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Exploring the Basics of Opening a New Cannabis Related Business
The decision to begin a new business is one that should not be undertaken lightly. There are many things to consider such as, “What should I sell?” or “Who are my customers?” and, “How should I deliver my product or service to my customers?” Now consider the additional challenges if you were operating a business in a regulated industry where a federal, state, or local government determines whether you can even operate your business? Or how much of your product you can sell? Or how the services you offer are required to be delivered. These are some of the challenges facing new companies opening in the burgeoning world of Cannabis-related business and services. Before planning your cannabusiness, you should meet with an attorney near Rockville who can help you understand the business of medical marijuana in Maryland.
Regulations
Although medical cannabis in Maryland is still in its infancy, there is already an astonishing amount of regulations for new Cannabis businesses and their patrons. Once the cultivation centers and dispensaries are operational, all Cannabis-related businesses and services must be in full compliance with existing rules, regulations, and procedures to remain operational. Naturally, a strong relationship with an attorney who is knowledgeable about Cannabis laws, regulations, practices, procedures, and trends will be vital to the long term success of the business.Legal Rights
Despite Maryland’s recent legislation permitting the cultivation and sale of medical Cannabis, it is still possible to run into legal trouble. Unlike other industries, if you are not in compliance with local, state, or federal law, you might be engaging in criminal conduct. As there is so much at stake when beginning a Cannabis business or service, including money, time, and lost opportunity, this is not the time to learn the industry. Rather, this is the time when experienced counsel with experience in all aspects of the Cannabis business will be helpful to guide your decisions and support your business as it grows.Finances
New and prospective business owners operating a Cannabis-related business or service are not immune to the need for capital. Once you or your business receive a license to operate a business in the Cannabis industry, the need for capital will increase as your customer base increases. This need for capital may include a desire for a new location, a need for additional expertise, to hire employees, or to expand facilities. However, unlike most other businesses, you also face the daunting task of paying “sin-taxes” levied by the State, finding a bank that will accept your money, as well as writing off ordinary business expenses due to the federal prohibition on such practice under IRS Code Section 280E. -
Mike Rothman Interviwed by NPR
Attorney Mike Rothman was recently interviewed by NPR for a story about medical cannabis in Washington, DC.
Read and listen to the article here.
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What are the Next Steps in Regulating Marijuana in Maryland?
Maryland took a huge step forward with the passing of the medical marijuana program, but there’s still a long way to go towards marijuana legalization. The stage has been set, and now the framework needs to be built to support a marijuana industry in Maryland. For example, the state needs to determine where to grow marijuana and the criteria for applicants. Watch this video from ABC 2 News to learn more about the next steps in regulating marijuana in MD.
If you are getting into the medical marijuana field, work with a marijuana lawyer in Rockville to ensure compliance with Maryland’s medical cannabis laws. An experienced lawyer can keep you up-to-date regarding national guidelines and statewide laws to keep your legal marijuana dispensary open and out of legal trouble.
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What are the Requirements for Receiving Medical Marijuana in Maryland?
Maryland’s medical marijuana laws changed in 2014 when Governor Martin O’Malley signed House Bill 881 into law. Under the new laws, licensed cannabis dispensaries can provide qualifying patients with medical marijuana as an alternative treatment without concern about fines or other legal consequences. A medical marijuana lawyer in Rockville can help you set up a legal dispensary and sell cannabis to qualifying patients. The requirements for receiving medical marijuana in Maryland include:
Maryland Residency
Only Maryland residents are eligible to purchase medical marijuana from licensed dispensaries in the state. In addition to presenting a valid medical marijuana card, patients must also provide proof of Maryland residency. Acceptable proofs of residency include a driver’s license or other state-issued identification card, a passport, a utility bill, or a bank statement.Qualifying Condition
Maryland marijuana patients must possess a documented condition that has been clearly outlined by the Medical Marijuana Commission and Department of Health & Mental Hygiene’s list of qualifying conditions. Qualifying conditions include cancer, glaucoma, multiple sclerosis, HIV/AIDS, Hepatitis C, Crohn’s disease, Alzheimer’s disease, severe nausea, chronic pain, and epilepsy.Application for Marijuana Card
An individual will need to submit an official application for a medical marijuana card to Maryland’s medical marijuana program. Legitimate medical records and written certification from a doctor must accompany the application as proof of a qualifying condition. Medical marijuana cards are issued by the Medical Marijuana Commission and Department of Health & Mental Hygiene after the application it approved and processed.If you need help complying with Maryland’s complex marijuana regulations, contact a law firm in Rockville that specializes in providing counsel on medical cannabis in the state. A criminal law attorney can also help you in the event that you unknowingly sell cannabis to anyone with an invalid marijuana card.
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Preparing for Your Meeting with a Lawyer
If you’re facing legal troubles and seeking legal representation, make sure you are prepared for your first meeting with a lawyer in Rockville . Being unprepared can be a waste of time for both you and the lawyer, and it may even have an impact on the outcome of your case. In addition to basic contact information, you’ll want to provide your lawyer with a chronological summary of the facts in your case. Also make sure to bring any documents that relate to your legal matter, include contracts, photographs, accident reports, witness statements, and correspondences. Even if you don’t believe a document to be important, your criminal defense lawyer may find it incredibly valuable in mounting your legal defense.
It can also be helpful to prepare a list of goals that you want the lawyer to help you achieve. If you have any questions about what you should bring, call the defense attorney prior to your initial consultation.
