The governor of California’s trailer bill known as Senate Bill 94 passed, which married the Medical Cannabis Regulation and Safety Act (MCRSA) and the Adult Use of Marijuana Act (AUMA). The regulations under the MCRSA have been scrapped and state regulators are furiously trying to draft emergency regulations for the cannabis industry. State licensing is fast approaching, with regulators informing … Read More
Recent Medical Board Matters
For medical care providers who see patients and write prescriptions for pain management, the opioid epidemic is at the forefront of the practice of medicine—particularly here in Humboldt County. Recent opioid overdose data suggests an estimated 26 opioid overdose deaths in Humboldt County in 2016. That’s one of the highest rates in California (per 100,000 residents), with the majority of … Read More
Maybe Not So “Inevitable” After All – First District Court of Appeal Says “No” to Prosecution’s Claims of Inventory Search and Inevitable Discovery
One of the most common motions a criminal defendant and his or her attorney might bring is a motion to suppress evidence that was illegally obtained by law enforcement in violation of the defendant’s constitutional protection against warrantless, unreasonable search or seizure. This constitutional right is guaranteed by the Fourth Amendment. Instead of seeking and obtaining a search warrant from … Read More
California Cannabis Unions
The passage of California’s Senate Bill 643 established a comprehensive licensing and regulatory framework for the cultivation, manufacture, transportation, storage, distribution, and sale of medical cannabis. The new law provides that all state commercial cannabis applicants or licensees with 20 employees or more (not counting some management) must operate under a Labor Peace Agreement (“LPA”). This requirement includes all types … Read More
Digital Assets and Estate Planning
It is important to recognize and identify digital assets in your estate planning. Digital assets include digital files (stored through a cloud service or stored locally), websites, email, social media and other online accounts. You should consider preparing a current list of your online accounts and other digital assets to include with your estate planning documents. You should also consider providing your … Read More
State Withdraws MCRSA Regulations
As a result of the passage of the Medicinal and Adult Use Cannabis Regulation and Safety Act, signed into law by Governor Jerry Brown on June 27, 2017, the Department of Consumer Affairs’ Bureau of Cannabis Control, Department of Public Health, and Department of Food and Agriculture withdrew the proposed regulations developed under the prior Adult Use of Marijuana Act … Read More
Janssen Malloy LLP Supports Humboldt County Teen Court
Janssen Malloy LLP is proud to support Humboldt County Teen Court via financial donations and by mentoring teen court volunteers. Teen Court, a program run through he Boys and Girls Club of the Redwoods, is a diversion program for first time juvenile offenders. Teen Court is run entirely by teens who are trained and volunteer to serve as jurors, attorneys, … Read More
Recommending Medical Cannabis in California
The Compassionate Use Act of 1996 provided seriously ill Californians with the right to obtain and use cannabis for medical purposes when it has been recommended, under certain circumstances, by a physician who is the patient’s attending physician. The recent passage of California’s Senate Bill 643 established a more comprehensive licensing and regulatory framework for the cultivation, manufacture, transportation, storage, … Read More
Using Restraining Orders to Deal with Threatening Neighbors and Other Harassment
A frequent call a general practice attorney or law firm like Janssen Malloy LLP might receive, unfortunately, is from an individual who feels harassed because he or she has been threatened by a neighbor, coworker, or some other relation. The neighbor scenario can be particularly vexing, because all too often a disagreement about a property boundary line, easement, fence, or … Read More
Trying the All-Too-Common Dog Bite Case
In 2009 the Centers for Disease Control and Prevention studied the incidence rate of dog bites and found that an estimated 4.5 million dog bites that occur annually nationwide result in over 300,000 hospital emergency department (ED) visits. An ED visit following a dog bite is on average about 50% more expensive than for any other reason. A 1932 California law, … Read More