Cannabis Law Group's Medical Marijuana Legal Blog

A Claremont California medical marijuana delivery business has ceased operation after an announcement by the Los Angeles District Attorney's Office that it would seek to prosecute anyone distributing medical marijuana by home delivery, the Inland Valley Daily Bulletin reported.

As our Claremont medical marijuana attorneys and Los Angeles dispensary lawyers recently reported, a number of dispensary businesses forced to close because of local city ordinances are seeking new life as marijuana delivery services.

Los Angeles District Attorney Steve Cooley contends that such delivery services are illegal and violators could face felony drug charges. The CANNABIS LAW GROUP encourages owners of dispensaries or delivery services who are facing harassment or criminal charges to call for a confidential appointment to discuss their rights.

Cooley, who is running for state attorney general, issued the opinion in response to claims that medical marijuana providers in Los Angeles are continuing to serve the needs of patients by providing delivery services. Los Angeles recently passed an ordinance seeking to force the closure of about three-quarters of the city's medical marijuana dispensaries. The dispensaries were operating legally under California law. The CANNABIS LAW GROUP is currently representing 13 dispensaries in fighting the ordinance.

On such delivery service, called Tasty Licks, was delivering marijuana to patients with a valid medical marijuana identification card and could be up and running again as soon as July, the Daily Bulletin reported. The owner said his business had fewer than 100 customers but began to grow in response to a directive by U.S. Attorney General Eric Holder. The Justice Department statement was released in October and said that patients and suppliers should not be targeted for federal prosecution in states that allow medical marijuana.

Continue reading "Marijuana delivery services could be targeted by Los Angeles District Attorney " »

The California NAACP announced on Monday that it is backing the California initiative to legalize marijuana, the Los Angeles Times reported.

Citing the disproportionate toll marijuana arrests take on African-Americans, the group said it supports the November ballot issue aimed at legalizing marijuana in California. As our Los Angeles medical marijuana attorneys recently reported, the California initiative to legalize marijuana had a slim margin of support in a recent poll of voters.

The NAACP said the Center on Juvenile Crime and Criminal Justice showed that non-whites accounted for 62 percent of California arrests involving marijuana charges in 2009. In 42 percent of those cases, the nonwhite suspects were under the age of 20. The organization said that, despite the fact that blacks use marijuana at lower rates than whites, they were up to four-times more likely to be charged in California's 25 largest counties.

"We are joining a growing number of medical professionals, labor organizations, law enforcement authorities, local municipalities and approximately 56% of the public in saying that it is time to decriminalize the use of marijuana," California NAACP President Alice Huffman said in a statement.

If approved in November, the measure would allow people over the age of 21 to possess up to an ounce of marijuana. And marijuana sales would be taxed, potentially raising billions of dollars for cash-starved governments.

Opponents contend that legalization would increase crime and drug dependency.

Continue reading "NAACP backs California's marijuana legalization initiative" »

San Diego County is the latest municipality to attempt to enact rules governing the operation of marijuana dispensaries, the Mercury News reported.

As our Southern California marijuana dispensary attorneys continue to report on our Marijuana Lawyers Blog, these legal businesses continue to come under fire by local government. We currently represent 13 Los Angeles marijuana dispensaries, as well as other dispensaries in Southern California. If you own a marijuana dispensary that is being targeted by a local ordinance, we urge you to contact us for a confidential appointment to discuss your rights.

Last week, the San Diego County board of supervisors ruled that dispensaries must be located at least 1,000 feet from homes, schools, playgrounds and churches -- leaving 16 available cites for operation. The dispensaries also must be licensed -- at a cost of up to $20,000 each -- undergo inspections, hire security and keep precise records of transactions.

The supervisors sued to overturn California's 1996 law, which permits marijuana use for medical reasons. The county lost and the U.S. Supreme Court declined to hear the case. Our California medical marijuana lawyers are adamant that state law permits these businesses to operate. Having lost in its bid to have the law overturned, San Diego has apparently joined a growing number of municipalities that somehow believe they can simply pass legislation so restrictive that it forces dispensaries out of business.

We believe the only defense is an aggressive offense. Our attorneys are not only fighting to ensure the rights of these businesses and their patients are protected, we are seeking economic damages in cases where a legitimate business is forced to close.

Continue reading "San Diego jumps on the bandwagon with restrictions aimed at marijuana dispensaries" »

The slayings at separate Los Angeles marijuana dispensaries on Thursday appear unrelated, the Los Angeles Times reported.

