Marijuana Lawyer Blog

The fight for medical marijuana rights is hitting the airwaves, Time Magazine reports.

The first-ever commercial aired on a Fox channel in Sacramento. The ad defies stereotypes by featuring a pretty young woman suffering from bone disease and a middle-aged woman who was hit by a drunk driver. Meanwhile, some parents are busy worrying about the commercial's impact on children. Do these same children have access to the Internet? Do they ever look at a newspaper or watch the evening news?

Our Los Angeles medical marijuana lawyers continue to fight for the rights of medical marijuana patients, collectives and growers. The industry is currently under attack by a patchwork of local laws that we believe will ultimately fail to prevail against the wishes of patients and the laws of the State of California.

Cannabis is now legal for medicinal use in 14 states and is not going away. It is a proven pain killer and its advertising is just as legal as that of any prescription medication. These same parents are not hollering about Viagra commercials. And, should marijuana become legal in November, it will be another sign that it is time for the small but vocal crowd of reactionary voices to jerk their heads out of the sand before they suffocate themselves.

While Time claims that laws specifically prohibiting marijuana ads would be unlikely, we are not so sure. That is precisely what anti-dispensary ordinances do -- single out one legal drug for sanctions. The fact that cigarette commercials are illegal is a prime example. Our marijuana dispensary attorneys in Los Angeles have no doubt that local and state lawmakers could busy themselves with such an issue rather than tackling the real needs of the state.

Continue reading "Medical marijuana commerical makes history with airing in Sacramento" »

The Los Angeles County Sheriff is attacking the entire marijuana dispensary industry in the wake of last week's triple murder in West Hollywood, according to the Los Angeles Times.

Our Los Angeles marijuana dispensary attorneys believe this is dangerously close to blaming the victim. Actually, it is blaming the victim. Dispensaries, like banks and the convenient store industry, can be targeted by criminals because of the presence of cash. If law enforcement has ever blamed banks for the high robbery rate, we missed it.

The sheriff's contention that the dispensary industry is a tool used by the criminal element to make money and get drugs is erroneous. In fact, legalizing marijuana --whether for medicinal or recreational use -- has the opposite effect; it takes the money-making potential out of the hands of the criminals and returns it to the state.

The Times notes the sheriff did not provide any specific examples but mentions several high-profile killings this summer, including the deaths of workers in Echo Park and Hollywood during apparent robberies earlier this summer.

Having targeted this legal industry for discrimination and forced closure, local law enforcement has not overtly stated that it is essentially a criminal enterprise. Our medical marijuana patients and legitimate business owners could not disagree more.

And we'll see you in court.

Continue reading "Los Angeles sheriff blames medical marijuana dispensaries for being crime victims" »

The California General Assembly voted 43-33 along party lines to decriminalize marijuana possession on Tuesday.

Our Los Angeles marijuana defense attorneys applaud the move; we just hope local municipalities have the good sense to not spend their time throwing up additional laws, ordinances and other needless roadblocks.

Current California law provided for a fine of up to $100 for possession of less than an ounce of marijuana but violation of the law still constituted commission of a misdemeanor offense. Such classification led to mandatory court appearances and a criminal record. It was the only misdemeanor under California law that had a set maximum fine and not jail time.

The legal change now classifies a violation as an infraction -- similar to a traffic ticket. Not as a misdemeanor offense. The maximum fine remains $100.

The San Francisco Democrat reported that the misdemeanor offenses were clogging the court system. Marijuana possession offenses numbered 61,388 in 2008,

Continue reading "California decriminalized marijuana this week -- Perhaps you missed it" »

Only about 41 medical marijuana dispensaries are eligible to remain open in Los Angeles, according to the Los Angeles Times.

That means the city's ordinance targets for closure more than 9 out of every 10 marijuana collectives. As our L.A. medical marijuana attorneys continue to report, it will be imperative for dispensaries to seek experienced and legal representation to protect their patients and their livelihoods from the overreaching impact of the city's ordinance.

Initially, the city reported the ordinance would allow about 140 of the more than 500 collectives to remain in operation. Now, the number is so low, city officials have asked a judge to intervene and add legitimacy to the fiasco by ruling that the city's process is legal.

The city already faces more than 30 lawsuits that have been filed by about 85 dispensaries. The Los Angeles marijuana dispensary lawyers at the CANNABIS LAW GROUP are representing more than a dozen businesses in the Los Angeles area and urge collectives to call to discuss their rights.

