Legal Services

Whether you are interested in obtaining a local permit as well as a state license for your successful cannabis business, or are looking to protect your cannabis company’s IP (Intellectual Property), or seeking top-notch counsel for criminal charges that have been filed against you or a loved one, our office can help. Below are the primary services offered by our team:

 

  • Permitting and Licensing for the Cannabis Industry
    • After passage of the Medical Cannabis Regulation and Safety Act (MCRSA) in 2015 and the Adult Use of Marijuana Act (AUMA) in 2016, there is finally a path for California cannabis businesses to become unambiguously compliant at the state level. MCRSA created an entirely new administrative body in the Department of Consumer Affairs, called the Bureau of Medical Cannabis Regulation (technically the Bureau of Marijuana Control after the passage of Proposition 64). MCRSA established a licensing framework for medical cannabis business operations, and AUMA built off MCRSA’s regulatory framework to provide a licensing process for adult use cannabis businesses.
    • The two laws have been reconciled into one unitary statewide cannabis licensing system for both medical and adult use licenses, the Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA), which began as the Governor’s Trailer Bill.  Soon, the collective and cooperative defense that medical cannabis dispensaries and other operators in California have relied on for years will sunset, and all cannabis business will have to be conducted by authorized licensees authorized by various California state agencies. In order to obtain a state license, generally one must possess a local permit. Cities and counties across the state are moving quickly to implement rules and ordinances to govern cannabis in their jurisdictions; some local governments are opting to be inclusive while other areas are excluding cannabis businesses.
    • So, how are you and your company going to fit into this new paradigm? There’s only one answer: compliance. Our skilled team of attorneys can help you navigate the many laws and regulations governing cannabis and help your business become and remain compliant, as well as provide legal assistance in applying for local and state permits and licenses.

 

  • Regulatory Compliance
    • Our office can help ensure that your business is complying with all applicable laws and regulations. For the medical cannabis industry, this is particularly important, as the best way to minimize the risk of federal prosecution is strict compliance with California’s medical cannabis laws.

 

  • Representation Before Government Bodies
    • Our office can help you advocate for changes in the regulations proposed by the Bureau of Medical Cannabis Regulation, the Department of Public Health, and the Department of Food and Agriculture, and represent your interests before those licensing and regulatory bodies.  We can also assist with writing local ordinances to regulate cannabis activities in order to help your business unlock the full potential of California law.

 

  • Cannabis-Specific Intellectual Property
    • A company’s products, ideas, and brand identity are what give it value. A good businessperson sees the importance of protecting the company’s brand and institutional knowledge. Cannabis is no different, and now is the time to be building your brand in California. There are various ways to protect your company’s intellectual property (IP), including trademarks, patents, copyrights, and trade secrets. Our skilled attorneys can help you protect your ideas and inventions, which will benefit you in the long term.

 

  • Legal Ethics Advice & Educational Seminars
      • We believe that knowledge is power, and that education is the key to a brighter tomorrow. That’s why we frequently speak at educational seminars about cannabis law and related issues, such as ethical issues facing attorneys representing cannabis clients.We offer seminars and advice to members of the legal profession who are curious about the boundaries of the law, with an emphasis on being “safe rather than sorry.” Omar has been teaching continuing legal education (CLE) courses for many years, and enjoys sharing useful information with fellow professionals. Our office is also a certified California CLE provider.Some topics our attorneys have spoken on include:
      • – Cannabis Banking
      • – The Interplay of Federal and State Law
      • – Record Clearing for Marijuana Convictions after Prop. 64
      • – California Marijuana Law
      • – Legal Ethics of Advising Cannabis Clients
      • – Marijuana Regulation in Indian Country
      • – Local Regulations

       

    • Additionally, we host community workshops for non-lawyers, such as “Know Your Rights” trainings (in both English and Spanish) and civics lessons. Please contact us if you are interested in having Omar or Lauren speak at an event for your group.

 

  • Federal Freedom Defense
    • We provide zealous criminal defense in the federal courts for our clients on charges related to cannabis, psychedelics, and more. We have expertise in Criminal and Constitutional Law.

 

  • Cybercrime and Counterculture Defense
    • Omar has represented members of Anonymous and other alleged “hackers” facing federal prosecution. If you or a loved one have been charged with a cybercrime, please call our office to see if we can help.

 

  • Post-Conviction Record Clearing Relief (Expungement)
    • Proposition 47 turned personal drug possession felonies into misdemeanors, and anyone previously convicted of felony drug possession is able to apply for resentencing using a special form.  Proposition 64 legalized cannabis for adult use and created a new process for people with prior cannabis-related convictions to clear their record if their previously illegal conduct is no longer a crime, or a less serious offense.. An individual can apply for this relief on his or her own, but it might be helpful to consult with an attorney first. Our office has significant experience in the post-conviction relief process, and can assist you in determining whether you are eligible for relief and in obtaining it.Is a past criminal conviction holding you back from getting a job, accessing good housing, obtaining a professional license, becoming a U.S. citizen, or causing other roadblocks in your life? Call our office to see if you qualify for expungement, and our office can help you clear your record. We have successfully had clients declared factually innocent pursuant to Penal Code § 851.8, and had clients records cleared under the expungement statutes.  

 

  • Pro-Bono Representation of Political Activists
    • At the Law Offices of Omar Figueroa, we are fierce advocates of constitutional, civil, and human rights. We believe that the exercise of these rights is patriotic, and are proud to defend individuals who have suffered violations of these rights. If you’ve been arrested for exercising your right to assemble, speak freely, practice your religion, or any other freedom granted by the Constitution, our office may be able to take on your case pro bono.Availability is limited.  Please contact our office for more details.

 

  • General Legal Consultations
    • Questions about cannabis law? Looking to hire Omar for a criminal case? Wondering how to get your business into legal compliance? Whether you have general questions or a specific end goal, our knowledgeable attorneys can meet with you for personalized, one-on-one consultations to discuss your concerns. Contact us today to see how we can help you.