Los Angeles Times Reports Eureka is Birthplace of California's  (Racist) Housing Crisis

"Article 34, which remains in effect, requires voter approval before public housing is built in a community. At the time it passed, the real estate industry argued taxpayers should have a right to vote on low-income housing projects because they were publicly funded infrastructure similar to schools or roads. The campaign also appealed to racist fears about integrating neighborhoods and featured heated rhetoric about the need to combat socialism." 

On February 3, 2019, the LA Times reported, Article 34 grew out of a fight in the northern coastal city of Eureka in 1950. Residents there collected signatures to overturn a decision to build public housing financed by a federal program inaugurated during the New Deal. Eureka unfortunately remains racially, and demographically divided. Nonwhite residents under 50 years-old consistently report being excluded from participating in Eureka events. Eureka received national attention because a local "progressive" group was excluding nonwhites, whether intentional or not.

We receive complaints younger people are also being excluded while other young people appear to have cult like allegiance to these groups. Calling themselves environmentalists some groups have joined forces with slumlords in Eureka to prevent any low-income housing from being developed. Eureka's politicians are often backed by the same lawyers and bankers each election. Rumors are circulating local grants are being channeled to benefit national political parties while Eureka falls into disrepair.

February 3, 2019

Fred Fletcher 

California Proposes Reducing Cannabis Taxes to Fight Illicit Market 

Assembly Bill 286, dubbed the Temporary Cannabis Tax Reduction bill, would temporarily cut state excise taxes for legal marijuana retailers from 15 percent to 11 percent and also suspend cultivation taxes altogether through 2022.  The proposed legislation, which is sponsored by state Treasurer Fiona Ma.  “The whole aim of legalization is to compete with the illicit market and to get people to buy from the regulated establishments,” he said. “You can’t do that if the taxes are so high and onerous that people are driven out of that market.”

This is at odds with the taxing scheme in Humboldt were the black market is estimated to be 1,500% larger than the white market.  Yesterday, the Court refused to dismiss the Measure S lawsuit attorney Eugene Denson and I filed. The lawsuit seeks to return the tax to a crop tax as approved by the voters. The suit challenges the constitutionality of an amendment our county supervisors made to impose the tax whether or not plants are grown. 

Fred Fletcher

January 29, 2019

Human Rights Update

Judge, Haywood S. Gilliam Jr. of the US District Court in Oakland, on Sunday granted a request by more than a dozen states to temporarily block the Trump administration from putting into effect new rules that would make it easier for employers to deny women health insurance coverage for contraceptives. 

Saul Loeb/AFP/Getty Images

New Laws in California for 2019

Farm Employee Overtime

In 2016, California became the first state in the U.S. to require employers to pay overtime for farmworkers who work more than eight hours. The first phase of the new rules will begin in January, when agricultural employees will earn overtime after working 9 1/2 hours in a day or 55 hours in a week. Currently, California farmworkers can get overtime after working 60 hours in a week or 10 hours in a day.  The change only applies to businesses that employ at least 26 people. The rules do not apply to smaller agricultural employers until 2022. Discloser, our office consults with agricultural employers on compliance matters and we represent employees on wage and labor claims. Aside from wage and hour claims, sexual harassment and discrimination are constant concerns on the farm. 

Street Vendor Permits

A law going into effect in January will allow local governments to design permit programs for vendors and limits when they can be criminally prosecuted. It pertains to anyone selling food or other merchandise from a pushcart, stand or “non-motorized conveyance.” I anticipate the City of Eureka will embrace this new law and its economic benefits. I predict the County will ignore this law until the County is forced to follow it by a judge.  

Home Kitchen Businesses

A new law encourages Counties (like Humboldt) to permit home kitchens for the purpose of selling food products. California Assembly member Eduardo Garcia, who authored the bill, says that homemade food sales are a vital part of self-reliant communities. “Legitimizing these home businesses will offer a means of economic empowerment and pathways for many to achieve the ‘American dream,’” Garcia said when the bill was signed. Humboldt historically resists new opportunities which provide residents access to residual income. Perhaps after the County Supervisors election in 2020 progress will be made on this front.  

Fred Fletcher

January 17, 2019

The Measure S Lawsuit

Measure S is the cannabis cultivation tax the voters passed. We are challenging the County Supervisor's decision to amend Measure S as passed by the voters. The Supervisors amended the tax to apply to the property owner, not the farmer, and regardless of whether any crop is grown.  