As we reported on our Marijuana Lawyer Blog, Attorney Damian Nassiri argues the city has violated its own process by suing 128 collectives instead of issuing a list and allowing pre-inspections for those collectives who were allowed to register to remain open as originally promised.

Judge Anthony J. Mohr is presiding over the lawsuits and has a Sept. 21 hearing set on constitutional issues. It is unclear when he might rule on the city's lawsuit.

Under the initial ordinance, about 130 dispensaries were expected to remain open. If the number falls below 70, additional dispensaries would be chosen for a license through a lottery system. However, the city's location requirements are so strict it is unclear whether they would be able to find an acceptable location in which to operate.

The city now reports that 128 of 169 dispensaries that applied to remain open have failed to satisfy the city's criteria.

Here is a map of Los Angeles marijuana dispensaries.

Continue reading "City's has turned its marijuana ordinance into a circus; time to put a tent over it" »

The city attorney has asked a judge to support a move to shut down about 130 Los Angeles medical marijuana dispensaries, the Associated Press reported.

Los Angeles Medical Marijuana Attorney Damian Nassiri said the city has jumped the gun by filing the lawsuit instead of issuing the list and permitting collectives to respond.

The city claimed surprise upon discovering that the ordinance that went into effect on June 7 would only permit 41 pot shops. The city had aimed to allow at least 70 and as many as 140 were expected to pass muster. So the city was off by 75 percent. Any wonder why the budget is a mess?

Now the city wants a judge to sanction its craziness. With more than 80 lawsuits filed by dozens of dispensaries, officials apparently have enough sense to be concerned about the liability of forcing hundreds of legitimate businesses to close without the blessings of a judge.

"We know of at least one collective that is being denied because it has added a new corporate officer, a Secretary. This is not a disqualifying factor," Nassiri said. "Another thing here is that this lawsuit seems to be premature in that the Court has not ruled on whether this ordinance is even valid. That is the subject of our current lawsuit and one which the City should allow to be determined. The City is putting the cart before the horse. And they are squandering taxpayer's money to boot."

The Los Angeles marijuana dispensary lawyers at the CANNABIS LAW GROUP are representing more than a dozen collectives in the Los Angeles area and offers confidential appointments to collectives looking to fight the ordinance.

The city's letter permits these businesses to remain open pending the court decision. If the number of dispensaries falls below 70, the city would hold a lottery to issue operating licenses to the remaining dispensaries. However, the strict nature of the ordinance, which prohibits dispensaries from being located within 1,000 feet of many areas, including schools, parks and residential neighborhoods, calls into question whether new dispensaries could find legal locations in which to operate.

Continue reading "Los Angeles medical marijuana attorney says city lawsuit is premature" »

The National Black Police Association's announcement that it will support California's marijuana legalization initiative is a high-profile boost to backers of Proposition 19, the L.A. Times reports.

About 30 other police officers and law enforcement officials have also supported the measure.

Our Los Angeles medical marijuana defense lawyers continue to monitor the legalization issue even as or marijuana dispensary attorney fight for the rights of collectives and dispensaries throughout the L.A. area.

We reported earlier this month when the California NAACP endorsed the measure, saying marijuana laws disproportionately targeted African Americans. The police association's executive director made a similar argument to the Times.

"It means that we will be locking up less African American men and women and children who are using drugs," said Ron Hampton, a retired Washington, D.C., police officer with 25 years experience. "We've got more people in prison. We've got more young people in prison. Blacks go to jail more than whites for doing the same thing."

He said money spent on the war on drugs could be better spent on job creation, housing and education.

Both the state NAACP and Law Enforcement Against Prohibition, will seek to broaden support for Proposition 19. The measure will allow those over the age of 21 to grow small amounts of marijuana and to possess marijuana in quantities up to an ounce.

The Drug Policy alliance contends that African Americans account for 22 percent of all marijuana arrests even tough they comprise only 7 percent of the population.

Continue reading "Black Police Association supports California's marijuana legalization initiative" »

California medical marijuana patients won a partial victory this week with the issuance of a much anticipated ruling in a case against the City of Anaheim.