Our Los Angeles marijuana dispensary lawyers are concerned that the high-profile attack on these businesses by the City of Los Angeles could lead to continued problems. We continue to offer aggressive legal representation of dispensaries throughout the Los Angeles area and take these tragic killings as another unwelcome sign of legal businesses that are under siege, in part because of the Los Angeles ordinance aimed at forcing them out of business.

Unnamed sources within the police department told the Times that significant differences in the two crimes have led investigators to believe that they are not related. The first incident occurred at 4:15 p.m. on Sunset Boulevard in Echo Park at Higher Path Holistic Care. Four suspects reportedly entered the facility, forced several employees to lay down, and ransacked the business in search of drugs and money. Despite the fact that employees did not resist, the suspects shot them. One employee was killed and the other critically injured. About five hours later and a few miles away, the owner of the Hollywood Holistic II dispensary in the 1600 block of North El Centro Avenue walked into the store and found the body of an employee. The employee was stabbed but no drugs or money appear to have been taken during the second attack.

Detectives speculate the killer may have intended to rob the store but fled instead. Or the killing may have occurred for some unknown or unrelated reason.

The attacks at the dispensaries concern operators and patient advocates, who worry that the dispensaries may be targeted by violent gangs. Yamileth Bolanos, president of the Greater Los Angeles Collectives Alliance, criticized a provision in the city's new marijuana ordinance that requires dispensaries to have security guards who are not armed.

Los Angeles County District Attorney Steve Cooley blamed the crimes on the known presence of guns and cash at the businesses.

Continue reading "Killings at Los Angeles marijuana dispensaries believed unrelated" »

More than 170 medical marijuana dispensaries have notified the City of Los Angeles that they intend to stay open in the wake of the new city ordinance that is forcing the closure of more than 400 collectives, the Los Angeles Times reported.

The Los Angeles marijuana dispensary attorneys at the CANNABIS LAW GROUP have filed numerous lawsuits on behalf of dispensaries being forced to close. The law firm provides aggressive representation to collectives at all stages of the legal process and will fight for the rights of collectives that believe they are operating legally but are still targeted for closure.

Here is a list of dispensaries that have filed a notice of their intent to stay open. The city must now determine whether these businesses qualify to remain open under the new ordinance. Our Los Angeles dispensary lawyers anticipate many of these businesses will face additional legal hassle and that the city will find reasons to reject numerous applications.

The new ordinance forces the closure of more than 400 dispensaries that have opened since late 2007, while allowing older businesses to continue operation. However, those businesses must also comply with other mandates of the ordinance, which prohibit the businesses from operating near schools, parks or residential areas.

City officials are also reviewing documents to ensure that dispensaries allowed to remain in operation are still operating under the original owner, have been in continuous operation and have moved no more than once. So far, city clerks have determined that 70 of the businesses meet that criteria.

No word yet on how long the process will take. City ineptness indicates it could be a lengthy process -- the clerk's office has already admitted that it neglected to collect information about current management of the dispensaries and is now going back through the paperwork by hand and calling the businesses one at a time to collect the information.

As we reported recently on our Marijuana Lawyers Blog, police are clearly overwhelmed and have better things to do than to respond to the dozens, if not hundreds, of reports of dispensaries that have remained open in alleged violation of the ordinance.

Continue reading "More than 170 Los Angeles marijuana dispensaries file to remain open" »

Two Lake Forest marijuana dispensaries face a July 6 contempt of court date after the city accused them of continuing to operate despite a judge's order that the businesses close, the Orange County Register reported.

Damian Nassiri, a partner in the law firm HOWARD | NASSIRI, which also does business as the CANNABIS LAW GROUP, told the Register that he planned to file an appeal for a stay while appealing the order to close. The Los Angeles marijuana dispensary attorneys and Lake Forest dispensary lawyers at the CANNABIS LAW GROUP are representing more than a dozen marijuana dispensaries that are targeted for closure by local city ordinances.

The city filed the contempt of court request against Lake Forest Wellness Center and Collective and Health Collective Inc., accusing them of continuing to operate after being ordered to close. The city contends the businesses are operating in violation of the city's zoning code.

More than 35 marijuana dispensaries were legally operating in Lake Forest before the city began the crackdown last fall. The city moved to close the businesses, which were operating in compliance with the state's medical marijuana law. That law was passed in 1996 and permits businesses to dispense medical marijuana to patients who need it.

As we reported on our Marijuana Lawyer Blog, Attorney Nassiri filed suit in Superior Court in April, contending that the closures violate constitutional rights.

"Our client conducts its business and maintains operations under California's Compassionate Use Act and the Medical Marijuana Program Act, which legally allows marijuana distribution to qualified patients with a valid doctor's recommendation," said Mr. Nassiri, "It's the City's officials who have violated our client's constitutional rights."

