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.  


The (Green) Rush to Make Mistakes

Posted by Fred Fletcher on Friday, July 15, 2016 Under: Commercial Cannabis
It's no secret the cannabis industry is normalizing. Over the next 10 years the cannabis industry will be under the spotlight. Participants will be held to a higher standard than other industries. This new industry will have to prove itself. Decades of dysfunction and bad press from the black market has tainted the industry's reputation.

If you're interested in becoming a "legal" cannabis operation here's a couple of pointers to avoid disaster:

1) Be diligent but do not be in a rush. Many in the cannabis industry want to be the first operation permitted. This is largely based upon scarcity mentality. There's an assumption only a few permits and licenses will be granted which is not true. AB 266 et al, and Proposition 64 include provisions which prevent monopolies both on the state and county level. Although the county may presently be on the path to violate the anti-monopoly protections offered by the State, once the State begins issuing licenses, Humboldt County will have to follow the new state laws. What is happening in Humboldt County right now is an experiment. The ordinance will need to be amended significantly to make the state happy. Many of us will learn from the mistakes of those who were a little too eager. 

Some cultivators in Humboldt are submitting the Commercial Cannabis Activity Registration Form without a reservation of rights which is dangerous. Without a reservation of rights registrants are exposing themselves to civil and criminal liability. Some cultivators are having their Forms completed and submitted by engineers, insurance agents, mortgage brokers, and even a Pastor. To submit any permitting or licensing documents for cannabis operations without having legal counsel review the documents is negligent. Many documents submitted to the county are binding contracts which can lead to lawsuits. The county had its lawyer review the contracts you will be signing. The county's lawyer is paid to protect the county's interest, not yours. 

2) If it sounds too Good to Be True... Compliance businesses are springing up everywhere. Some are based on a model to take in as many customers as possible while the price of cannabis is still high. These companies exist for short term profit and whether you are permitted is a secondary concern. These companies are easy to spot. They claim to have the resources to meet all your compliance needs. Avoid companies who refuse to delegate work to specialists. Compliance companies who understand this new industry is complicated involving numerous regulatory agencies will work with reputable firms and specialists to meet their customer's needs. 

The black market has existed on the idea of cutting corners to save a dollar. Cultivators like the idea of paying a compliance company a lump sum of money and forgetting about compliance concerns. Compliance companies in Humboldt on average are charging significantly more than lawyers to submit permitting and licensing documents while their customers are being exposed to civil and criminal liabilities. This is a new industry. Everyone is still experimenting. This is not the time to charge premium rates. The appropriate hourly rate for submitting permitting or licensing documents at this time should not exceed $150 an hour. Some local compliance companies are charging as much as $750 an hour and the permitting documents are not even reviewed by an attorney. These companies are learning on their customer's dime and are charging a premium rate. 

In : Commercial Cannabis 

Tags: commercial cannabis  ab 266  proposition 64  cultivators  cannabis activity registration  compliance  cannabis  humboldt  engineers 


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.