As our Riverside medical marijuana dispensary attorneys have reported on our Marijuana Lawyer Blog, many cities were awaiting this ruling before proceeding with ordinances of their own. In Riverside County alone, Wildomar is considering approving dispensaries while Riverside, Hemet, Lake Elsinore and Temecula have enacted bans.

Thus far, the courts have avoided making a decision on whether the state's medical marijuana law trumps the ordinances put in place by various cities. Those typically utilize zoning laws and other measures to force marijuana dispensaries out of business or to prevent them from opening in the first place.

Instead, a lower court ruled that the Federal Controlled Substances Act trumps the State's medical marijuana law. Patients appealed after an Orange County Superior Court Judge dismissed the case.

The Court of Appeals ruled this week that federal law does not trump state law -- and remanded the case back to Superior Court, again without deciding the larger city versus state issue.

"The trial court erred as a matter of law in concluding federal regulation of marijuana in the Controlled Substances Act (21 U.S.C. § 812 et seq.) preempted California's decision ... to decriminalize specific medical marijuana activities under state law. We therefore reverse the judgment."

CANNABIS LAW GROUP Attorney Damian Nassiri said it is a victory for medical marijuana rights "because it means that City's cannot rely on federal law to ban medical marijuana dispensaries as they are creatures of the state, not federal government."

It is not unusual in complex cases for a higher court to use outlying issues to issue a ruling on a case without addressing the core issues at hand. In this case, whether state law trumps city ordinances was not yet "ripe" for a decision because the court had an alternative legal avenue upon which to base its decision.

The Los Angeles Times reports that some had anticipated a major decision because the 4th District Court of Appeals in Santa Ana had asked for additional information and had taken a year to issue the ruling.

The Times reports that 133 cities have banned dispensaries and 99 have moratoriums. Nine counties have bans and 15 have moratoriums. Only 38 cities and nine counties allow dispensaries.

Continue reading "Ruling on Anaheim marijuana ordinance a victory for patients - court avoids larger decision in battle between cities and state" »

Twenty medical marijuana dispensaries in Wildomar have filed applications since city leaders first discussed lifting a ban on the businesses, the Press Enterprise reported.

Our Riverside marijuana dispensary lawyers are dedicated to fighting for the rights of medical marijuana collectives, growers and patients. We believe these bans are a temporary obstacle thrown up by reactionary governments. State law, and the eventual legalization of marijuana (whether or not Proposition 19 passes in November) means fighting local ordinances is the best way to ensure your business survives and prospers. Our Los Angeles dispensary defense attorneys represent more than a dozen marijuana collectives in Southern California and we believe there is strength in numbers when it comes to fighting local ordinances.

Wildomar has received 20 applications in the four months since it voted to draft and ordinance making it the second city in Riverside County to allow medical marijuana dispensaries. Palm Springs also allows the legal businesses to operate in compliance with state law. Applicants include residents from Wildomar, Murrieta, Riverside, north San Diego County and Los Angeles.

The ban on dispensaries has been in place since the city incorporated in 2000. The city council is expected to revisit the issue next month.

Several former owners of Los Angeles collectives, which were forced to close when Los Angeles enacted a ban on June 7, have applied for permits in Wildomar and are shopping for homes. The owner of a delivery service has rented office space in Temecula.

One establishment is planning a dispensary and health and wellness operation that would also provide acupuncture and chiropractic services.

Continue reading "Wildomar could join Palm Springs in permitting marijuana dispensaries in Riverside County" »

A teenager arrested for tending a marijuana plantation has told authorities it was his job to pay off the smugglers who helped him get out of Mexico, the Mercury News reported.

It's hard to argue that legalizing marijuana wouldn't help prevent criminals from profiting. We have no doubt politicians will argue it. But it's a tough argument to make. The same was true during prohibition when gangsters like Al Capone made their fortune providing bootleg liquor.

Our Los Angeles marijuana defense attorneys and Ventura County immigrant rights lawyers work with clients facing all types of state and federal charge in connection with marijuana or immigration charges.

The 16-year-old was one of two teenagers who were arrested as authorities cleared marijuana groves in the Los Padres National Forest. He said he was working to pay off the smugglers who helped him cross the border last month. A 17-year-old teenager declined to speak to investigators.

Law enforcement has spent weeks chopping down hundreds of thousands of marijuana plants grown on public lands. If Proposition 19 passes in November, it would legalize marijuana for personal use and allow local governments to raise money by taxing its sale.

