Staying Legal On-The-Go
Tips for the Holidays, New CA Employment Laws + Starting a Delivery Service with Cannabis Attorney Meital
Tammy: I'm here with attorney Meital of Manzuri Law again talking about cannabis & law—what we do best! Many of you have been asking for more legal content, so here we are.
Meital: Well, there was one really interesting thing because last time we talked about employment laws, the next day new employment laws passed, which is so typical in cannabis.
I wrote a book, and I was so excited to spend so much time and resources on it, send it to print, get it on Amazon, and six months later the key laws changed.
That’s why I don't do anything in print anymore.
So here we are with the employment laws. Last time we spoke, the law in California was different, and that was maybe a month or two ago?
Just recently, the CA governor signed a bill into law that would prohibit employers from firing anybody for off-duty cannabis use, as it should be.
And you can’t even use it as a discriminatory practice in hiring. So that's really good news.
Tammy: That's a good change in direction because nobody's being punished for their weekend alcohol use. So why do we care about what somebody's doing on Friday or Saturday night if it doesn't impact what's happening on Wednesday morning?
Meital: Yeah, and currently cannabis is federally illegal, but 37 states have legalized medical marijuana and 18 recreational marijuana, plus Washington D.C.
It's a good chunk of Americans living in legal weed areas.
But what do you think about it still being used in certain jobs as discrimination?
Tammy: You know, government jobs, I get it. It's federally illegal, you are employed by the federal government. So I get those kinds of rules.
But typically, I think employers should mind their business. People are not enslaved to you, they are not representative of you 24/7, they get to go and have their own life.
If somebody wants to smoke a joint on their porch, mind your business. Almost 40 states have opted into this plant and receiving it.
So it's time to let go of old behavior and evolve our thinking and our actions.
Meital: Yeah, it's interesting because with alcohol, you could obviously test if somebody's drunk at that moment, but it passes really quickly.
But with cannabis, it stays in your system for up to 30 days or even potentially longer. And so that's, I think, where a lot of the issues come in.
Just to be clear, in positions that are safety sensitive, in many states, you still cannot consume and could be fired for testing positive, even potentially off duty.
And starting January 1, 2024, a new California law will prohibit employers from penalizing workers for using marijuana outside of work. So it's not effective yet.
And the reason for that, I guess, is that they have to develop a protocol and even alternative testing methods. They don't want to do the drug test. So they're trying to come up with new methods.
I think if you have any sort of driving job, you can still be discriminated against or prohibited because you're driving on federal lands. So you have to comply with federal laws.
If you're dealing with anything that touches federal law, then that's a different situation—and safety sensitive jobs. That's kind of the trend in America right now.
Tammy: I get it. But are we checking for happy hour when people come back from having a cocktail? Is that a fireable offense? Or is that accepted in the culture to take the edge off?
Hopefully we get to a point where, during that lunch break, it's okay that I hit my vape pen or smoked a little.
Meital: Yeah. I think it depends on the job, you know. Like me, as an attorney. It's probably better if I'm doing my legal work without smoking.
But then sometimes, you know, I've found that it can enhance my creativity if I have to write a motion. And then I'll revisit it the next morning and make sure it looks okay.
But a lot of times I've found that it can increase productivity or creativity.
Tammy: For sure. Write high and edit sober.
Meital: Is that a thing?
Tammy: Yes. Timothy Leary, I think. So can we talk about how during the holidays—Thanksgiving, Christmas, Halloween—cannabis consumption use increases? What is that about?
Meital: Yes! There was a study done and most people report that their cannabis use increases when they are visiting family for the holidays. Can you think of one or two reasons why?
Tammy: You know the ceremonial walk with your cousins before dinner!
Meital: I know I'll never forget. I caught my favorite auntie smoking weed. Maybe in my teens. And I walked out to the side and they were in the car and I opened the door. I'm like, “Hi, do you smoke?” And they were like deer in headlights.
Tammy: “Don't tell your mom!”
Meital: Yeah, exactly. I think that people are stressed during holidays. So the study showed people are stressed and they have difficult interactions.
It's meant to be a really fun and wonderful, celebratory time, but there are some difficult moments.
Tammy: That is what we were marketed. But it's always a difficult time when you're reminded of being estranged from my family or how these have never been happy times…
Or how I have this burden to get my children presents because it's the end of the year.
And stores are trying to offload inventory for the new year. And I've been convinced to think that this is tied to Jesus in some freakin way when really it's just a corporate scam.
And if I don't do it, my kids are gonna feel terrible.
And so seasonal depression is a thing because I think the holidays are made into this. It's supposed to be like this. And that would make sense why people are trying to find relief.
Meital: Yeah, absolutely. So if you are traveling for the holidays, you just want to be very mindful about the laws in the area that you're in or traveling to or leaving from.