Yesterday, we filed our response to the County's demurrer to the Measure S lawsuit. (Set to be heard January 28, 2019.) The County hired a large Sacramento Firm (founded the year I was born) to defend the lawsuit. They argue it's impossible to tax farmers for the actual crop grown because the County can't verify how much was grown. We informed the Court, governments since the beginning of governments have taxed farmers for crops actually grown, and we cited the Book of Genesis as our evidence.  

The amendments by the Supervisors have been misreported. The Supervisors amended Measure S to tax the permitted area regardless of the amount of crop grown.  As such, the supervisors have amended the tax to be assessed against fallow land, without regard to crop grown. We provided the Court authority that Measure S as amended is a property tax and is unconstitutional. We ask the Court to return Measure S to its original state which acted as an excise tax on legal crop actually grown. 

We will update this one. 

Fred Fletcher

January 15, 2019


County Supervisor's Can't Silence Critics, including Humboldt's Supervisors. 

In a 3-0 decision, the 4th U.S. Circuit Court of Appeals said Phyllis Randall, chair of the Loudoun County Board of Supervisors, violated the First Amendment free speech rights of Brian Davison by banning him for 12 hours from her “Chair Phyllis J. Randall” facebook page.

Last election my office received a few complaints from citizens who were censored for making comments critical of politicians, on the left and right (somehow our local politics are becoming politically polarized). Now these citizens may have recourse. This First Amendment decision could impact local elections nationwide by allowing the public to be heard.    

Fred Fletcher

January 8, 2019

Update on Nation v Trump filed in the 9th Circuit

This lawsuit challenges HUD's rule which forces subsidized apartments to evict medical cannabis users. Plaintiff was evicted from her HUD apartment on July 10, 2018 when a maintenance man discovered some medical cannabis in her bedroom. She remains homeless and is not alone.

The lawsuit not only challenges HUD's rule but relies upon Murphy v NCAA (decided May 2018) to challenge the constitutionality of the Controlled Substance Act itself relative to medical marijuana in the State of California. The Supreme Court in Murphy v NCAA resurrected from near death the anti-commandeering doctrine, which in laymen's terms means the Congress cannot make orders directly to the States. 

We are optimistic this lawsuit will prevail. If the District Court issues an order in our favor appealing the decision would pose a political pitfall for the Trump administration. 

I will update this one.

January 3, 2019

Fred Fletcher 

Update on Volkswagen Diesel Fraud Case

We filed an action in Butte County on May 17, 2018 with the intent of having a jury decide punitive damages. We would be the first party to bring the defeat device case to jury trial.  Peer reviewed studies proved thousands of people with lung diseases died from the fraud.  

 

Showing Tag: "marijuana" (Show all posts)

San Diego DA’s Prosecution of Cannabis Attorney Has Sent Chills Through the Legal Community

Posted by Lacy Fletcher on Thursday, August 10, 2017, In : Cannabis Regulation 

Jessica McElfresh, a San Diego lawyer experienced in cannabis law, is facing multiple felony charges.

Republished from Voice of San Diego.
By Jonah Valdez

On July 7, dozens of attorneys filled the seats of a small San Diego courtroom. The attorneys were attending a hearing for one of their own, Jessica McElfresh, a San Diego lawyer experienced in cannabis law.

McElfresh is facing multiple felony charges.

What drew most attorneys to court that day was something they consider sacred: the attorney-cl...


Continue reading ...
 

California is working to avoid a shortage of legalized marijuana, state pot czar says

Posted by Fred Fletcher on Saturday, July 29, 2017, In : Cannabis Regulation 
Los Angeles Times reports with Nevada suffering a shortage of legalized marijuana, California’s state pot czar said Wednesday that efforts are being made in her state to make sure sufficient licenses go to farmers, testers and distributors to supply retailers.

Providing temporary, four-month licenses to support some businesses including growers is planned “so we don’t have a break in the supply chain,” Lori Ajax, chief of the Bureau of Medical Cannabis Regulation, said in testimony at ...

Continue reading ...
 

SB 94

Posted by Lacy Fletcher on Monday, June 19, 2017, In : SB 94 
Bill  No: SB 94

DIGEST: This bill is the cannabis trailer bill for the Budget Act of 2017. This bill establishes a single system of administration for cannabis laws  in  California.  It contains changes related to the Budget Act of 2017 that are necessary for state licensing entities to implement a regulatory framework pursuant to the Medical Cannabis Regulation and Safety Act (MCRSA), established by AB 266 (Bonta, Chapter 689, Statutes  of 2015),  AB 243 (Wood, Chapter 688,  Statutes  of 2015...

Continue reading ...
 

