The Law Offices of Omar Figueroa is a boutique California law firm focusing on cannabis law. We fight for justice and human rights, and advocate passionately for our clients every step of the way.
As local authorities begin drafting and, in certain circumstances even finalizing, local ordinances for cannabis licensing, prospective licensees are faced with a number of considerations about how to structure their company so as to optimize the likelihood of obtaining a license. One factor several jurisdictions, such as Sonoma County, have […]
Court update from the San Diego hearing in the Jessica McElfresh case, which took place on July 7, 2017 in Department 36 on the third floor of the Main Courthouse located at 220 West Broadway, before the Honorable Laura Halgren. BACKGROUND Jessica McElfresh is a well-known San Diego lawyer who […]
Santa Rosa released their draft comprehensive cannabis ordinance on June 30, 2017. The draft is more permissive than most in the North Coast area, and indicates Santa Rosa’s desire to become a hub for Northern California cannabis activity. (See here for a draft land use policy chart.) The draft ordinance would allow for all license types […]
Bank of America has been named as a defendant in the civil RICO (“Racketeer Influenced and Corrupt Organizations Act”) lawsuit filed in federal court in Oregon in June of 2017. This will send shock waves through the financial and insurance industries: “Defendant Bank of America, N.A. (“Defendant Bank of America”) […]
(Original article here) When I worked in New Orleans as an online reporter most of my work was in the criminal justice arena—police, the courts, the notorious Orleans Parish Prison. It was intense and difficult work at times and as a newcomer to that city around 2009 I arrived in […]
Legal marijuana is in the air across California, but local and state law enforcement agencies say they won’t retire their pot-sniffing narcotics dogs anytime soon. At first, it might seem like California’s legalization of recreational pot would render canine units’ weed-sensitive noses obsolete. Indeed, some dogs are being pulled from […]
Last week, Santa Rosa voters approved a cannabis business tax (“Measure D”) that applies to commercial medical cannabis businesses within the city. The measure received nearly 78% of the vote, indicating that Santa Rosa residents see the value that the cannabis industry brings to the city. Santa Rosa officials cited […]
WARNING: New Proposition 65 Notice Requirements Coming Soon! May 24, 2017 OVERVIEW California’s Proposition 65, a voter initiative passed in 1986, created the Safe Drinking Water and Toxic Enforcement Act (Health & Safety Code § 25249.5 et seq.), which requires that the seller of a product that contains chemical(s) […]
One way to challenge California’s proposed medical cannabis regulations is to argue that the record of rule making fails to establish the need for a particular regulation. California Government Code § 11349(a) defines necessity in the context of proposed regulations: “‘Necessity’ means the record of the rulemaking proceeding demonstrates by substantial […]
The proposed medical cannabis regulations released by California’s medical cannabis regulatory agencies — the Bureau of Medical Cannabis Regulation (BMCR), the Department of Food and Agriculture (CDFA), and the Department of Public Health (CDPH) — would require licensees to submit a new application any time there is a change […]