Continue reading "Teen admits to being illegal immigrant, tending marijuana plantation to pay smuggler" »

A Sacramento Bee poll found a narrow margin of support for the marijuana legalization measure on the November ballot. The Los Angeles area also had among the highest percentage of admitted pot smokers in the state.

Our Los Angeles marijuana defense attorneys have reported on our Marijuana Lawyer Blog that the vote on Proposition 19 will likely go down to the wire in November.

In the latest poll, 51 percent favored legalization; four percent favored its legalization and use by anyone, while 47 percent favored legalization with strict controls similar to alcohol. Nineteen percent said current laws should be strictly enforced, while 14 percent said new, even tougher laws should be passed.

The remaining 13 percent said the current laws should remain in place but the penalties should be less severe.

In what is perhaps the most recent and comprehensive poll of marijuana use, a near-majority of people admitted to trying marijuana at least once and about 1 in 10 Californians admitted to using marijuana in the last year.

Bay Area: 11.4 percent admitted to smoking pot in the last year.
Los Angeles County: 8.8 percent
Northern California: 8.1 percent
Southern California: 7.7 percent
San Diego/Orange Counties: 4.8 percent

The number of people who admitted to smoking marijuana at least once has doubled, from 28 percent in 1975 to 47 percent this year.

Continue reading "Los Angeles has among state's highest percentage of admitted marijuana users" »

Glendale is expected to extend its ban on medical marijuana dispensaries, the Los Angeles Times reported.

Our Glendale medical marijuana attorneys and Los Angeles marijuana dispensary lawyers continue to fight on behalf of legal businesses and medical marijuana patients throughout Southern California.

The city attorney is set to recommend that city council extend a moratorium for an additional year as they await a court ruling on an Anaheim ban and the results of the legalization issue of the November ballot.

The city attorney noted it's questionable whether the city will be able to keep such a ban in place -- saying there was a "lack of certainty in the ability to ban or heavily regulate marijuana dispensaries."

However, Mayor Ara Najarian is opposed to allowing the businesses in Glendale.

"A recent double homicide in Los Angeles highlights the point that there is a lot of inappropriate and unsavory activities that go on around those dispensaries," he said Friday. "They really increase the likelihood of abuse and inappropriate sales."

The attacks on the shops in Los Angeles came in the wake of an arbitrary ordinance that seeks to close three-quarters of the city's legal dispensary businesses. The CANNABIS LAW GROUP is representing more than a dozen dispensaries in the Los Angeles area against such unfair and discriminatory ordinances.

Continue reading "Glendale marijuana dispensary moratorium another example of government overreaching" »

An opinion piece in the Los Angeles Times challenges the contention that California cannot legalize marijuana because of conflicting federal law.

As our Los Angeles marijuana defense attorneys reported recently on our Marijuana Lawyer Blog, a federal crackdown could come if Proposition 19 passes and recreational marijuana becomes legal in California.

For starters, the U.S. has entered into treaties with other nations that require marijuana to remain illegal (an exemption exists for medical purposes). But, as a far more practical matter, marijuana legalization could significantly reduce the price of marijuana and a legal marijuana industry in California could fuel the illegal marijuana drug trade in much of the rest of the United States and Canada.

The U.S. Department of Justice has said enforcing federal marijuana laws are not a priority in states that have legalized medical marijuana. But that could change with the news that recreational marijuana is legal in California.

Hanna Dershowitz writers in the Times that it is incorrect to assume that federal agents will begin raiding farms and shops should the state pass Proposition 19. She argues that either the state or the federal government is permitted to outlaw marijuana but neither is required to do so. She writes that both New York and California repealed state laws abolishing alcohol, despite the continued existence of a federal ban during prohibition.

She claims federal agents attempting to enforce small-time marijuana violations would flood federal courts and require copious amounts of additional funding, while making virtually no dent in the use of marijuana in California.

She also points out that legalization would force the federal government to justify marijuana's prohibition in the first place. And that the feds could respect state's rights by amending the Controlled Substances Act to permit marijuana. But Dershowitz, who is a member of the Proposition 19 legal subcommittee, does not address the motivation that might be present on the part of the feds if large scale marijuana operations begin fueling the supply in states that do not wish to legalize it.

Nor is the federal government overly concerned with state's rights, as has been evident with the recent lawsuit over Arizona's immigration law.

