October 31, 2014

California Marijuana Arrests May Increase, If Narcotic Officers Can Help It

Earlier this year, the California Narcotic Officers' Association left little doubt as to their position on the legalization of marijuana with a training manual entitled, "Marijuana is NOT Medicine." chicagonighttraffic.jpg

So perhaps it shouldn't be surprising that in its most recent quarterly newsletter detailing marijuana case law, it is educating officers on the best ways to secure a proper arrest and conviction for low-level marijuana possession during traffic stops. The author of the article, a police officer in Citrus Heights, indicates a driver's disclosure of a doctor recommendation for medical marijuana is basis enough to justify a warrantless search of the subject vehicle and person.

He goes on to note seven questions which, if answered by the driver and/or passenger, could be used by prosecutors to diminish whatever medical marijuana defense the individual may have. The article also includes information on how to prove whether a person was medicated during work hours, noting that depending on what they do for a living, "an employer may terminate a worker who tests positive for marijuana."

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October 29, 2014

New Study Shows Decriminalization of Marijuana in California has Not Led to the Disaster Predicted by Opponents

Those who oppose the legalization of marijuana are often quick to cite all the harm that will be done when more people run out and buy it. According to a recent Washington Post article on the effects of legalization in California, the opposite appears to be the case.

1212912_growing_graph.jpgThe article cites a new report from Center of Juvenile and Criminal Justice that shows overdoses, teen arrests, DUIs, and school dropout rates have fallen following decriminalization in California.

After total decriminalization took effect in the beginning of 2001, school dropout rates are down 22 percent since 2010. DWI Marijuana arrests in California are down three percent, while the rest of the nation experienced a nine percent increase. Deaths resulting from the overdose of drugs has fallen by 20 percent compared to a national increase of four percent.

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October 27, 2014

People v. Reece J. Clark: On Motions to Suppress in California Marijuana Cases

In the ever-changing world of medicinal marijuana legislation, it is important to follow all court decisions closely. The People v. Reece J. Clark, a recent case from the Court of Appeal of the State of California Second Appellate District, involved a defendant who pleaded guilty to possession of cocaine and possession of a short-barreled shotgun.

shotgun-shells-1207089-m.jpgThe primary issue in the appeal was that the affidavit in support of the warrant showed that defendant possessed and was cultivating marijuana, but it did not state whether the marijuana was possessed and cultivated for medicinal use.

The affidavit in support of the warrant, drafted by an LA County Sheriff's Deputy, alleged that the affiant was extensively trained by the department and had a considerable amount of field experience in the sale of street level drugs.

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October 25, 2014

Allen v. County of Lake: Court Issues Preliminary Injunction for Medical Marijuana Patients' Protection

In Allen v. County of Lake, the United States District Court for the Northern District of California recently issued an order granting plaintiff's motion for a preliminary injunction prohibiting abatement actions against medical marijuana cultivators.

860421_police_search.jpgIn July of this year, Lake County Ordinance No. 2997 ("ordinance") took effect. This ordinance regulates medical marijuana cultivation within Lake County California. Specifically, ordinance prohibits any growing of marijuana on vacant parcels of land, any growing on parcels that are one acre or less, growing more than six mature plants or 12 immature plants on parcels larger than one acre outside of local growth boundary, and using more than 100 square feet of indoor space to grow marijuana.

According to court papers, in August of this year, police officers from various state and local agencies conducted no less than seven searches of medical marijuana patients' homes without obtaining warrants. Marijuana plants were seized during some of these searches without any warrants being issued by a judge or magistrate.

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October 23, 2014

New App for Medical Marijuana Delivery in California

There are smartphone for apps for everything these days. According to a recent article from Tech Crunch, a new startup company in San Francisco has an app for medical marijuana users. The company requires users to upload their California identification card or a valid driver's license and physician's recommendation letter.

mobile-phone-in-hand-1438232-2-m.jpgThe patient information database is said to be completely secure and HIPAA-complaint and can be used whenever users log on to the app, so there is only a need to upload this information when signing up for an account.

The medical marijuana app lets patients in California see pictures of the marijuana they wish to order and make a selection. Once placing an order, the medical marijuana patients should receive a home delivery within one hour of placing an order. This is helpful to those are too sick to go to a dispensary or don't have a care provider to go for them.

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October 21, 2014

Anaheim Pulling Plug on Medical Marijuana Dispensaries

According to a recent article from the Orange County Register, the City of Anaheim is using their control of the local water and power supply to literally pull the plug on medical marijuana dispensaries.

three-prong-electrical-cord-adapter-772937-m.jpgIn a city where medical marijuana dispensaries are illegal, the city has decided to use this more direct approach to get them to leave. Nine dispensaries were closed last month, and city officials believe that an additional eight dispensaries will be closed in the very near future.