BUREAU OF MARIJUANA CONTROL PROPOSED TEXT OF REGULATIONS

Posted by Lacy Fletcher on Saturday, April 29, 2017, In : Cannabis Regulation 
BUREAU OF MARIJUANA CONTROL
PROPOSED TEXT OF REGULATIONS
CALIFORNIA CODE OF REGULATIONS
TITLE 16
DIVISION 42. BUREAU OF MARIJUANA CONTROL
CHAPTER 1. GENERAL PROVISIONS APPLICABLE TO
ALL BUREAU OF MARIJUANA CONTROL
APPLICANTS AND LICENSEES
Article 1. General Provisions
§ 5000. Definitions
For the purposes of this division, the definitions in this section shall govern the construction of this division unless otherwise indicated.
(a)
“Act” means the Medical Cannabis Regulation and Safety Act.
(b)
“Addr...

Continue reading ...
 

Rio Dell Cannabis Ordinance No. 342-2016

Posted by Lacy Fletcher on Sunday, April 2, 2017, In : Rio Dell 

ORDINANCE NO. 342-2016

An ordinance establishing Section 17.30.195 of Title 17 of the Rio Dell Municipal Code relating to the Commercial Cultivation, Processing, Manufacturing and Distribution of Cannabis for Medical Use.

The City Council of the City of Rio Dell ordains as follows:

WHEREAS, California Government Code Section 65850, et seq. authorizes counties and cities to regulate land use, including agriculture, and to adopt and amend zoning ordinances for such purposes, and sets forth procedu...


Continue reading ...
 

The Business of Bubbles

Posted by Fred Fletcher on Friday, February 3, 2017, In : Business 
The first recorded financial bubble was the tulip bulb mania of 1637.  A crave over Europe drove the price of tulip bulbs to ridiculous heights. Some single bulbs sold for the modern day equivalent of millions of dollars. A traders' market resulted with speculators. Many people became wealthy overnight. But one day a single bulb failed to sale at the market, and the market collapsed in hours. Many lost everything. 



The same dynamics which created the Tulip bubble were responsible for the tech ...
Continue reading ...
 

New Bill aims to Protect Branding in Humboldt

Posted by DeLacy Fletcher on Thursday, January 26, 2017, In : Marijuana Regulation 

No. 175
Introduced by Senator McGuire

January 23, 2017


An act to amend Sections 19332.5 and 26063 of the Business and Professions Code, relating to marijuana.


LEGISLATIVE COUNSEL'S DIGEST


SB 175, as introduced, McGuire. Marijuana: county of origin: marketing.
The Medical Cannabis Regulation and Safety Act (MCRSA) provides for the licensure and regulation of medical marijuana, which responsibility is generally divided between the Bureau of Marijuana Control within the Department of Consumer Affairs,...

Continue reading ...
 

Wine Industry Concerns by Fortune

Posted by DeLacy Fletcher on Tuesday, January 24, 2017, In : Business 
The U.S. wine industry is poised for another banner year in 2017. Sales are projected to rise by as much as 6% and the total harvest in California—by far the largest wine-producing state—should climb 7% to nearly 4 million tons crushed. The coveted millennial generation is increasingly paying more attention to wines.

Those trends all imply that the wine industry is crushing it. Higher sales, mostly fueled by "premium" priced wines at $9 or higher, bode well for big producers like E&J Gallo...

Continue reading ...
 

California’s marijuana czar on upcoming marijuana regulation: ‘We will not fail’

Posted by DeLacy on Saturday, January 21, 2017, In : Marijuana Regulation 

“Our goal is to make this business legitimate,” Morris told the crowd. “What we’re working for is a legitimate marketplace.”


Under both the state’s medical marijuana regulations and Proposition 64, California must be ready to issue licenses by 2018 for thousands of businesses operating in California, home of America’s largest marijuana economy.

Proposition 64 will create 19 new license categories for recreational marijuana while establishing a 15 percent excise tax on retail sales...


Continue reading ...
 

Is forming a Non-profit Marijuana Business Stupid?

Posted by Fred Fletcher on Friday, November 25, 2016, In : Marijuana Non-profit 
Humboldt criminal lawyers are preparing for a career change with cannabis becoming legal in California. As a civil and business attorney for 12 years, it is alarming to see all the rookie mistakes being made. 



Some cultivators with sizable operations are being advised to form non-profits. This could be disastrous. The State of California is no longer playing dumb. The State realizes most marijuana businesses are for-profit. AB 266 and proposition 64 both recognize cannabis businesses are for-p...
Continue reading ...
 

