Michael Chernis
Top rated Cannabis Law attorney in Santa Monica, California
Practice Areas:
Cannabis law,
Criminal defense,
Civil litigation,
Business organizations,
Contracts
Education Qualification:
Fordham University School of Law
Practice Areas:
Cannabis law,
Criminal defense,
Civil litigation,
Business organizations,
Contracts
401 Wilshire Blvd 12th FloorSanta Monica, California, 90404
First Admitted: 1995, New York
Professional Webpage: https://www.chernislaw.com/attorney/chernis-michael-s/
Bar/Professional Activity:
- Admission to New York Bar, 1994
- Lawyers Committee for the National Organization for the Reform of Marijuana Laws (NORML)
- National Association of Criminal Defense Attorneys
- California State Bar Association, Litigation and Criminal Defense Sections, Member
- U.S. Court of Appeals 9th Circuit
- U.S. Court of Appeals 2nd Circuit
- U.S. District Court Central District of California
- U.S. District Court Northern District of New York
- U.S. District Court Eastern District of New York
- U.S. District Court Southern District of New York, 1995
- California, 2008
- New York, 1995
- Santa Monica Bar Association Member and Former Board of Trustee member, 2010
- California Public Defenders Association Member, 2011
- NORML Lawyers Committee Member , 2012
- International Cannabis Lawyers Association Member, 2015
- Los Angeles County Bar Association Member and Cannabis Bar Section Policy Committee, 2020
Verdicts/Settlements (Case Results):
- USA v. Bustamante et al, Tadasha Unique Johnson, Case #5:14-CR-00107-52-VAP. In this case, client was charged with 21 USC 841 carrying a 10-year mandatory minimum. I successfully got the charges dismissed after the successful filing of a suppression motion arising from a non consensual vehicle search that disclosed controlled substances , 2016
- USA v. Mansfield et al, Alion Mansfield, Case #2:13-CR-00303-1-MWF. Client was charged with participation in a real estate fraud, with federal sentencing guidelines and the USAO calling for a prison sentence of several years, even with the benefit of 5K.1 cooperation. I successfully got him probation. , 2018
- In USA v. Medina et al, Pedros Medina, Case #2:16-CR-00172-1-MWF, client plead guilty to conspiracy to distribute controlled substances and charged with a mandatory minimum sentence. Even with safety valve, the Government sought a lengthy prison sentence. The client, however, had serious medical issues that could not be addressed in prison. With the benefit of expert witnesses from the BOP, we successfully got him a sentence of probation. , 2018
- In USA v. Torres, Martha Torres, Case #2:13-CR-00458-1-DDP, client faced a 10 year prison sentence for controlled substances crimes. I successfully got her a sentence of diversion and entry into CASA resulting in no jail time. , 2019
- In USA v. Hernandez, Ezequiel Lopez, Case #2:02-CR-00788-2-CJC , client was charged with federal controlled substances offenses carrying a 10-year mandatory minimum. Client, however, was not arrested on the 2002 indictment until 15 years later. The Government claimed client was a fugitive. After substantial investigation and motion practice, we were able to demonstrate that the Government failed to prosecute in a timely fashion, that the defendant was in the district the entire time, not avoiding prosecution, and we got the case dismissed over fierce Government opposition. , 2020
- In People v Galo Tello, Case #2CJ00211-2, client was charged with two different crimes for renting his property to illegal cannabis cultivators. This resulted in fire code and criminal law violations. We were able to get him diversion in one case and the fire safety code case dismissed in its entirety. , 2021
- In USA v. Maduena-Castro et al, Cesar Sanudo-Sanudo, Case #2:21-CR-00462-3-JAK, client was charged with Alien smuggling carrying a 5-year mandatory minimum. I took over the case after a hung jury to handle trial number 2. After aggressive motion practice on a mandatory minimum charge and whether it should have been dismissed by judge on a directed verdict, we got the client a sentence of time served, 2022
- In USA v. Hong, Sherwin Hong, Case #2:17-CR-00651-1-DMG, client was charged as part of conspiracy to defraud insurance companies. Under the federal sentencing guidelines, he faced over 5 years in prison. We successfully got him a sentence of probation., 2023
- Bobnick LLC v. RHI, 20SMCV00483, in dispute against landlord on behalf of cannabis business, seeking to exercise early termination clause, obtained judgment for plaintiff tenant following bench trial, 2022
Representative Clients:
- Bobnick LLC, owner of various cannabis licenses and cannabis related IP, in various transactions and litigation matters, 2016
- Kushy Punch - represented cannabis manufacturer in connection with allegations of Prop 65 violations , 2019
