Category: Law

As a pioneer in the cannabis movement, the state of California allowed medical cannabis use in the mid-90s through the Compassionate Use Act of 1996. This was followed by the adoption of laws for recreational adult use in 2016. Without a doubt, proponents in the state have been at the forefront of cannabis reform across the nation. As pioneers, California has developed regulations that have been used as a model for other states in the development of medical and recreational cannabis policies.

Compliance with California Statutes

California’s state cannabis laws required the establishment of regulatory agencies to implement and monitor industry compliance. During its early adoption, the state departments for public health and agriculture were tasked with oversight responsibilities. Soon, the Bureau of Cannabis Control was created to help regulate both medical and recreational use in California.

To facilitate the dissemination of information about statewide policies and other requirements, the state also created a singular portal for businesses and consumers. The portal provides essential information and updates on tax, testing, and licensing requirements. It also provides resources to consumers about the state identification program, public health, and safety concerns, and licensed businesses. The portal also provides consumers with guidelines on filing a complaint.

Monitoring Requirements for Dispensaries

For recreational use, the state’s regulatory agencies are guided by the Adult Use of Marijuana Act. The statute provides guidelines on tax, licensure and other requirements. A critical provision of the law shapes the industry requirements for track-and-trace.

Metrc, the state’s track-and-trace system, is a mandatory tool for monitoring the movement of cannabis and cannabis-related products across the supply chain. Licensed growers, manufacturers, testing facilities, and small businesses are required to use this system. They are also required to report cannabis-related data to the system in order to stay compliant. Violators of this provision of the Adult Use of Marijuana Act could potentially face fines of up to $30,000.

Staying in Compliant With State Regulations

Aside from the usual statutory requirements, there are other reasons why the state government mandates strict compliance. The need to protect consumer health and safety is at the top of the list. When products are regulated across the supply chain, the process is monitored from seed-to-sale. There is also the challenge of protecting the regulated industry against the black-market economy. But How California Dispensaries Can Prevent $30,000 Track-and-Trace Violations? Businesses should ensure that their POS is compatible with the state Metrc system. Knowing how the system operates could protect the owners from potential violations. Establishing a team tasked with compliance monitoring is also important.

As one of the pioneers in the medical and recreational cannabis movement, California saw the industry start and expand. The passage of state cannabis policies and implementing rules opened doors to new businesses and helped create jobs for the population. But with these gains in this highly regulated industry, business owners are also expected to take responsibility when it comes to knowing the requirements of the statutes.

Read Full Article

California may be the most beautiful state in the union. Its scenery blends stunning beaches and forests full of towering trees with looming, snow-capped mountains, beautiful blue lakes, and sprawling, arid deserts. In this natural wonderland are some of America’s most vital and most vibrant cities, including the legendarily hip San Francisco and the pop culture capital of the world, Los Angeles. No wonder, then, that more than 40 million people are happy to call California home.

But no place on Earth is perfect — not even California. With all of those people come lots and lots of motor vehicles. California has beautiful scenic highways like the legendary Pacific Coast Highway, but it also has infamous traffic and car pollution. Californians who commute by car or who use their vehicles for personal and social reasons need to know that they face certain dangers when they get behind the wheel.

Car accidents: a real problem for California

California does not have the most dangerous accidents per capita in the United States, but it doesn’t have to. With 40 million people and so many cars on the roads, the raw number of car accidents in California can be staggering. You can’t watch the local traffic report without hearing about at least one. And, eventually, there’s a good chance that you yourself will be involved in a car accident in California.

If you’re involved in a California car accident, start by focusing on your safety and that of others. Call 911 right away if anyone needs medical attention, and use your judgment to decide if you should move the involved vehicles off of the road or leave them where they are and step off to the side of the road.

California law requires drivers to notify the police when an accident has caused an injury or more than $1,000 in damages. Even if your accident does not fit this criteria, it’s a good idea to call the police to the scene, regardless: you may later need the documentation that the police will produce.

