Since the passing of the Medical Marijuana Act in 2016 and the removal of Hemp from the Controlled Substances Act in the Farm Bill in 2018, individuals and entrepreneurs in Pennsylvania are getting more and more involved with cannabis. However, navigating these acts and what is legal can be difficult—that’s where CDM Law comes in. From illegal possession to running a cannabis business, CDM Law can help you with any cannabis legal issues. Here at CDM LAW, we believe in fighting for our clients against unjust laws. Mr. Mandracchia is a lifetime member of NORML and has spent years learning and becoming educated on cannabis laws, history, and the cannabis industry. CDM LAW advocates for cannabis law reform and strive to help those who are being persecuted and discriminated against. We represent businesses and individuals who are in need of legal representation for cannabis related matters.
Disclaimer: Cannabis, other than hemp, is a schedule one controlled substance under Federal Law and is illegal. However, Cannabis is legal for medicinal use, if prescribed, in Pennsylvania. CDM Law assists clients dealing with actions and consequences for both legal and illegal cannabis use but does not condone any illegal uses. You should consult with an Attorney to more fully understand the laws in your jurisdiction.
CDM LAW believes in advocating for change through challenging the laws and statutes and is here to help you with all of your cannabis matters.
From Cannabis Business Guidance to Marijuana Legal Support, CDM Law is here to help.
Marijuana is defined as: “Marihuana” consists of all forms, species and/or varieties of the genus Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin; but shall not include tetrahydrocannabinols, the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, cake, or the sterilized seed of such plant which is incapable of germination.” 35 PS 780-102.
Regulation of Cannabis
The earliest efforts to regulate narcotics in the United States involved labeling and taxation. In 1915, Congress enacted the Federal Narcotics Internal Revenue Regulations, commonly called the Harrison Narcotics Act. The bill was a tax measure, drafted to license and tax importers, manufacturers, sellers and dispensers of opium or cocaine. Marijuana was specifically regulated when Congress enacted the “Marihuana Tax Act of 1937.” The Marihuana Tax Act required medical and industrial Marijuana users to register and pay a tax of one dollar per ounce, and Marijuana used for recreational purposes was taxed at $100 per ounce. In 1970, after declaring a national “war on drugs,” Congress enacted the Comprehensive Drug Abuse Prevention and Control Act of 1970, which “…consists of three titles. Title I relates to the prevention and treatment of narcotic addicts through HEW (now the Department of Health and Human Services) 84 Stat. 1238. Title II… addresses drug control and enforcement as administered by the Attorney General and the DEA. Id., at 1242. Title III concerns the import and export of controlled substances. Id., at 1285.”
Currently, The United States Federal Government regulates Marijuana under the Controlled Substance Act (CSA), 21 USC 811. The main objectives of the CSA were to conquer drug abuse and to control the legitimate and illegitimate traffic in controlled substances.
The CSA placed all medications and drugs of abuse into five categories based on three factors: (1) medical utility, (2) abuse potential, and (3) safety of use under medical supervision. Schedule I is the most restrictive category, Schedule V the least restrictive.
Congress laid out the findings required for each of the five schedules. Unless controlled by an international treaty, convention, or protocol in effect on October 27, 1970, the CSA requires scientific findings to place a substance into a schedule. Schedule I drugs must have a high potential for abuse, no currently accepted medical use in the United States, and a lack of accepted safety for use under medical supervision. Schedule V drugs contain low potential for abuse relative to the Schedule IV drugs, a currently accepted medical use in the United States, and abuse leading to limited physical dependence or psychological dependence relative to the Schedule IV substances.
DEFYING LOGIC AND THE FACTS, MARIJUANA IS A SCHEDULE ONE CONTROLLED SUBSTANCE.
Why is it called Marijuana?
