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Medical Marijuana Caretakers Be Wary: The Story of One Arrest

Article Submitted by Elon Berk

What do you do if you’re a medical marijuana dispensary owner, in a licensed part of the state, but you’re arrested for posession and intent to sell a controlled substance?

What Happened

Two people, a couple, pull into a gas station to get fuel and snacks. At the same time, a Sherriff’s vehicle pulls up and parks next to them. He gets out of his car, and notes the unmistakable smell of marijuana. The gentleman calmly tells the officer that he is a medical marijuana dispensary driver, and that he is delivering for a patient. Essentially acting as a caregiver.

He shows the officer all of his identification and prescription information, as well as paperwork designating him as a caretaker. The Sheriff finds approximately 2.2 oz of dry marijuana in the car, along with 2.72 oz of hashish oil and 2.21 of hashish along with just over $500 in cash.

He also found pay sheets, indicated (in writing) names and dates of sales, alongside amounts and money still owed. The Sheriff, seeing all of this, immediately arrests the gentleman.

Why the Arrest was Made

With SB 420, a patient may have up to 8 oz of dried or concentrated marijuana at any point in time. However, the law enforcement community is keen to let the District Attorney’s office decide whether to charge a patient. This bulk approach to law enforcement makes sense in a certain respect.

After all, the officer has no way of verifying the prescription is real and cannot determine at the scene if it’s legitimate. So, he or she pushes that decision up the chain.

The patient, meanwhile, is held in custody and may need to pay a bond. Is that fair? Should a patient be held in possession of any other prescription medication? In this case, the medical marijuana community can do more to educate law enforcement on legalities.

Elon Berk is the co-founder Enkrypt, a Criminal Defense Attorney, and managing partner at “Gurovich, Berk & Associates.”. Enkrypt is a secure communication app for the iPhone.

How to Build a Construction Claims Company

Summary: If you want to start your own construction claims company you should go into the venture with a plan.

Starting a business is something that can be both incredibly time-consuming and rewarding. A lot of effort and planning usually go into starting a business, simply because of all of the different factors you need to take into consideration. Having an idea is key but there are a number of other aspects you will also need to address, such as who to hire, how to get the money required to get started, how to roll the business out and grow it, and so forth.

Starting a construction claims company can give you the opportunity to help others who need the legal guidance to seek a just outcome. If you want to start a business there are a few points you should keep in mind.

Have a Flexible Plan

Many people will tell you the importance of having a business plan. While having a rough idea of what you want to do and how you want to achieve it is crucial, making sure your plans are flexible is also important. If you initially advertise yourself as a steel fabrication expert but eventually realize that there is not much of a market for that in your area, you might want to consider pivoting to another industry section.

Start Small

Another suggestion that could help you as you are growing your construction claims business is to start small. Established firms like Lyle Charles Consulting will tell you that, when you are just starting out, you will want to start small and grow a client base. Taking on too much too quickly could spread your efforts too thin. Focus on putting quality over quantity.

 

The Fundamentals of Project Management

Summary: If you want your next construction project to run smoothly you should first understand the basics of project management.

 

A great deal of planning and preparation goes into construction. Before a hammer or ladder is even picked up, a construction company should go through a series of steps to make sure the project is practical and then take the necessary steps to carry it out.

 

With a lot on the line, you want to be as certain as possible that you go through the process understanding the demands of the project and knowing how best to approach it.

 

Accepting the Project

 

The first step in the project management process is actually taking on the project. If you have gotten the rights to work on the project, you may want to hire a construction consultant for assistance. A consultant can help you make sense of the client’s demands and provide their expert opinion on how it should be handled.

 

Planning it All Out

 

Once you are certain you understand what the client wants, you can begin to draft a plan. Professionals at Lyle Charles Consulting, for instance, can help you lay out what you will need for the project and how you can go about getting the right people and tools. Additionally, skilled consultants can help you create a roadmap and a timeline that will keep everyone on-track to meet deadlines.

 

Carrying the Plan Out

 

Lastly, you and your team will need to actually execute the construction project. Following the proposed timeline while making sure the work environment is safe and optimized for efficiency is crucial. If problems come up, your team should calmly work together to adjust.

Want to Avoid Being Sued? Follow These Helpful Business Tips

Any lawsuit that comes your way is an obvious issue, not only for you personally, but for your entire business. Having a plan to protect your business from these lawsuits can actually put your organization in a better position.

Keep It in the Contract

If you want to keep your consumer base happy, you’ll need to provide outstanding customer service, a quality produce or service, and something that’ll impact their lives. However, you’ll also need to ensure that they fully understand every policy that you actively have in advance or whatever you do for them won’t matter. Make sure that your contract covers every aspect of your business so they won’t have to read between the lines.