The consequences of a car accident

A car accident can be frightening and upsetting. Unfortunately, the problems don’t always end there. If you are injured in a car accident, the consequences of that moment can linger on for months, years, or even decades.

A lingering injury can cost you dearly. You could need regular visits to the doctor, and you might need physical therapy, both of which aren’t cheap. Remember, medical debt is the number one cause of bankruptcy in our country.

And what if you can’t go back to work? California has laws that protect workers, but there’s only so much that you can do when your injury is preventing you from doing your job. You could lose a lot of income or even lose your job entirely due to time that you have to take off after your accident.

When all of this stems from an accident that was not your fault, it can be extremely unfair. In situations like that, you’ll want to take action.

Fighting for what’s yours after a car accident

California personal injury law gives you options in the days and months following a car accident. If you’ve been injured through no fault of your own, you could file a personal injury lawsuit against the party responsible and fight to recover the funds that you are owed for medical bills, lost wages, and other damages.

Your first step should be to find a local California personal injury attorney, explains a car accident lawyer in Irvine. Make sure that you’re choosing someone who specializes in your type of accident. Show up prepared to explain your case. Bring along relevant documentation, including that police report. Lay out your story and learn more about your options under California law.

Read Full Article

No matter the magnitude of your business’ success, the possibility of facing a liability lawsuit can make business owners in fear of their business’ financial stability as well as their own–especially in the case for small business owners. However, finances aren’t the only factor that business owners need to worry about in light of a lawsuit. How will this affect their reputation? Will their business be able to bounce back from the repercussions? While there are many aspects to consider, to ensure a positive outcome, it’s essential to invest in Professional Liability Insurance. With Professional Liability Insurance, business owners have the ability to protect themselves that their company from potential liability lawsuits. Alongside Professional Liability Lawsuits, it’s essential to educate yourself on the ins and outs of Professional Liability Lawsuits. This way, you can better protect your business and yourself from the events that cause these claims.

Taking a Closer Look

Professional Liability Lawsuits are legal proceedings that are brought by clients/customers who have suffered from the negligent actions of their employees. Causes for action include negligence, breach of contract, poor client relationship, conflicts of interest, etc. However, sometimes the most simplest of situations can result in a Professional Liability Lawsuits. These include:

  • Typos: Sometimes, a numerical error or spelling mistake can cause employers/employees to miss deadlines or fail to deliver a product.
  • Misunderstandings: Misunderstandings between clients, business owners, and employees is one of the most common reasons for liability lawsuits. Miscommunication can many times lead to unfortunate events.
  •  Missed deadlines: A missed deadline–interruption in the supply chain–can leave a business owner liable for what the client was unable to receive what they were promised.

By understanding the various causes of a liability lawsuit, you can fine-tune your business to ensure that these simple, yet critical mistakes do not occur. The goal is to do everything in your power to reduce your business from this financially detrimental exposure.

Reducing Your Business’ Exposure

To maintain an excellent reputation, ensure your business’ success, and steer clear from liability lawsuits, you must implement honorable business practices. Here are a few examples of measures you can take to successfully avoid liability lawsuits:

  • Always use contracts: Contracts are essential in any line of work. They clearly define objectives and expectations, timelines, compensation, etc. and eliminate the opportunity for misunderstandings.
  • Keep proper documentation: With clients and employees, it’s important to keep proper documentation and to also get everything in writing. For example, if you have a call with a client, be sure to send them a follow-up email on the topics that were discussed, therefore, reducing the possibility of future arguments and misunderstandings.
  • Always keep clients informed: By keeping clients informed at all times, you are establishing a good and trusting relationship with them. With continual updates in progress or potential obstacles, clients will always feel prepared and in the know.

As you can see, there are various efforts you can take to deter the opportunity of a Professional Liability Lawsuit getting filed against you and your business. Talk to your local law office today, and receive a quote on Professional Liability Insurance to better your business’ protection.