From Our Friends at the Cannabist

Posted by DeLacy on Thursday, October 27, 2016,

Coveted cannabis: Why California weed growers are pursuing appellations like wine makers
By , The Cannabist Staff

2017 could be a pivotal year for marijuana growers and consumers alike in California – and particularly in the state’s fabled Emerald Triangle region.

If California voters approve a recreational legalization measure next month growers in Mendocino, Humboldt and Trinity Counties — the area making up the Emerald Triangle — will face a variety of new dilemmas.


Continue reading ...
 

Humboldt’s Experiment with ‘Track and Trace’ Marijuana

Posted by Fred Fletcher on Tuesday, October 25, 2016, In : Track and Trace 
As legal states for medical and recreational marijuana continue to expand across the United States, the regulatory regimes overseeing the production and sale of pot are getting more sophisticated. In California’s Humboldt County (reputed as part of the Emerald Triangle, the largest cannabis-producing region in the country), the county government is currently operating a pilot program to “track and trace” legal medical marijuana from grower to dispensary to patient.

While “seed to sale...

Continue reading ...
 

Humboldt and Proposition 64

Posted by Fred Fletcher on Tuesday, October 25, 2016, In : Recreational 

The Times Standard has improved since editor Kimberly Wear resigned after our complaints she was promoting local scams to unsuspecting consumers. As reported in the Times Standard this week: 

"Should recreational marijuana (Proposition 64) become legal in California this November, Humboldt County officials state that regulations for this new market will likely mirror those already in place for medical cannabis businesses...But because of a July court agreement, the county will have to first co...


Continue reading ...
 

"Fuck It" Reporter to Face 24 Years in Prison

Posted by Fred Fletcher on Saturday, October 1, 2016, In : Charlo Greene 

Although reporter turned marijuana advocate Charlo Greene launched into infamy a couple of years ago when she said “Fuck it, I quit” during her final newscast on Alaska’s KTVA, very few people are aware that she is currently at risk of being sent to prison for the next two decades for “misconduct involving a controlled substance.”

Greene could have avoided prosecution by properly incorporating which should cost a couple hundred dollars at most. Green was apparently too busy meeting w...


Continue reading ...
 

Proposition 64 the Adult Use of Marijuana Act

Posted by Fred Fletcher on Wednesday, September 14, 2016, In : Proposition 64 
The Adult Use of Marijuana Act is poised to pass this November in California. Prop 64 provides a comprehensive regulatory scheme for the cultivation, manufacturing and retail sale of cannabis. It also imposes taxes of $9.25 per ounce for flowers and $2.75 per ounce for leave. 

With the recent gun ban for 215 card holders recreational marijuana has a huge advantage. Consumers not cultivators will shape this new industry. Consumers shape every industry and the marijuana industry will be the same...
Continue reading ...
 

California Bill allows Landlords to Ban Smoking Medical Cannabis

Posted by Lacy Fletcher on Thursday, April 28, 2016, In : Medical Marijuana 

SACRAMENTO, Calif. (CN) — With California voters preparing to decide on whether to legalize recreational marijuana this November, a state lawmaker pushed a bill to allow landlords to ban medical marijuana use in their rental units.


Assembly Bill 2300 (AB 2300) would expand a current state law that gives landlords the authority to prohibit cigarette smoking on their properties to include medicinal marijuana as well. The measure authored by Jim Wood passed its first Assembly committee unanim...


Continue reading ...
 

Bob Marley Family Approved Humboldt Cannabis Lights Up Dispensaries

Posted by Lacy Fletcher on Thursday, April 21, 2016, In : Marley Natural 

Marley Natural cannabis products, made from organic Humboldt County crops, have launched in Bay Area dispensaries.

Four strains of cannabis and four types of cannabis oils are now available for purchase to patients at Harborside Health Center in Oakland, CBCB in Berkeley and SPARC in San Francisco.



The products launched at three dispensaries in Los Angeles earlier this year, utilizing cannabis grown in Southern California. The Marley Natural cannabis stocked in Bay Area dispensaries comes f...


Continue reading ...
 

New Czar says Medical Marijuana bigger than Liquor

Posted by Lacy Fletcher on Wednesday, April 20, 2016, In : Lori Ajax 

The newly appointed chief of the Bureau of Medical Marijuana Regulation predicts licensed pot businesses soon might rival or even outnumber sanctioned booze businesses in California.

“I do think we’re going to have a big licensing population here in California as it relates to cannabis,” Lori Ajax said.


There were 88,490 active alcohol licenses last year. That indicates Ajax – a.k.a. “the pot czar” – will have a big task before her and a lot of eyes on her, with California alr...


