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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October 8, 2014

Colorado Rolls Out Tighter Regulations in 30 Rules

The U.S. Justice Department issued a statement earlier this year that it would not prosecute in states where marijuana was legal so long as the industry is adequately regulated. Now Colorado marijuana users, growers, distributors, and other members of the marijuana industry will be forced to comply with an additional 30 rules related to all aspects of the business. In late September, the Marijuana Enforcement Division (MED), released a new set of rules related to licensing, cultivation, protection, edibles, sales, training and product testing.
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While the new rules may initially slow some operations, authorities report that the marijuana business in Colorado is a work in progress and the new standards are simply a modification to the original law. Our Orange County marijuana attorneys are dedicated to protecting the rights of marijuana card holders, dispensary owners, and others in the marijuana business. In addition to protecting the rights of our local clients, we are also abreast of legal changes in Colorado and nationwide. The ever-evolving marijuana regulations are a reminder that current laws are in flux and all users and industry members should stay abreast of regulatory changes to prevent liability.

According to recent reports, the new changes make sense and will help with consumer education and to ensure vendor responsibility. One of the new rules was a revision of an earlier proposed rule that would have limited the number of plants to be grown in indoor operations. The new rules do not distinguish between indoor or outdoor growing facilities, allowing 3,600 plants for cultivation. Industry insiders assert that the state legislators responded to the testimony of greenhouse workers to a suitable compromise.

Currently, the state has issued 18,666 marijuana occupational licenses. Under the new rules individuals with licenses will be required to perform "responsible vendor training' requirements to ensure public health and safety. These rules also apply to the production and distribution of edible marijuana products. There are 496 medical shops, 242 recreational stores, and an additional 177 applications for operational and stores pending.

According to legislators, the rules are intended to improve safety, consumer education, and to make the marijuana industry transparent. Consumers should know what to expect and vendors should have clear guideposts to ensure compliance. In addition to health and safety training, the new rules will also reduce the amount of marijuana found in any edible product. Under the new rules, a single serving cannot contain more than 10 milligrams of THC. Products must also be easily identified. Adjusting the serving size rule is meant to ensure safe consumption and to prevent accidental over consumption by children, teens, or adults.

The new rules will also change testing requirements, requiring tests on the potency of edibles, as well as to test for pesticides or fungi. Though marijuana business owners see the positive aspects of the regulation, they are also concerned about the increase in expenses, licensing, testing, and taxation. Safety advocates are also concerned that the new rules do not go far enough in regulating the industry.

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October 7, 2014

Road Safety Experts Concerned About Impact of Legalization

While users, industry leaders, and medical experts tout the benefits of marijuana use, many safety advocates have voiced concern about the potential risks of legalization. From teen brain damage to the dangers of edibles, safety advocates have continued to warn of the potential risks of recreational use. Road safety experts are now getting involved in the debate, concerned about the impact of legalization. According to a USA Today report, public safety advocates are concerned that highway rules for pot DUI are not sufficiently established, which could increase the rate of fatal accidents.

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As states have paved the way for medical use and recreational legalization, federal laws have remained stagnant. Currently, medical marijuana is legal in 23 states and both Washington and Colorado have legalized recreational use. There are also 16 states (and Washington D.C.), that have decriminalized the use or possession of marijuana. According to some safety experts, all of this slackening of marijuana laws makes it more likely that drivers will be smoking before getting behind the wheel. Our Orange County marijuana law attorneys are dedicated to staying abreast of legal trends and in protecting the rights of our clients. In addition to keeping our business and individual clients informed, we are also aware of the development of marijuana laws nationwide.

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October 5, 2014

Operation Grow 4 Vets Donates Marijuana to Veterans

Veterans returning from combat often suffer from a host of mental and physical ailments. In addition to the disabilities, loss of limb, and other physical injuries that can result in severe pain and suffering, many veterans also suffer from post-traumatic stress disorder which can result in depression, personality disorders, anxiety and other mental afflictions. For many veterans, medical marijuana helps to alleviate these symptoms. In late September, over 1,000 veterans congregated in a Colorado Springs hotel for Operation Grow 4 Vets to participate in a marijuana giveaway. The organization is dedicated to delivering cannabis-based treatments to veterans.

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In the giveaway that donated to veterans from throughout Colorado and out-of-state, participants were given a bag of items, including cannabis oil, marijuana chocolate, and seeds to grow their own marijuana plants. Our Orange County medical marijuana attorneys are dedicated to raising awareness to protect the rights of individual marijuana users, cultivators, and dispensary owners in California. In addition to staying abreast of marijuana law in our own backyard, we are also committed to following trends and stories related to marijuana use nationwide. Our legal team is prepared to protect the rights and interests of medical marijuana users, including veterans, as well as medical dispensary operators and others involved in the marijuana industry.

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Recent Entries

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...

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...

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...

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...