Author Bio:

Brandon L. Fernandez is a native of Fort Lauderdale, Florida, and is an associate in the Lydecker Diaz‘s Miami office. Mr. Fernandez’s practice includes all aspects of federal and state civil trial litigation with a primary focus in civil rights litigation, complex commercial litigation, government liability, law enforcement liability, labor & employment law, premises liability, and professional liability.

Read Full Article

None of us want to go through the day with the thought that someone could cause bodily harm to us at any moment. Whether you’re at the bank and are approached by someone with a weapon, or verbally or physically attacked by a drunk person at a bar, it is important to know how to press assault charges in order to move on from such incidents.

This process requires several specific steps to ensure that justice is served and that the assailant isn’t a threat to you anymore. This guide aims to help you become aware of how to press assault charges, as well as be and feel safe in the future.

Talk to Your Lawyer

Expert opinions are always necessary when it comes to recovering from an assault, both physically and mentally. If you become the victim of some sort of physical attack, then you’ll want to contact a lawyer as soon as possible. Professionals such as Preszler Law Nova Socita will be able to assist you and provide the health and financial benefits from pressing charges. This will be extremely helpful if you’ve never been assaulted before, as attorneys can share experiences of dealing with clients who were victims of similar situations.

You’ll need to remember as many details from the assault as possible if you want your lawyer to help you to the best of their ability. The location, time, and the incidents leading up to the assault will allow the attorney to find out what appropriate charges you should file to make the case simpler. The lawyer is able to determine if there are additional charges you can file, as well as how they should be filed so that you have an easier time in court.

File a Complaint

Once you clear things up with your lawyer, you’ll need to head over to the local police department and tell them that you want to file a complaint about being assaulted. It’s important to be specific about what you want out of the complaint, as the police will ask for certain details. This information will include your name and address, as well as that of the assailant. If you don’t have these details about the assailant, then you can provide what the person, or people, looked like and what they were wearing. The authorities will also need the date and time that it took place, in addition to the location.

Once the police have all of the necessary information, they will be able to provide copies of the report to the prosecutor, who will look through the information to see if there is enough data to prosecute the assailant. The judge will be able to issue a warrant for the assailant’s arrest as long as the information that the prosecutor is given is enough and factual. This process will also include further investigation on the police’s part to see if there is additional evidence of the incident.

Request an Order of Protection

If you feel that the initial charges aren’t enough to keep the assailant from trying to seek revenge against you, then you can obtain an order of protection from the court. This option comes in handy for just about any case of assault, whether you were attacked by a stranger or a victim of domestic abuse. The request serves as a restraining order that can keep you extra safe because the assailant will be arrested if they violate it. You can have the order keep the assailant from being within a certain distance from you, as well as being anywhere that you go to on a regular basis.

Orders of protection can be modified if other people were involved in the original assault or could be in the future because of their relationship to you, such as friends and children, parents, siblings and other relatives. Such scenarios allow you to file restrictions on visitation and “no contact” orders for domestic violence. The more details you provide on what precautions will make you feel safe, the easier it will be for the court to meet them.

Keep these steps in mind so that you can recover physically and emotionally from an assault and move on with your life.

Read Full Article

Matrimonial law is also known as family law. This is an area of the legal field that deals with domestic relations and family matters. Family law has multiple regions that can be handled and they may include: 1) Civil unions, marriage and domestic partnerships, 2)Alimony awards, visitation and child support, 3) Divorce, property settlements, annulments and child custody disputes 4) Surrogacy, 5) Adoption, 6) Juvenile law, 7) Child protective proceedings such as child neglect or abuse of a minor child and 8) Paternity suits.

Civil unions have also come to be known as civil partnerships. Civil unions have been legalized by the U.S. Supreme Court and they have been recognized as an arrangement between same-sex couples. This particular union grants the same rights as a marriage between a man and a woman without the actual title itself.

