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Medical Marijuana Caretakers Be Wary: The Story of One Arrest

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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

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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.

 

How an Interim Manager Can Put Your Construction Site on Track

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Summary: Even if they are only there for a short period of time, interim managers can drastically change the course of a construction site.

 

A construction project you work on is likely going to have a number of moving parts. One of the challenges many projects face is finding a system that enables people to work well and in a timely manner. If things are not going according to plan, you may realize that you need to make changes quickly. An interim manager is someone who can join the project for a short period of time to help make changes as soon as possible.

 

Finding the Right One

 

When looking for the perfect individual to come in and help turn your construction project around, you need to be both thorough and open-minded. Do not settle for the first one you speak to, because you want to get a better idea of who is out there.

 

When interviewing people for the position you should be looking for both experience and mentality. Find someone who has the background that matches the needs of the project but also try to get a better understanding of what this person would do to improve the problems you and your team are currently facing. How they carry themselves and the kind of energy exude can speak volumes about how they will likely act when things get tough.

 

Identifying the Shortcomings

 

Once you have decided on an interim manager to hire, try to be open about the problems. The manager should be there to help get the project back on track and provide a fresh perspective on challenges. If the manager presents new ideas or approaches, try to keep an open mind and think about what is best for the client and the project.

 

Blog submitted by Lyle Charles: Lyle Charles Consulting is a leading construction consulting firm that offers construction claims consultant services. Visit them online for more information.

The Fundamentals of Project Management

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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.

Police Laws

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Blog written by Barry K. Rothman.

Police Laws deal with the code of conduct and the regulations that law enforcement officials have to follow. These laws are monitored by agencies like internal affairs divisions and state attorney generals. Most police laws will deal with the use of excessive force, misconduct, not reading suspects their rights, corruption, interrogation practices, and police brutality.

Police departments are considered to be non-military organizations that are overseen by the government. The main task of the police is to handle domestic issues, and not handle foreign powers overseas, as this is a military function. Apart from the police department, other agencies like sheriffs, state troopers, city police, U.S. marshals, FBI agents can exercise police powers.

The main role of the police is to preserve order. Police are granted powers in the form of force to prevent crime and the power to impose fines to protect people and property.

Although these privileges are granted to the police, their actions must be closely monitored to ensure that they are acting within the law. Sometimes police can be tempted to engage in activities that they have been asked to prevent. Often police law will be similar to constitutional and human rights laws, as these are areas that police are likely to break. Often police break laws when they get frustrated with the inability and constraints of the law to resolve cases. They then take the law into their own hands to solve a case or to get a confession out of a suspect.

Blog written by Barry K. Rothman. Read Barry K. Rothman reviews online to see how this boutique law firm helps clients throughout the entertainment industry strike a fair deal.

Want to Avoid Being Sued? Follow These Helpful Business Tips

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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?

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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.

How to legally start a business?

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If you are considering starting your business, you may be confused and stressed with the prospect of having to make a lot of decisions. Remember that planning a business also requires you to set up your business, so that follows legal government guidelines. Here are a few tips on how to start a legal business.

Prepare a business plan – A clear well thought through business plan will help to serve as a blueprint for your company’s future operations. It will also serve as a document for obtaining capital and financing your operations.

Choose a location to set up your business – Although you may think that starting your business in your home state is best, there can be legal advantages if your business is opened in other jurisdictions.

Obtain financing or other forms of startup capital – Look at speaking to a few financial institutions that will offer you capital to start-up your business. This entire process can take Therefore, it is best to apply to at least three institutions at one given time.

Determine a legal structure for your business – There are many business entities, and they offer different advantages and disadvantages regarding tax implications, governance and legal and procedural requirements.

Register your business – Register your business in the jurisdiction you choose and renew your registration annually to ensure that your company remains legally in existence.

Obtain a Tax ID, licenses and permits – You will have to obtain a tax ID from the IRS, so you establish separate taxation as a business entity. Licences and permits will have to be obtained to operate within certain areas legally.

A guide to Contracts Law

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Article written by HPB Lega, legal news & articles

legal gavel and a business contract
legal gavel and a business contract

A contract is an agreement between two or more people who have a lawful objective to do something or purchase a product in exchange for a corresponding exchange of value.

For a contract to be legal they will have to fulfil the following elements:

Offer and acceptance – A contract will become legal when an offer by one party is accepted by another party.

Intention to create legal relations – Both parties must decide to enter a legally binding agreement

Consideration – There should be value for the promise of the other party. In this case the price should be something of value, but it doesn’t have to be monetary.

Legal capacity – Not all people are free to enter a contract for it to be valid. For example, minors, people who are mentally impaired, will involve problematic consent.

Consent – Each party must enter into the contract at their own free will and with proper understanding.

Illegal and void contracts – Certain types of contracts are illegal according to common law and therefore will not be binding. For example, contracts that involve committing a crime or fraud etc.

There are two main forms of recovery (compensation) when a contract is breached. Firstly, The party can receive damages or money to the value the party would have received if the contract had not been breached. Secondly, the party can request specific performance or that the other party must carry out their obligations under the agreement that was made.

 

Business Formation Law

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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.