Continue reading "Impact of federal law on California's marijuana legalization issue remains uncertain" »

Signal Hill continues to insist upon banning medical marijuana dispensaries, even as Long Beach prepares to reap the tax benefits of these legally operating businesses.

The Press-Telegram reported that city council has chosen to extend its moratorium against medical marijuana dispensaries in the 2.2 square-mile city.

Our Los Angeles marijuana dispensary attorneys and Long Beach marijuana defense lawyers are dedicated to defending the rights of marijuana patients, growers and businesses throughout Southern California. The CANNABIS LAW GROUP currently represents more than a dozen marijuana dispensaries in the Los Angeles area.

City Planner Scott Charney sand Signal Hill is taking a wait-and-see approach. "Given the changes occurring in Long Beach and Los Angeles, and the potential state law changes, the City Council thought it was wise to see how things shake out," he said.

The moratorium kicks the can down the road, giving the city until next July to "research the effects of medical marijuana dispensaries on other cities." How many years do city leaders need? We would like to see the results of this research.

The city manager said concerns included people standing outside the businesses smoking and theft form the collectives, which handle significant amounts of cash. So far as we know, you could find both these conditions present at every convenience store in Southern California but we know of no city with plans to ban them.

During the moratorium, several dispensaries opened in Signal Hill without a permit. The city attorney used code enforcement to shut them down. The media reports that city leaders will have to arrive at some sort of decision when the current moratorium extension expires.

Though we are sure that extending it again will always be an option.

Continue reading "Signal Hill extends moratorium on medical marijuana dispensaries" »

The City of Long Beach is set to approve a tax of recreational marijuana, should voters approve Proposition 19 on the November ballot, the Press-Telegram reported.

Our Los Angeles dispensary defense lawyers and Long Beach marijuana attorneys continue to report the proactive measures being taken by local city governments even as the antiquated leadership of Los Angeles attempts to close medical marijuana dispensaries. Should marijuana be legalized in November, city and county governments would be permitted to reap millions in tax dollars. However, Los Angeles is presently attempting to drive its legal medical marijuana dispensaries out of business.

Long Beach's measure would tax medical marijuana dispensaries as well, regardless of whether the legalization initiative passes.

Long Beach is facing a projected budget deficit of $18.5 million and additional deficits are expected in each year through 2014. Under new and existing measures, marijuana collectives in Long Beach would be required to pay $15,742 in permit fees. Many of the collectives believe those fees are excessive and that taxing medical marijuana could keep it from patients in need.

We certainly understand their concerns and don't believe marijuana collectives or any other legal businesses should be subjected to excessive taxation. But neither do we believe they should be driven out of business by short-sighted politicians who forgo the benefits of tax revenue while targeting legally operating businesses for closure.

Continue reading "Long Beach set to tax marijuana dispensaries; short-sighted Los Angeles politicians clinging to lack of vision" »

The California Democratic Party has officially decided not to endorse Proposition 19, the effort aimed at legalizing marijuana, the Los Angeles Times reported.

Our Los Angeles marijuana defense lawyers continue to monitor the marijuana legalization issue as our medical marijuana dispensary defense lawyers represent more than a dozen legal medical marijuana businesses that are being threatened with closure by local ordinances.

Democrat party officials made the decision on Sunday. The Times reported the short but passionate debate in a hotel meeting room left little doubt that most planned to support the legalization measure at the polls in November. But the state party opted to adopt a neutral position on Proposition 19, which leaves the many local democratic committees and organizations free to endorse the measure.

As we reported on our Marijuana Lawyer Blog, the measure has picked up the high-profile support of the food services union, the California NAACP and a former U.S. Surgeon General.

While many supported the measure, the overwhelming argument was that statewide support could hurt Democratic candidates in close local races.

"We're concerned that our candidates, Jerry Brown, Barbara Boxer and others, who have actually come out against this are going to be compromised," said Steve Preminger, the chairman of the Santa Clara County Democratic Central Committee, "so we're going to get lost in a discussion about the merits of whether we should legalize or not, when, really, we the Democratic Party want to put all of our efforts into electing our ticket."

Proposition 19 would permit those over 21 to grow, possess or transport marijuana and would permit cities and counties to tax marijuana sales.

The Democratic party's executive board voted 101 to 85 against an endorsement.

Continue reading "California Democratic party narrowly votes against supporting marijuana legalization issue" »