- Luna Caregivers, Inc. owns a number of cannabis licenses in Montebello, CA. I serve as their outside GC, handling various corporate matters, regulatory issues and minor transactions., 2020
- Node LLC is a software platform that services licensed cannabis operators. I have provided them with a number of services involving terms of use, contracts and transactions, 2021
- FGH/Tree Factory - successfully represented retail cannabis applicant in Oxnard seeking license, including during planning and city council review process , 2021
- Bloom Botanicals, Inc. is a seller of CBD products. We represent them in connection with regulatory matters, 2022
Transactions:
- Represented client in San Diego selling pre-operations non-storefront delivery license, 2022
- Represented LLC acquiring non-storefront retail license in Port Hueneme, California, for approximately $300,000, 2022
Pro bono/Community Service:
- Central District of California Criminal Justice Act Panel of Federal Defense Counsel, 2023
Honors/Awards:
- 30 Powerful Cannabis Attorneys You Should Know, MG Magazine, 2018
- Central District of California Criminal Justice Act Panel
Educational Background:
- Brandeis University, B.A, Major: Political Science, 1989
Scholarly Lectures/Writings:
- California NORML on Federal Cannabis Policy, Speaker, California NORML on Federal Cannabis Policy, 2017
- Insurance and Risk Mitigation for CBD Spa Services and Products, American Spa CBD Summit 2019 Denver -08/05/19
- How not to get Burned by the Regulators, Pincus Recreational and Medical Marijuana Law and Business in California -11/01/18
- Federal Legality of Hemp and CBD, CBD Expo West -09/21/18
- Securing State Licenses and Local Permits, NCIA 5th Annual Cannabis Business Summit Expo 2018 -07/25/18
- 10 Things to Consider in Finding Real Estate for your Cannabis Business in Los Angeles as a Potential Social Equity Application, LA Technical College – Cannabis Social Equity -07/19/18
- California Marijuana Taxation: The Laterst Rules, Ethics, NBI Recreational Marijuana Business Law in Ca -06/19/18
- Legal Practices for Marijuana Product Packaging and Testing, NBI Marijuana Business Law in California - 01/24/18
- The Future of Cannabis Medicine — An Unfolding Political and Scientific Landscape, CBI Cannabis Based Science -12/01/17
- Federal Legality and Enforecement Issues Re: Cannabis, Hemp and CBD; the McIntosh Case; and Bills introducted in 2017, NBI Recreational Marijuana Business Law in Calfornia - 07/20/17
- Federal and Civil Aspects of MCRSA and AUMA, CaNormal - 02/18/17
- Taxes and the Treatment of Cannabis Income, Medical & Recreational Marijuana in California -10/03/14
- Lectured at quaterly seminars primarily in Los Angeles on State, Local and Federal law governing cannabis use and business models, criminal prosecutores, collectives, and State MMPA compliance issues., Cannabis Career Institute -2009-2016
- SMBA - How the new legal cannabis industry can impact your law practice , Speaker, SMBA - How the new legal cannabis industry can impact your law practice , 2017
- Los Angeles Bar Association Land Use and Planning, Speaker, Los Angeles Bar Association Land Use and Planning, 2017
- National Busines Institute - Marijuana Business Law in California, Speaker, National Busines Institute - Marijuana Business Law in California, 2018
- National Business Institute - Recreational Marijuana, Speaker, National Business Institute - Recreational Marijuana, 2018
- CA NORML Legal Seminar, Speaker, CA NORML Legal Seminar, 2019
- Pincus Seminar on Cannabis Law, Speaker, Pincus Seminar on Cannabis Law, 2019
- A Norml, CWCB Expo, Status of Hemp CBD under Federal and California Laws and Regulations: "To in use or note to infuse (with Hemp CBD), that is the question:, Speaker, CA NORML CWCB Expo Status of Hem CBD under Federal and California Laws and Regulations, 2019
- Pincus Cannabis and Hemp Law and Business in California, Speaker, Pincus Cannabis and Hemp Law and Business in California, 2020
- CA NORML BCC Complaisance and Enforcement, Speaker, CA NORML BCC Complaisance and Enforcement, 2021
Other Outstanding Achievements:
- In US v Medina, 16CR00172 (CDCA), i managed to get a client facing a 60-month term under the Guidelines with probation by demonstrating that the BOP could not successfully treat his eye condition such that he faced a serious risk of blindness., 2018
- In US v. Lopez, 02CR00788 (CDCA), I successfully moved to dismiss the indictment for a speedy trial violation where the Government waited nearly 15 years to arrest my client, defeating claims by the Government that my client was seeking to avoid arrest. The client was facing a 10 year mandatory minimum, 2020
Industry Groups:
- Cannabis
- Investing
- Real Estate
Contact Michael
All the below fields are required