The city is also planning to send letters to nearly a dozen more illegal medical marijuana dispensaries, threatening to shut off their water and power if they do not shut down operations immediately.

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October 21, 2014

Deputy Attorney General: California Needs Better Regulation of Medical Marijuana Industry

Despite growing public support for medical marijuana in California, federal officials are calling for more regulation. According to a recent news article from the LA Times, U.S. Deputy Attorney General James M. Cole stated during an interview that California should strengthen its regulation of the burgeoning cannabis industry.

freedom-1-889853-m.jpgCole is leaving the Department of Justice along with his employer, the Attorney General, but says that he takes pride in his efforts to take a softer approach to how the federal government has enforced marijuana laws during his tenure.

Last year, Cole issue memo to all federal prosecutor's offices that had aggressively targeted the medicinal marijuana industry, requesting that they show restraint in states such as a California that have legalized medical marijuana.

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October 19, 2014

California Marijuana Legalization on a State and Local Level

While there is no question that the country is moving toward legalization of marijuana, there is a question of who is driving the recent trend. Some laws are created at the state level, while local governments enact others.

gavel41.jpgA recent article from Capital Public Radio looks at how the efforts to legalize marijuana in California are in some ways similar to efforts to ban the use of plastic bags.

Across the country, state and local governments have been passing laws to ban the use of plastic bags. The reason behind these laws is that after being used a single time, many of these bags find their way to local waterways and landfills. In landfills, they will remain for hundreds and even thousands of years. In water, they can break down in as little a year, but they release toxic chemicals in the waterway during the process.

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October 17, 2014

Three Arrested in Large Marijuana Grow Operation in California

In the ever-changing climate of marijuana legalization and medical marijuana legislation, it is sometimes hard to predict what police will do in any given situation. According to a recent news article from 760 AM KFMB News in San Diego, three defendants were arrested in a marijuana grow bust operation.

handcuffs.jpgAuthorities have stated that police executed a search warrant and seized hundreds of marijuana plants, several rifles classified as high-powered, handguns, thousands of dollars in cash, and some quantity of opium. At the scene, police allegedly found indoor grow lights, an irrigation system, and an emergency generator to be used in the event of a power outage.

It has also been alleged that one of the defendants, who is though be the leader of the group, used a screen printing business as a front for the marijuana growing operation. Two of the defendants were on scene at the time of arrest, apparently caring for the plants.

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October 15, 2014

Couple Arrested for Facebook Marijuana Business

Despite more states decriminalizing and legalizing marijuana for medical use and distribution, the fact remains that marijuana is still illegal under federal law. Medical marijuana business owners must be wary of state regulations as well as federal policies to avoid liability. Even when in compliance, these business owners may still risk criminal prosecution. In a recent case, a Massachusetts couple has been charged by local authorities for selling medical marijuana and edibles over the internet. Now the young couple, in their 20s could face federal charges, even jail time.
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Whether you are an existing marijuana business owner or you are considering a foray in the medical marijuana market, it is important to have a clear understanding of your rights and obligations. You should also be wary of the pitfalls in the marijuana industry when up against complex state regulations and overarching federal laws. Our Orange County medical marijuana attorneys are dedicated to protecting the rights of our individual and business clients. We are dedicated to staying abreast of evolving marijuana laws and in helping defend our clients in the event of a criminal investigation.

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October 13, 2014

Sprint Car Driver "Impaired" by Marijuana When Killed

Opponents of legalization often point to public safety as a reason to continue to enforce laws against recreational use. Whether you are a marijuana advocate or against legalization, cases involving driving under the influence are critical to the debate. According to recent reports, the sprint car driver, Kevin Ward Jr., was under the influence of marijuana when he was struck and killed by NASCAR driver Tony Stewart. The recent toxicology report sheds new light on the case, casting doubt on the actions of the victim and releasing the driver from any culpability.
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In any accident case that results in a casualty, law enforcement officials will conduct a thorough investigation to determine the cause and identify responsible parties. Our Orange County marijuana attorneys are experienced in all angles of marijuana law, from regulatory and compliance issues through criminal defense. In addition to staying abreast of local and state developments in marijuana law, we also stay current on changing marijuana laws by state at the federal level.

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October 13, 2014

Revenues Could Top $3 Billion if All States Legalize

One of the leading arguments for legalization of recreational marijuana use is the potential for state and federal tax revenues. According to recent reports, if all states moved to legalize marijuana for recreational use, they could be collecting over $3 billion per year in tax revenues. The NerdWallet report projected a total of $3.1 billion per year. Of all the states, California is forecasted to benefit the most from recreational use legalization. According to their projections, California could rake in more than $519 million per year through recreational use marijuana taxation.

