gerrymandering

More: Marijuana legalization proposal could add to crowded ballot in November 2018

The first committee is funded by the Michigan Responsibility Council — an organization of businesses that are interested only in medical, not recreational, marijuana. That group is the only contributor so far to the anti-legalization effort with a $5,000 donation, according to campaign finance reports filed with the Secretary of State.

"There are a number of options being looked at" for how the opposition campaign will develop, said Chris DeWitt, spokesman for the committee. "There certainly will be opposition of a robust nature."

The other group — Healthy and Productive Michigan — is bankrolled so far by the group Smart Approaches to Marijuana, a Virginia-based group opposed to the legalization of marijuana, which has kicked in $150,000 to the campaign.

The group, which was founded in 2013 by former U.S. Rep. Patrick Kennedy, D-Rhode Island, and Kevin Sabet, director of the Drug Policy Institute at the University of Florida, has been active in opposing legalization efforts in other states.

Scott Greenlee, spokesman for Healthy and Productive Michigan, said his group kept an eye on the petitions as they were being delivered and figured that the pro-legalization group had gotten enough extra signatures that they would be able to easily qualify for the ballot.

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"So now we’re prepared to take our educational campaign to the voters through November," he said, adding that while the Virginia-based group provided the seed money for the anti-legalization effort, "I have no doubt that there will be a lot of other Michigan-based folks who will step up."

While millions are expected to be spent on both support and opposition of the proposal if it does make it on the ballot, that level of money hasn't materialized yet.

The group pushing the ballot proposal spent most of the $651,736 it had raised so far on paying the National Petition Management team, which collected the signatures for the ballot proposal.

And the Committee to Regulate Marijuana like Alcohol is now in debt to the tune of $257,484 owed to consultants, attorneys and fund-raisers.

"We're focused right now on paying off our campaign debts. But our fund-raising continues to go strong. We have a lot of large and small donors across the state and country," Hovey said. "Ideally, we'd like to raise $8 million for the campaign, but we're aiming at between $5 million and $8 million."

If it makes the November ballot, the proposal would:

• Levy a 10% excise tax at the retail level as well as the 6% sales tax.
• Split the tax revenues with 35% going to K-12 education, 35% to roads, 15% to the communities that allow marijuana businesses in their borders and 15% to counties where marijuana businesses are located.
• Allow communities to decide whether they’ll allow marijuana businesses.
• Restrict possession of marijuana that a person can carry for recreational purposes to 2½ ounces,  but individuals could keep up to 10 ounces in their homes.
• Follow the same type of licensing model that is being used for medical marijuana, which will provide for five categories of licenses  — growers, processors, testers, secure transporters and dispensaries.

Voters in eight states — Colorado, California, Alaska, Maine, Massachusetts, Nevada, Oregon, Washington — and the District of Columbia have legalized the recreational use of marijuana in recent years. Canada has legalized marijuana for recreational use and that market is expected to start up sometime this summer. And Vermont's Legislature approved legalization last month.

The state of Arizona defeated a marijuana ballot proposal in 2016.

The Board of State Canvassers has three ballot proposal petitions to work through and will do them in the order they were received: repealing the prevailing wage, which requires union-scale wages on public construction jobs; marijuana legalization, and shifting the way district lines are drawn for state and federal offices from the political party in power in the state Legislature to an independent commission.

The Board has not set a timeline for when it will consider the three petitions.

Solevo Wellness Opens First Pittsburgh Medical Marijuana Dispensary

In the Pennsylvania city of Pittsburgh, patients will finally have access to medical cannabis. Solevo Wellness has passed its final inspection by the Pennsylvania Department of Health. Patients will now know it as the city’s first-ever medical marijuana dispensary.

Solevo Wellness

When its doors open to the public, Solevo Wellness will be the fourth operating medical marijuana dispensary in Pennsylvania. To celebrate this triumph, Solevo hosted an Open House on February 7th. Over 100 guests were in attendance, including the State Senator Jay Costa, Aids from Representative Dan Frankel and Pittsburgh City Councilman Corey O’Conor.

Also in attendance was a representative of the Squirrel Hill neighborhood, where the dispensary is located. Marian Lien, the CEO of the Squirrel Hill Urban Collective, expressed delight that Solevo Wellness has found a home in the neighborhood.

One of the reasons that the Squirrel Hill community strongly supports the opening of Solevo Wellness’ dispensary is that the company has renovated a building that has been vacant for over a decade. Experts also predict that the new medical marijuana dispensary, located on a major intersection, will revitalize the area.

A Long, Hard Journey

 Solevo Wellness

The process of establishing, licensing and opening Solevo Wellness took 18 months. The company credits much of their success in obtaining the proper permits to their hired industry consultant, Sara Gullickson. She’s the President of Arizona Dispensary Permits. They were also aided by the law firm Buchanon, Ingersoll & Rooney.