Maintain the Appropriate Documents

If you’re faced with a lawsuit, you’re going to pull every bit of information that you have documented out to present to the attorney. But, what happens if fail to leave behind a paper trail? Consider the case already lost.

By maintaining accurate financial records, you’ll avoid any questioning by the authorities or by the court claiming financial mismanagement. Now, it’s time-consuming of course, but it’s a crucial aspect of running a well-oiled business. Corporations and other large-scaled businesses will go as far as to hire an independent auditor that will come every year or so to clear their name. Simply put, keep accurate records on you at all time.

Obtain the Right Business Liability Insurance

Obtaining insurance can be a major benefit to you and your business. Insurance prices may be steep and difficult to obtain, but it’ll protect your organization in the long run. A solid insurance policy that you should be looking for should offer legal protection in the case that you are sued and have not broken any laws or regulations.

Blog submitted by Barry K. Rothman: The law offices of Barry K. Rothman can provide solid legal advice and expertise for any business owners, entertainers, and stakeholders in the entertainment industry. Take a look at Barry K. Rothman reviews online to see why he’s so trusted in the industry.

What is Construction Law and Why is it Important?

Summary: Construction law is a crucial component of the construction industry for a variety of reasons. For one, disputes can arise which can compromise millions of dollars. Legal experts have the know-how and experience to save a potentially disastrous result.

Construction law is one of the most overlooked subfields of law. The primary reason being that only those involved within the construction industry understand the issues presented. However, the good thing is that there are numerous practicing lawyers that specialize in this subject, so rather than facing an assortment of ignored aspects, many are addressed and settled.

What Exactly is Construction Law?

Construction law encompasses nay legal issues that somehow relates to the field of construction. Many of these legal issues fall under state, federal, or local laws.

On a federal level, issues can involve employments laws or safety regulations. Federal statutes may enforce requirements on worksites. On a state level, numerous additional regulations can be added on top of the existing deferral ones. For instance, environmental rules and safety regulations may be applicable. On local levels, county and city ordinances can enforce a variety of restrictions that can singlehandedly change the way a construction site operates, such as zoning laws or noise created.

What Are the Benefits of Construction Attorneys and Consultants?

One of the most common issues of construction law disputes surrounds finances. Construction projects are extremely expensive and can often costs millions of dollars. It is also quite common to see delays or projects that go over budget, causing issues between parties. This is where a construction claims consultant or an experienced construction attorney thrives.

When these issues come up, construction companies and contractors have a variety of legal options that they can pursue. By speaking with a construction specialist or attorney, parties can have a representative that can handle issues such as contract breaches or liens.

Blog submitted by Lyle Charles: Lyle Charles, of Lyle Charles Consulting, is an experienced construction claims consultant who is knowledgeable on construction litigation and other construction-related issues. To learn more, give him a call today.

Business Formation Law

State authorities regulate Business Formation Law in the US. Although there are many federal laws that affect businesses in the US, most state laws are very similar. Here are 3 types of businesses and the laws that affect them.

Sole Proprietorship – One person owns this form of business, therefore the business is in his/her name. Most often these businesses are small and include professionals, consultants, and other service businesses. Sole proprietorships under the law are not seen as separate entities and therefore there have no legal formalities for creation. The owner will have to report their income and expenses on his/her own income tax return. It is important to note that both the person’s assets and the business’s assets are subject to claims by the business’s creditors.

Partnerships

General Partnership- These forms of businesses are joint, which means that the responsibility, profits, and liabilities are shared by the partners.

Limited Partnerships – These are seen in businesses that need funding or those who are investing in real estate development. Limited partnerships require a written agreement. Each partner will invest funds and should receive a predetermined share of the profits. The maximum number of partners varies according to state law. A limited partner is “limited” in the potential loss, as he can only lose his/her entire investment.

Corporations – These are organizations created by the state and they act as an artificial person. This means that corporations can sue, be sued and can issue stock. Since corporations function as separate entities, they can only be liable for the debts and damages up to the corporation’s total assets.

 

Five tips to help you run a successful dental practice

Blog submitted by Dane Levy Attorney of www.Dentalmal.com, a provider of legal services for those injured by dental malpractice in California

Most dental practices get caught up in the day to day activities of running a practice and forget that they are neglecting their business. It is important that dental practice owners are aware of the way they are running their business and how it affects their patients revisiting the clinic and offering referrals. Here are some tips on how to run a successful dental practice.

What makes your practice unique? – It is important that you promote the services you offer and personalize them to each client’s needs. Start off with relevant social media content plus brochures that provide detailed information about your services.