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Whether you are pro-legalization, a medical marijuana card holder, or marijuana dispensary owner, it is important to understand the potential tax benefits and regulatory changes that could take place in the state of California. Our Orange County marijuana dispensary attorneys are committed to staying abreast of all legal chances and in providing strategic and committed advocacy to California residents. In addition to helping individuals and businesses ensure compliance with the law, we are also abreast of regulatory changes and can represent clients who are under investigation or charged in a criminal matter.

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October 12, 2014

San Diego Man Arrested for Shipping and Selling Marijuana

Illegal distribution and sale of marijuana can result in significant state or federal criminal charges. Penalties may range from fines to an extended jail sentence depending on the severity of the offense. In a recent case a San Diego man was arrested and charged with shipping and selling marijuana in Manitowoc. According to reports, the 67-year-old defendant was arrested and charged with one felony count of delivering marijuana over 10,000 grams and two felony counts of delivering between 2,500 and 10,000 grams. He was booked in Manitowoc and his bail was set at $150,000 cash.
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Despite loosening marijuana laws and decriminalization in many states, criminal charges remain a threat to those in the marijuana business. Our Orange County marijuana dispensary attorneys are dedicated to raising awareness to protect the rights and interests of individuals and business owners throughout Southern California. In addition to providing strategic criminal defense, we are also prepared to help dispensary owners establish legally compliant business operations. In the event of a criminal investigation or charge, any defendant should consult with an experienced attorney as soon as possible.

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October 11, 2014

Strict Regulations Make Legal Marijuana Scarce in Washington

For recreational pot enthusiasts, one of the benefits of legalization is easy access and sale of marijuana. Despite the legalization of marijuana in Washington State, a recent USA Today report indicates that it is difficult to find pot shops in Seattle. Investigative reports found only one legal marijuana shop open in the city and finding the shop meant trekking outside of downtown into an industrial area. Even once the reporters found the pot shop, there wasn't enough pot to fill the shelves. According to pot shop owners in Seattle, state regulations have made it difficult for growers and retailers to streamline the business.
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Under Washington State licensing laws, only 60 marijuana licenses have been granted and not all of them have opened up for business. According to industry insiders, the marijuana business is tough because state laws make it challenging to grow and distribute to proper channels. In short, the legal supply is low, keeping much of the trade in the black market to avoid paying taxes. Our Orange County marijuana law attorneys are abreast of developments in the marijuana industry throughout California and nationwide. We are abreast of changes in regulations and developments in the marijuana business.

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October 10, 2014

Homeless Flock to Colorado for Marijuana Jobs

The marijuana industry is drawing interest from investors and business entrepreneurs nationwide. Another group that has been attracted to the financial prospects of marijuana sales are members of the homeless population. According to recent reports, homeless people from around the country have been flocking to Colorado in an attempt to find work in the ever-growing marijuana industry. As the first state to legalize recreational use, Colorado offers both a safe haven for users as well as economic possibilities for those who are homeless or out of work.

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The legalization of recreational marijuana has already inspired "weed tourism" attracting pot smokers from neighboring states and nationwide. Those who come to Colorado to partake can smoke without facing criminal charges. Among those who have reaped the benefits of recreational pot use without the potential for criminal liabilities are members of the homeless community, many of whom are also looking for work. Our Orange County marijuana law attorneys are dedicated to raising awareness to protect the rights of individuals involved in the marijuana business. We are abreast of legal changes in California and nationwide, as well as trends in the marijuana market.

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Recent Entries

October 31, 2014 California Marijuana Arrests May Increase, If Narcotic Officers Can Help It Earlier this year, the California Narcotic Officers' Association left little doubt as to their position...

October 29, 2014 New Study Shows Decriminalization of Marijuana in California has Not Led to the Disaster Predicted by Opponents Those who oppose the legalization of marijuana are often quick to cite all the harm...

October 27, 2014 People v. Reece J. Clark: On Motions to Suppress in California Marijuana Cases In the ever-changing world of medicinal marijuana legislation, it is important to follow all court...

October 25, 2014 Allen v. County of Lake: Court Issues Preliminary Injunction for Medical Marijuana Patients' Protection In Allen v. County of Lake, the United States District Court for the Northern District...

October 23, 2014 New App for Medical Marijuana Delivery in California There are smartphone for apps for everything these days. According to a recent article from...

October 21, 2014 Anaheim Pulling Plug on Medical Marijuana Dispensaries According to a recent article from the Orange County Register, the City of Anaheim is...