Why are there so many names for Marijuana? Marijuana/Marihuana and Hemp are all derived from the Cannabis Plant. However, it is the opinion of CDM LAW based off of much research that Marijuana is a word used based off of racism. In the early 1900s “marijuana” didn’t exist as a word in American culture. Rather, “cannabis” was used, most often in reference to medicines and remedies for common household ailments. Cannabis was used as a common medicine at the time. However, for many reasons and due in part to Harry Anslinger, Richard Nixon, and the “reefer madness” era, the medicine cannabis was now called “marijuana” or “marihuana” for the negative connotations associated with the words. Specifically these words were believed to be used for a racially discriminatory purpose.
Unlawful Possession of Marijuana
If you are caught with unlawful possession of marijuana, whether on your person, in your car, or in your home—and it is confirmed that it is yours—you could be facing expensive fines and even jail time. If you do not have a medical marijuana card then you are not allowed to possess marijuana in Pennsylvania. CDM LAW focuses on all issues pertaining to cannabis, and CDM Law will help fight your cannabis charges with passion and understanding of the laws and the industry.
Manufacture/Distribution of Marijuana
You are not allowed to grow or sell marijuana in Pennsylvania without proper authority. Marijuana is still a schedule one controlled substance so, it is not a joking matter if you are charged with Possession with Intent to Deliver or Delivery/Manufacturing of Marijuana.
DRUGGED DRIVING – CANNABIS RELATED
3802(D) states that is illegal to drive a motor vehicle on a roadway with any amount of schedule one controlled substance in your system. However, you can use marijuana if you have a medical card, or if you are in a state that has legalized it for recreational purposes. That being said, if you are driving a car and you smoked marijuana recently (up to a few months previous) you could still be found guilty of DUI for having marijuana in your system. CDM LAW focuses on drugged driving cases, and advocates for the unconstitutionality of the 3802(D). Pennsylvania penalizes the legal use of cannabis through this statute. You need to understand your rights, and the lack of science supporting the evidence and laws used to convict you.
Drug Recognition Expert
Most of the DRE procedures are not scientifically validated and do not accurately predict use of cannabis. Some signs (evidence) that are not based in science that the Commonwealth may try to use against you: Body tremors/eye lid tremors; Rebound Dilation; Dilation of Pupils; and “Green tongue.” A DRE is not an “expert” in cannabis, but the Commonwealth may use one against you. You need someone who understands cannabis to help you fight your case.
Legal Action for Cannabis Business Ventures
Because CDM Law focuses on cannabis law, you can rest easy knowing that you, your employees, and your business are in good hands. CDM Law handles the following cannabis cases:
We can help you form a business entity to begin your cannabis venture. Whether you want to a vertically integrated corporate structure or a simple LLC, we at CDM LAW can help you with the process.
CDM Law will help you apply for the following cannabis business licenses:
- Cannabis retail store (dispensary)
- Application process
- Medical marijuana card
If you’re looking to start a cannabis-related business, CDM Law will make sure you have all of the documentation that Pennsylvania state requires. Our cannabis documentation services include, but are not limited to, the following:
- Obtaining a cannabis business license
- Transferring your business location
- Transferring business ownership
- Corporate structural changes
Every business requires specific tax documentation that is important for its compliance and to avoid being audited by the IRS—this is especially true for cannabis companies. We are not tax attorneys, but we will hire and/or help you find a tax attorney or accountant that can assist you with your cannabis tax compliance issues.
Are you operating a retail store or cannabis related business? Are you involved with CBD or HEMP? In this ever-changing world of cannabis, the laws are not always clear and must be carefully analyzed to make sure that you and your business are in compliance with the laws. CDM LAW can help you with your cannabis compliance needs. We can also help you with CBD and HEMP compliance.
Whether you need help with your cannabis business’s compliance or guidance with aspects of its regulations, CDM Law can help with the following regulation laws:
- Fume and smoke regulation
- Marijuana waste (liquid and solid)
- Safety regulations for dangerous solvents
- Seed to Sale
- Visitor registration
- Recall plans
If you or someone you know is in need of legal representation for a cannabis-related issues, contact CDM Law today!