Create an office culture – Identify your office culture by looking at your personality, your leadership style, values, and behaviors that shape your staff, then analyze how your culture reaches your customers. Consider including your staff in daily or weekly meetings to ensure that all employees are on the same page regarding dental standards and customer service.

Expand your services – Avoid overextending your practice but look at methods to increase your offerings by improving your technology, quality, and reputation. Avoid overextending to the extent that it affects your practice. The last thing you need is to deal with dental or anesthesia injuries.

Flexible financial options – Some patients have to undergo expensive treatments. Therefore they may want special financing options to help them manage their finances. Look at debit, credit, personal check, and cash.

Remember to engage – Look at offering your patients good quality services and ensure that you are contactable at all times in case of an emergency.

 

How to say no to a police search of your vehicle?

Law enforcement officials can often intimidate citizens into voluntarily giving up their rights because police are trained to show authority when they interact with the public. Usually, if a police officer confronts a person, most people will experience nervousness, discomfort and become abnormally anxious.

However, it is essential that citizens understand their rights and what they are giving up when they conform to the requests of an officer. If a police officer stops you at a routine traffic stop, he has the right to check your driver’s license and your registration. The officer may then ask you if you have any illegal weapons or drugs in your vehicle. If you say “no” then the officer might ask if he can check your trunk. However, you can say “no” to this request, because legally the officer cannot force you to do something against your will. However, refusing to comply may result in resisting arrest offense.

Sometimes police officers will push citizens to accept their request for a vehicle check. However, saying that you do not consent to a search without a warrant, should make it clear to any officer that you are aware of your constitutional rights.

Although you may openly speak your displeasure, the officer may charge you with resisting arrest. But in most cases, the officer will try to continue to convince you to comply voluntarily. Your police officer can, on the other hand, ask you questions, look through your window and walk or drive in public areas.

What are the risks associated with anesthesia?

Blog submitted by Dane Levy Attorney of www.Dentalmal.com, a provider of legal services for those injured by dental malpractice in California

All medical procedures have risks associated with them. Anesthesia is used in many medical procedures that include dental anesthesia, delivery, and surgery. The side effects of anesthesia can range from minor to severe and can occur any time after the anesthesia is administered. Anesthesia deaths are rare but have occurred in a very few percentage of patients. Here are some risks associated with anesthesia.

General anesthesia – Minor side effects may include a sore throat, headache, nausea, vomiting, tiredness, muscle aches and fatigue. In rare cases, aspiration pneumonia can occur where stomach contents flow into the patient’s lungs. Some patients have had severe allergies, blood pressure or heart problems.

Regional anesthesia – Regional anesthesia may include minor symptoms such as those stated above. Some patients complain of pain or an infection where the injection was administered. Prolonged numbness in the areas is also a common side effect that can range from a few hours to a few weeks. In rare cases, patients can experience permanent nerve damage.

Sedation with local anesthesia – Sedation with local anesthesia can include drowsiness, allergic reactions, blood pressure and heart problems.

It is best to speak to your doctor before you book your appointment for your procedure to clarify any concerns. If you have any other medical conditions or symptoms, it is best to inform your doctor at your earliest.

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Anyone who has experienced any of the above should consult an attorney about a dental malpractice case.

What you need to know about dental sedation and anesthesia

Blog submitted by Dane Levy Attorney of www.Dentalmal.com, a provider of legal services for those injured by dental malpractice in California

Sedation and anesthesia can be a very scary prospect for many parents and patients. Here are some areas that you should consider before making an appointment that includes such procedures.

Forms of sedation – The most popular form of sedation is nitrous oxide. Patients are asked to inhale the gas, which puts them in a relaxed state. Other forms of sedation include administering oral medications or IV solutions.

Forms of anesthesia – There are two types of anesthesia, and they are local and general. Local anesthesia uses injections to numb specific areas of the patient’s mouth. For extra comfort, a dentist may recommend combining local anesthesia with sedation. General anesthesia is an option when patients need extensive work done. The process of general anesthesia involves putting the patient to sleep through the use of IV drugs and gaseous anesthetics.

Before the procedure – It is very important that the patient’s stomach is empty before any form of sedation. Sedation and anesthesia in dental procedures could cause a patient’s airway reflexes to be impaired. This impairment can result in vomiting or lung injuries. Therefore patients are requested to fast at least 12 hours before the procedure. If for some reason you were not able to fast, you should inform your dentist and postpone the procedure for another day.

If you undergo a dental procedure and have temporary or permanent physical damage, it is best to contact a reputed dental malpractice attorney at your earliest.

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If you suspect something like dental implant injury, contact a malpractice attorney immediately.