Solevo COO Samuel Britz said, “it has been a long, hard journey to get to this point. It took huge efforts by many people in the Solevo Organization.”

He continued, “it started nearly 18 months prior, by retired county executive James Roddey and Nicky Geanopulos, Pittsburgh Insider and owner of the Nicky’s Grant St Restaurant.”

Britz also places credit within the Executive Committee formed by the Chairman of the Board, Dr. Robert Capretto. Britz has said that he believes that Chairman Capretto’s decision to form the committee, as well as their tireless work, was a key factor in Solevo’s success. The other committee members included Medical Executives Lucy Cichon and Kathi Lenart, Attorney Lou Gold and pharmacist Alex Mickalow.

Final Hit:

Solevo Wellness has proven time and time again that they are committed to providing their clients with the best possible team. From a pool of over 900 applications, they hired industry veteran Rocco Levine to manage their dispensary. They also hosted an event featuring Cannabis Pharmacy author Michael Backes that over 60 medical professionals attended. And on February 10th, they will host a seminar conducted by faculty of the University of Sciences.

There will soon be a total of five dispensaries in the city of Pittsburgh. Solevo Wellness predicts that their head start, in addition to their team of industry leaders, will prove advantageous when the other dispensaries open.

Legal Marijuana and Restorative Justice

Restorative justice is an emerging trend in the implementation of marijuana’s legalization.  In other words, how can society make up for the damage caused by prohibition? San Francisco is taking steps to clear convictions for marijuana offenses, utilizing authority provided by the passage of Prop 64 which legalized marijuana in California.

Equal Opportunity Efforts In The Marijuana Industry Throughout California

Efforts are underway to ensure that areas hardest hit by marijuana law enforcement receive equitable treatment. Especially, when it comes industry participation and awarding licenses for retail outlets.

San Francisco

In San Francisco, these goals also include consideration of how to invest marijuana tax revenues. The economic infrastructure in areas hard hit by prohibition is one of the main considerations. Giving priority to providing opportunities to people with prior arrest or convictions for marijuana offenses is another consideration.

A study of these issues in San Francisco notes that the city has been a leader in legalization efforts and that African-Americans have been hardest hit by arrests.  After a review of arrest, election, local economic and cannabis industry data a city report has identified several key barriers to entry into the adult-use cannabis market.  These include financial barriers such as access to capital and real estate, technical barriers involving business ownership and understanding of legal and regulatory issues, the role of criminal background checks in financial and regulatory procedures, and other problems related to geographic placement of businesses and an overall distrust of government.

The San Francisco study reviewed similar efforts in Oakland, Los Angeles, Colorado and Massachusetts. They arrived at 15 findings with numerous recommendations associated with each one to achieve the objectives identified above.  The priority will be to target populations “disproportionately impacted by cannabis prohibition.” Then, make sure they “are not crowded out by more well-resourced applicants.”  The report promotes incubator programs to provide incentives for entrepreneurs and established vendors.  Another policy goal is to promote equitable employment opportunities, targeting formerly-incarcerated individuals and hiring in neighborhoods with high arrest rates under prohibition.

Oakland

The City of Oakland, California based their equity analysis on the identification of “marginalized communities of color based on poverty, recent cannabis arrests and unemployment rates.”  This involved a comparison of the percentage racial groups in the general population with their percentage of total arrests in an area, along with the unemployment rate and poverty rate for the area.

Los Angeles

The City of Los Angeles took a 5-part approach in their equity analysis.  They identified racial disparities, areas with higher cannabis arrests and low-income populations. Then, areas with disproportionate numbers of arrests and high percentages of low-income households were designated as communities eligible for the equity program.

The City and County of San Francisco based their equity analysis on a similar comparison.  First, San Francisco compared census and arrest data to identify communities with “disproportionate levels of cannabis arrests.”

Finally, these areas were “cross-referenced . . . with low-income census tracts.”

Massachusetts’ Race-Neutral Approach

Massachusetts has taken a race-neutral approach to restorative justice. Instead, they’re focusing on assessing which communities have had the highest overall arrest rates for both marijuana and drug offenses. Additionally, incorporating local economic data on unemployment and the number of families living under the poverty level. Then, assessing the impact of prohibition in the past. Unemployment is the final factor Massachusetts will use to designate communities for economic development.

Final Hit: Legal Marijuana and Restorative Justice

All of these efforts provide solid models for the rest of the country as more areas legalize marijuana. The country continues to grapple with making up for the past harms created by marijuana prohibition. Restorative justice is a way to make things right instead of kicking people while they’re down.