Butte County – MJ Shareholders https://mjshareholders.com The Ultimate Marijuana Business Directory Mon, 27 Aug 2018 17:45:05 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.4 Local seminar demonstrates widespread confusion over marijuana and employment law https://mjshareholders.com/local-seminar-demonstrates-widespread-confusion-over-marijuana-and-employment-law/ Mon, 27 Aug 2018 17:45:05 +0000 http://www.thecannifornian.com/?p=16382

CHICO — The complexities and confusion around California’s new recreational cannabis regulations were obvious during Wednesday’s employers seminar, put on by the Chico Chamber of Commerce.

With more than 90 registered, questions were varied, and anxiety sometimes obvious.

The message from consultant Adrian Hoppes of Holden Law Group of Auburn is that there are clear steps that employers can take to protect their company and employees.

One statement that made attendees gasp was that any workplace can continue to be a drug free zone, with no need to accommodate cannabis use of any employee — medical or recreational — as long as the rules are applied equally to everyone.

Employers can still have a drug-free workplace, Hoppes said.

“They can forbid medical and recreational use,” she said. “Employers do not have to accommodate use of marijuana in the workplace.”

At the top of her recommendation list is for every workplace to have a clear policy regarding drugs in the workplace, and to make sure all employees know it.

It’s not only having a binder or poster displayed but making all employees read and sign the policy.

Even before an employee comes on board, awareness about the employer’s policy can be set. An employer, Hoppes said, can require a drug test after a job offer has been made, but not before. If the drug test shows evidence of marijuana, the offer can be withdrawn without penalty.

Once someone has been hired, an employer needs to be more careful not to single out someone without cause. Companies “should not do random drug testing,” but can prohibit possession and being under the influence, Hoppes explained. Random testing is allowed for businesses governed by the Department of Transportation regulations.

“Reasonable suspicion” can be the foundation for an employer’s action, but Hoppes warns that great care needs to be taken in gathering evidence.

Hoppes said she discourages an immediate reaction of finding marijuana use occurring after an accident and termination. She said Occupational Health and Safety Administration found that employees were not reporting worker compensation injuries after using marijuana because of the threat of testing.

Helping employers support testing are a list of suggestions that build a case under “reasonable suspicion” or as she explained what would lead a reasonable person to believe an employee is under the influence.

“Establish reasonable suspicion before sending anyone to testing,” she said.

The basis is how they are performing their job. “Focus on performance.” If they are having difficulties, talk to them. Ask they how they’re feeling or what’s happened to prevent them from doing their job.

Do they smell unusual? Are they having problems speaking or walking? Is someone else at the business able to chronicle their problem as well?

Hoppes said it could be that the employee implicates themselves voluntarily, especially if they believe the law shields them through privacy or medical marijuana use.

If an employer can fulfill these suggestions, Hoppes said they can require testing, but need the employee to be driven to the testing facility.

Businesses that have federal contracts or or have federal revenue must still be drug free because marijuana is still illegal at federal levels.

“You have to make sure that employees understand they can’t smoke or use.”

There should be a written zero tolerance policy that puts all employees on notice. The message needs to be clearly stated and repeated, and the policy signed.

Employers are concerned about difficulties they may face, so Hoppes said, “Spend that $100 and call an HR company. It’ll be cheaper than a lawsuit.”

Copies of the slides from the presentation can be requested from the Chico Chamber at 891-5556.

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Editorial: Oroville’s cannabis pursuit is all about the money https://mjshareholders.com/editorial-orovilles-cannabis-pursuit-is-all-about-the-money/ Mon, 13 Aug 2018 15:15:04 +0000 http://www.thecannifornian.com/?p=16204

We always knew why five of the seven Oroville City Council members wanted to legalize marijuana sales in the city, but it was never explicitly explained until a council meeting on Tuesday.

It’s not because they see marijuana as a wonder herb, unfairly demonized. It’s not because they believe a majority of residents voted for legalization, and thus it’s the right thing to do. It’s not because there’s a libertarian bent to the council and they believe the government has no right to deny citizens a legal substance.

No, it’s because the city government needs the tax money.

That justification is usually the worst reason for government to do something. It’s why we get things like monopolies for utilities and garbage companies, ever-rising gas taxes and vehicle license fees, utility taxes, high fees on new homes and eminent domain abuses.

This is more serious business, though.

The council has been laying the groundwork for marijuana sales in the city. Oroville will be one of the few cities with dispensaries in the north state so the stores will attract customers from a wide area.

If Oroville was using the tax money to beef up the understaffed police force, that would be one thing. But there are no such assurances. Instead, the tax on marijuana sales would help plug a budget hole. The word “bankruptcy” has been tossed around.