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Maryland’s DUI Laws
Being arrested for drunk driving in Maryland can have far-reaching and long-lasting consequences. Even first-time offenses can carry steep fines and prison time if convicted, so contact an experienced and aggressive DUI lawyer in Rockville if you have been charged with driving under the influence. To help you know where you stand, here’s a look at the different charges and penalties under Maryland law.
DUI vs. DWI
Driving under the influence (DUI) is the top alcohol infraction, and it means that your blood alcohol concentration (BAC) posted at a level of 0.08% or higher. People who end up on the lower end of the BAC spectrum but fail on a field sobriety test (administered by a police officer) are charged with driving while intoxicated (DWI). In defending against a DUI or DWI, your criminal defense lawyer will analyze the results of field sobriety tests and/or chemical tests to find weaknesses in the case against you. Your lawyer will use these findings to negotiate down during sentencing or have your case dismissed entirely.DUI Penalties
First offense DUI carries administrative license suspension penalties of six months. Reinstatement will require completion of an alcohol/substance abuse treatment program. An ignition interlock device may be mandated at the discretion of the courts upon reinstatement. First-time offenders also face incarceration for up to one year, with enhanced penalties of up to two years if transporting a minor at time of arrest. Fines and penalties for a DUI conviction amount to $1,000 for a first offense and are significantly higher for second and third offenses. A third offense also carries jail time of up to three years.An experienced DUI/DWI defense attorney in Rockville can help you avoid the most serious consequences of a drunk driving conviction. Schedule your initial consultation as soon as possible after arrest to give your lawyer ample time to formulate an effective defense strategy.
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What Maryland Physicians Need to Know about Medical Marijuana Regulations
In July 2014, the state’s Medical Marijuana Commission released its initial draft of proposed rules for physicians participating in the medical marijuana program in Maryland. Even though the commission’s efforts are receiving mixed reviews, feelings toward medical marijuana in Rockville are mostly positive. The commission published these draft rules to draw feedback from Maryland residents and organizations that are concerned with the structure of the state’s new medical marijuana system.
Training requirement
The commission’s proposed rules have drawn some criticism from a leading advocate. Del. Dan K. Morhaim, a Baltimore County Democrat and the General Assembly’s only physician, objects to thedraft regulations for requiring training and continued education in the medical use of marijuana for physicians interested in providing patients with access to the drug. Morhaim questions the need for requiring physicians to take periodic medical marijuana courses when there is no similar requirement for more dangerous prescription drugs. Morhaim and others fear that this proposed requirement would expose physicians to federal prosecutions and discourage participation in the program.
Feedback
Even though the continuing education requirement has drawn criticism, the commission’s draft rules have received mostly positive reviews. In 2013, the Maryland General Assembly passed regulations so restrictive that no Maryland patient was able to legally acquire the drug. The problem in the previous draft of regulations was restricting the drug distribution to the state’s academic medical centers, none of which showed any interest in participation. The 2014 version removes this barrier and allows nearly any licensed physician to prescribe medical marijuana . -
Understanding Maryland’s Medical Marijuana Regulations [INFOGRAPHIC]
There are 23 U.S. states that have laws legalizing medical marijuana, with the addition of Washington, D.C. and Guam. Maryland passed a medical marijuana bill in 2014 after much debate. Currently, there are not any medical marijuana dispensaries open in the state, but it’s expected that licenses will be granted in 2015. Neither patients nor caregivers are legally allowed to grow medical marijuana themselves; instead, it must be provided by a state-licensed dispensary. Growers must pay $250,000 for a two-year license, while dispensaries have to pay $80,000 for the same. Take a look at this infographic to learn more about regulations on medical marijuana in Maryland, and how they stack up to other states. If you are considering getting into cannabusiness, it’s easy to see why you need a lawyer with expertise in marijuana legalization in Rockville . Please share with your friends and business associates.
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Can Medical Marijuana Help with Epilepsy?
Across the country, states have authorized medical marijuana prescriptions to patients suffering from debilitating conditions, including epilepsy, cancer and post-traumatic stress disorder. In 2014, Maryland passed legislation for marijuana legalization in Rockville and across the state. While researchers have focused their studies toward the effects of marijuana on adult patients, doctors are now prescribing medical marijuana to children with similar debilitating conditions.
As this CNN report illustrates, marijuana legalization has helped young patients suffering from catastrophic epilepsy. In particular, this video shares a father’s experience in administering a form of marijuana that doesn’t get his son high, but effectively treats his seizures. After switching from other medications to medical marijuana, this six-year-old patient was able to trade taking 22 pills per day to one a half marijuana pills per day. As a result, he is able to play, laugh and eat like other six-year-old boys.
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Defining White Collar Crime
The term white-collar crime was coined in 1939, but the phrase now refers to a range of fraud crimes involving government or business professionals. White-collar crimes near Rockville are not victimless crimes, as a single financial scam can potentially destroy a company or cost a family its entire life savings. With technology continuously progressing, white-collar crimes have become more sophisticated than ever before.
Telemarketing, advance fee, and identity theft are some of the most common scams facing consumers today. In a telemarketing scheme, the caller asks the victim to provide personal or financial information. Some warning signs that the telemarketing call is a scam is the caller urging the victim to “act now,” offering a free gift, or saying the victim doesn’t need to check out the company with anyone. In identity theft white-collar crimes, perpetrators assume their victims identities to commit fraud or other criminal acts. To prevent identity theft, attorneys recommend keeping ATM receipts, credit statements, and bank statements in secure places instead of throwing them away. In an advance fee scheme, the victim pays someone a fee in anticipation of receiving a large sum of money. This scam can be avoided by staying away from opportunities that appear too good to be true.