Continue reading ...
 

Economically Depressed Cities Turning to Cannabis

Posted by Lacy Fletcher on Friday, April 15, 2016, In : Commercial Cannabis 
Adelanto, California is a dusty desert town just west of Interstate 15. Since the 1992 closure of George Air Force Base (once the area’s main employer), the town has struggled mightily to find a steady source of income.

There was an expensive but failed attempt to build an international passenger airport on the shuttered base. A Chinese-backed venture called Da Zhong Hua Wholesale Town broke ground but faltered. Even the local minor league baseball team turned into a costly burden.

The only i...

Continue reading ...
 

PPIC: Regulation Marijuana in California

Posted by Fred Fletcher on Friday, April 8, 2016, In : Marijuana Regulation 
Fresh off the press. Click here to download. 



Continue reading ...
 

FDA warns cannabis companies selling CBD supplements

Posted by Fred Fletcher on Wednesday, March 9, 2016, In : Cannabis Regulation 

The United States Food and Drug Administration (FDA) has issued another round of legal warnings to companies marketing products that contain cannabidiol (CBD), a compound found in marijuana.

The FDA issued similar warning letters to six companies last year.

The warning letters criticize the products for not containing the amount of CBD they claim to. They also take aim at health claims the companies have made about those products.

As Alan Brochstein explains in New Cannabis Ventures, companies a...


Continue reading ...
 

California lawmakers propose 15 percent marijuana sales tax

Posted by Lacy Fletcher on Monday, February 15, 2016, In : Marijuana Regulation 

SACRAMENTO — California would levy a new 15 percent tax on medical marijuana sales to enforce new regulations and pay for state programs, rehabilitation and parks under a bill introduced Wednesday.

The Marijuana Value Tax Act could bring the state more than $100 million in new revenue. The tax was anticipated after the state passed historic regulations last year that require state and local licenses for medical marijuana businesses under the new Bureau of Medical Marijuana Regulations.

“Now...


Continue reading ...
 

Home Marijuana Humboldt marijuana growers lead in water program participation

Posted by Lacy Fletcher on Monday, February 15, 2016, In : Cannabis Regulation 

Will Houston reports: 

Humboldt County accounted for the majority of 51 medical marijuana growers who have chosen to enroll in the North Coast’s mandatory water quality protection program that hopes to serve as a model for California.

As to whether this enrollment number met his expectations, water resource control engineer Kason Grady of the North Coast Regional Water Quality Control Board said there are still several applications to be processed and assured they will have more growers signe...


Continue reading ...
 

1PM Industries Announces It Has Launched a Marijuana Medical Edible Line under the Brand "Von Baron Farms"

Posted by Fred Fletcher on Saturday, September 26, 2015, In : Marijuana Regulation 

BEVERLY HILLS, Calif.Sept. 25, 2015 /PRNewswire/ -- 1PM Industries (OTC: OPMZ) announced today it has launched Von Baron Farms, a medical marijuana edible line, in California.  The initial product is a THC infused pancake and waffle batter in a pressurized can.  The Company has been promoting the product at conventions prior to its launch at the end of October 2015.  Additionally, the Company has placed the product in a few dispensaries in California as test markets. The Company expects to ...


Continue reading ...
 

From Alabama to California: Family moves to obtain medical marijuana

Posted by Lacy Fletcher on Monday, August 31, 2015, In : Marijuana Regulation 

By Paul Gattis

The passion and the energy resonated from California to Alabama, the video interview providing a window into the raw determination that drives Vicki Hill.

She left 32 years of her life behind in Huntsville to relocate to northern California in search of a medical marijuana sanctuary for her 20-year-old daughter, Aubrie, who has suffered from epilepsy since she was 5.


The Hills are a snapshot of a small migration west for some Alabama families seeking access to various forms of med...


Continue reading ...
 

McKay Tract, Property Values, Tourism, and 2016

Posted by Fred Fletcher on Friday, January 9, 2015,
It's no secret our coastal Redwoods are a big draw for tourists. The uniqueness of these specimens on our lost coast can't be denied. The McKay tract is nearly 1,000 acres which dwarfs comparable parks. Multiple trails are being constructed for naturalists of all types. Surrounding property values and home sales are experiencing a modest rise which should continue into the foreseeable future. Eureka in many respects is a city experiencing a resurgence which the McKay Tract will hasten. 

Pundit...

Continue reading ...
 
 

About


Nothing in this blog should be construed as legal advice. "Civil solutions for a sustainable community" and the logo at the top of this web-page is an advertisement for Fletcher Law Offices.