Globally, the civil union partnerships have been developed by democracies as far back as the 1990’s. Most often this unions were formed from less formal partnerships domestically which legally only granted some parts of marriage rights. These civil union rights have since been replaced or supplemented by “same-sex marriage”. These civil unions in many countries have established rights tax breaks, benefits and responsibilities almost identical to legal couples that are married.

Annulments generally declare that a marriage or civil union in null and void in the eyes of the law. Annulments are usually retroactive. This defines that a marriage never actually even began or that it is officially invalid. In Wales and England, the Matrimonial Causes Act of 1973 makes a marriage voidable or null.

Property settlements are legally defined as equitable distribution of the marital assets. This generally happens in the divorce by judicial decree. A family attorney millburn nj could discuss adoptions and how to go about handling a court proceeding. Adoptions are legal proceedings where a party accepts the parenting responsibility of a minor child. An adoption permanently transfers any and all rights, filtration and responsibilities from legal parents to the one adopting the minor child. Adoptions differ from guardianship. Adoptions effect permanent status changes and this demands societal recognition either through religious or legal sanctions. Adoptions in the modern-day world tend to be protected by comprehensive regulations and statutes.

Juvenile or minor emancipation is a mechanism in the legal field by which a judge allows a minor to be freed from their parents and their power of control. The parents or guardians are also freed from any responsibilities for taking care of the minor child. The minor isn’t considered a child any longer because children cannot enter into contracts or handle their own affairs.

In child protection cases, children are protected from violence, neglect, abuse, and exploitation. The UN Convention of the Rights of the Child allows protection of minor children in and out of their homes under Article 19. Government agencies are usually designed to set up child protection systems that protect minor children as well as underage young people to promote stability in a family environment type setting.

Read Full Article

In a personal injury case in New Jersey involves a person or company causing an accident that injures someone. The injured party is called a plaintiff. The wrongful party is called a defendant. The plaintiff has the right to sue for damages. Damages are accident-related expenses the plaintiff endured because of the accident such as medical bills and lost wages.

Damages that can be calculated because of an invoice or bill are called economic damages. All an attorney must do is add up all the bills to prove their client is owed these damages. Another type of damages is called non-economic damages. These damages are not easily calculated and refers to damages such as mental anguish and pain and suffering. An accident attorney northfield nj must determine how much pain and suffering their client when through to obtain compensation.

What is Pain and Suffering in a Personal Injury Case?

Pain and suffering are literally the pain caused by the accident. For instance, it is the pain associated with having a broken arm that occurred in the accident. Suffering is the extent of harm the plaintiff endured because they were injured by someone’s negligence. This means it is the physical pain and emotional anguish the plaintiff experiences after an accident.

The Dollar Amount of Pain and Suffering

An attorney will calculate damages on their client’s behalf. This is an attempt to determine a dollar value on the plaintiff’s pain and suffering. It really hard to determine how much pain and suffering is worth. Honestly, many people believe the pain they endured is worth millions of dollars.

However, the individual calculating the dollar value about a person’s pain and suffering such as an attorney, jury or judge must look at several factors. These factors include the extent of the injury. For example, a plaintiff who loses a limb may endure more pain and suffering than a plaintiff who experienced whiplash in an accident.

Another factor is how much the injury impacts the plaintiff’s relationships at work or home. They also must look at long-term factors such as how long will the plaintiff experience the pain and suffering. Will the pain or injury affect the plaintiff’s lifestyle and sleep? This is another question the attorney, judge or jury must answer to determine the pain and suffering dollar amount.

Another factor that must be considered is if the plaintiff contributed to the accident. If they were 50 percent or less at fault they can recover damages. Their pain and suffering damages will decrease according to the amount of their fault.

New Jersey has No Cap on Pain and Suffering Damages

Many states limit the amount of non-economic damages such as pain and suffering. However, New Jersey isn’t one of those states. This means the plaintiff can receive high or low compensation. It’s important to contact an attorney regarding a personal injury case and whether compensation can be received for the pain and suffering caused.

Read Full Article