Tammy: Oh, I just flew from Atlanta to LA. And when I got to Atlanta, to my shock, they have these new state-of-the-art X-ray scanning machines. And I'm not playing that game at all. I don't know what they're gonna be able to see with those.
Meital: Oh, my gosh, that's scary. This morning, I was in court and I'm just checking my mind, “Like what's in my bag?” You can just see the headline: “Weed Lawyer Busted in Court.”
But traveling at any time, no matter if you're going from state to state where it's legal—you're in federal airspace. The airport is federal territory, so it is illegal to travel with.
Notwithstanding the fact that a lot of people just kind of throw caution to the wind and travel with it.
And driving with weed. You want to make sure that it's in your trunk, out of reach, and that you are not smoking and driving so you don't get a DUI going across state lines.
Just be careful that if you're traveling through a state, like if you're going cross country, what happens if you get caught in Arkansas versus Mississippi? Like New York, LA, all different rules. So be very, very careful with that.
Tammy: Very good tips. One of the most common, I would say relatively “easier” startups to have in the cannabis space, is a delivery service.
How does one go about starting that?
Meital: Well you know, as of late, we've gotten so many more inquiries about delivery services, and specifically, I think, from women.
I think it's really an easy startup because it's all online, you can go straight to the consumer. So a lot of people are really interested in it.
You do need a license to deliver in the state of California. So there's a delivery license and a distribution license.
A delivery license is from the business to the consumer, an Amazon type of model. Whereas distribution is between businesses, so that's the big delivery truck bringing the retailer all of its supplies.
So for a delivery business, you have to get a license and you need a physical location that complies with your local area.
So the interesting thing about delivery businesses is you can actually deliver anywhere in the state, even if it's illegal in that city.
But your home base has to be in a place where you're licensed.
And there's lots of rules about going back and forth and what you can carry in your car and you have to get an order every 30 minutes or you have to return to your home base.
And then there's all these work-arounds. Have you seen these interesting little kiosks?
Tammy: I do know of a food truck that is a delivery service. And it is legal. It's actually the Coffee and Kush Truck. Super innovative idea, but it's a food truck that parks and they operate as a delivery service.
At first I was like, “There's no way,” but then I understood the model. I was like, “That's actually pretty brilliant.”
Meital: The entrepreneurial spirit just never dies. But yeah, you can as long as they're following the rules on their end.
You can order it online and then they can deliver it to you, but they are not supposed to park and just wait for an hour. They're supposed to be going from delivery to delivery.
Tammy: Oh, no, I think DCR is definitely making sure they're compliant. So they understand because you risk your license if this all fails or you're in violation. Like you said, an order every 30 minutes or you pack it up.
Meital: We call that the ice cream truck model and it’s very popular right now. It is a really nice model because you don't need as much infrastructure. But you have to be connected to a license.
And it cannot be a mobile, it has to be an actual physical location.
Because people are like, “Can I start my weed shop out of my basement?” No, sorry.
And delivery brings up mailing because there are these ‘nug’ clubs—how does that work?
Tammy: Delivery.
Meital: They deliver it, they don't mail it to you? Someone told me that they mail it to you, which would be such a problem.
Tammy: The companies typically have a runner or a delivery person that physically brings you your product.
Meital: Yeah. And that delivery person has to be an employee of the licensed business.
So if you want to open a weed delivery business, you just need a commercial location.
Another interesting model is you can partner with a licensed dispensary, like a retailer, because a retailer is allowed to do delivery.
And as long as you're their employee, or you checked your boxes on the compliance side, you could partner with them and start delivery.
Tammy: Yeah, absolutely. It's pretty cool to watch the entrepreneurial spirit and how they're figuring out how to have these different models.
So it's almost Halloween. And every year since I was a child the news is always like, “Make sure to watch out for drugs in your kids candy.”
And it's like, nobody's giving out free drugs. Not to kids. Like I wouldn't even appreciate them. So what is the truth?
Meital: I feel like I’ve heard that story since I was a kid too. And there’s no basis, it’s just sensational.
Tammy: Nobody is doing that. They're so expensive.
Meital: Yeah, exactly. What mindset is that? Like, “I'm just getting Ellie's kids really high.”
Tammy: You don't even get to see the reaction. Like what is the point? It does not make sense.
And what the research shows is that kids who accidentally get into their parents' stuff, it's an easy way for parents to say, “Oh, my kid was poisoned,” when typically it's happening from a family member or a close relative.
Meital: Yeah. Well, if you're showing up to the hospital and your kid accidentally ate your edibles, what else are you going to say?
Tammy: Yeah, it is typically the people closest to the child.
So, for me as a parent, I know that I have to be extra cautious around Halloween and keep anything that looks like candies or gummies out of reach.
Tammy: Well, that's all we have for this episode. We'll be making another one soon because the laws are always changing. Until next time, peace.
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