The council put the marijuana tax — but not the question of marijuana sales itself — on the November ballot. It’s likely voters will approve that, because they’re going to get cannabiz with or without the tax.

In an odd bit of timing, the council also voted to put another local tax measure on the November ballot. It’s a proposed 1 percent sales tax increase. A similar measure failed last year.

Councilor Scott Thomson said if the city was going to enact new taxes, it should consider repealing the utility users tax. Councilor Linda Draper countered they would be “complete idiots” to eliminate something that raises about $1.8 million annually for city government.

The ensuing discussion made it clear — marijuana sales are all about the money.

Councilor Marlene Del Rosario told the audience at Tuesday’s meeting to come up with better ideas to fix the budget problem or stop criticizing.

“Don’t just say there are other ways. Tell us what they are,” she said. “Stop berating us for trying to do something for the city, please.”

OK, but that begs a larger question: What is it doing for the city?

No money from either tax has been earmarked for the Police Department, only the general fund. The council will have a tough time convincing residents to support new taxes and marijuana sales if increased public safety isn’t part of the promise.

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A closer look at the new cannabis ordinances before Oroville council https://mjshareholders.com/a-closer-look-at-the-new-cannabis-ordinances-before-oroville-council/ Fri, 10 Aug 2018 15:00:20 +0000 http://www.thecannifornian.com/?p=16176

OROVILLE — Facing a fair amount of opposition, the Oroville City Council took a big step on Tuesday toward bringing commercial cannabis to the city.

The council voted 5-1 to introduce two ordinances, with one focused on changes to zoning code to allow for such businesses, while the other outlines other regulations for prospective businesses.

The council may eventually give final approval, but Tuesday was only the first reading.

It’s unclear at this point if the ordinances will be disbanded if Oroville voters oppose a cannabis business tax measure that the council recently voted to put on the November ballot. Councilors have said they are pushing this forward because of the city’s desperate need for more revenue, as California Public Employees’ Retirement System obligation costs continue to rise.

There certainly are more questions to be answered, but SCI Consulting Group, which the city hired to prepare ordinances, has done this before. Many concerns raised by the public at Tuesday’s meeting are addressed in the ordinance.

Here are some highlights.

As written, the changes to city code would allow for a maximum of three storefront retail locations.

Cannabis businesses would have to be at least 600 feet away from a school, day care center or youth center. Retail businesses would have to be a minimum of 1,000 feet from each other.

Currently, no residential buffer is included. However, members of the Planning Commission suggested on Tuesday that buffers between marijuana operations and churches, parks and residences be added into the ordinance.

Businesses would be required to have a “sufficient odor-absorbing ventilation and exhaust system” to ensure no odor would be detectable outside of the property. No consumption of cannabis products would be allowed on the premises.

All businesses, excluding storefront retailers, would not be open to the general public. The Oroville City Council voted on Tuesday to amend the proposed ordinances to disallow any minor from entering stores, even if accompanied by a parent or legal guardian.

All cultivation would have to be done indoors and not be visible from the public right of way.

Permits offered by the city would be valid for up to one year, at which point they may be renewed. They would not include property rights. No business owners or employees could have felonies.

Businesses would have to agree to share any and all business records with the city at any time for at least seven years.

Closed circuit cameras for both the interior and exterior of buildings would be required and the city would be able to access that footage upon request. Businesses would have to have a fire and burglar alarm system in place.

All employees, including security guards, would be required to wear ID badges at all times while working. Shipments to the businesses could only be accepted during regular business hours and no goods could be visible from the exterior. Delivery vehicles could not indicate that marijuana products were inside.

Inventory would have to be locked up outside of business hours and at least one security guard would be required to be on duty. Businesses could be open no earlier than 9 a.m. and close no later than 9 p.m.

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Northern California mother, grandmother face charges after child ingests edible marijuana https://mjshareholders.com/northern-california-mother-grandmother-face-charges-after-child-ingests-edible-marijuana/ Wed, 11 Jul 2018 21:00:21 +0000 http://www.thecannifornian.com/?p=15814

OROVILLE — A mother and grandmother have been charged with child abuse after prosecutors said a 2-year-old girl ingested edible marijuana that “looked like gummy candies.”

The Butte County District Attorney’s Office said Maneeka Patterson, 21, and her mother-in-law Patricia Medina, 57, have each been charged with a felony count of child abuse likely to produce great bodily harm or death.

Oroville police on June 15 performed a welfare check on the 2-year-old after she was reportedly unresponsive, according to prosecutors. Officers found the child consumed edible marijuana, and she was taken to Oroville Hospital by ambulance.