Last fall, the city issued an open letter to rental and commercial property owners, threatening criminal fines of $1,000 or more and up to six months in jail for collectives if landlords did not stop leasing to dispensaries.

"I know the subject of marijuana has been a taboo subject for a long time, but it's a legal business" said Vincent Howard, who represents marijuana collectives throughout the Los Angeles area. "People should be allowed to move forward and open these businesses. It's not up to the cities to change California law."

Continue reading "CANNABIS LAW GROUP continues to fight on behalf of Lake Forest marijuana collective " »

Our Los Angeles marijuana dispensary attorneys took notice of LA Weekly's report on the absurdity of the new city ordinance that has targeted 439 businesses for closure.

A West Los Angeles council chairman and an ABC news truck parked across the street from a still operating dispensary on a recent afternoon. The councilman called the city attorney's office, which reported the business was in noncompliance and had already been reported to the police. He called police himself; a squad car responded about four hours later. After going inside to speak with the business representatives, the officers returned to the street, told the ABC news crew that their truck was parked illegally, and left.

The ABC News video of the incident is available here.

This dispensary is arguing it was improperly put on the city's closure list. The business contends it has been registered since 2005 and is thus entitled to operate under the new ordinance.

The city continues to promise a crackdown on dispensaries that remain open in violation of the ordinance.

The CANNABIS LAW GROUP has filed numerous lawsuits on behalf of dispensaries throughout the Los Angeles area and offers reasonable legal fees to join the fight.

Here is the list of Los Angeles marijuana dispensaries ordered to close.

Map of marijuana dispensaries forced to close.

Map of Los Angeles dispensaries allowed to remain open.

Continue reading "Call about illegal Los Angeles dispensary shows chaos of city's absurd attempt at forcing closures" »

The LA Weekly reported that the majority of Los Angeles medical marijuana dispensaries remained open at the end of the first week of a new city ordinance that requires more than 400 of the shops to close.

As our Los Angeles marijuana dispensary attorneys have been reporting here on Marijuana Lawyer Blog, we have filed numerous lawsuits on behalf of these legal businesses. We strongly believe that the City of Los Angeles does not have the right to close businesses that are operating legally under California law. And the unfair nature of the ordinance -- which allows more than 100 businesses to remain open while closing more than 400 others based on an arbitrary date, is also an issue we are arguing in court.

Our Los Angeles marijuana dispensary lawyers believe there is strength in numbers. The CANNABIS LAW GROUP offers reasonable legal fees and urges business owners to join in the fight.

The operators and landlords of 439 retailers have received letters from the Los Angeles City Attorney's Office warning that violation of the ordinance could result in a fine of up to $2,500 a day and six months in jail. Most of the city's dispensaries are ineligible to operate because they did not receive approval before a November 2007 date established as part of the ordinance. Of the remaining 130, many are either not in business anymore or can't comply with other rules of the ordinance, including a prohibition against operating a dispensary adjacent to a residential area.

The LA Weekly reports some of the dispensaries are now identifying themselves as members-only facilities while others contend they have been wrongly classified and are operating as therapy centers or related businesses.

As our Los Angeles marijuana defense lawyers reported last week, a growing number of businesses are reorganizing as delivery services.

Meanwhile, city officials continue to promise a crackdown. They contend members-only services are illegal and Los Angeles District Attorney Steve Cooley said delivery of marijuana is illegal in the State of California, regardless of the city's rules.

Continue reading "First week of ordinance closes while many Los Angeles medical marijuana dispensaries remain open" »

California voters support the marijuana legalization measure on the November ballot, according to a new poll published in the L.A. Times.

As the Los Angeles marijuana defense lawyers at the CANNABIS LAW GROUP continue to fight on behalf of marijuana dispensaries being forced to close as a result of the new city ordinance, we are closely watching the legalization issue. The Los Angeles Times/USC poll found that voters support marijuana legalization by a margin of 49 percent to 41 percent, with 10 percent still undecided.

The November vote could go either way, as about one-third of those in support say they favor the measure "somewhat."

Dan Schnur, director of USC's Jesse M. Unruh Institute of Politics, note that those who support the measure are starting off with a nice lead. However, initiatives that start with fewer than 50 percent in support have historically had a difficult time winning passage.

The poll also revealed that men favor passage, while women, particularly married women, are against the measure by a margin of 49 percent to 40 percent. And many say they are supporting the measure as a way to generate tax revenue. Advocates say legalizing marijuana could raise billions in tax dollars -- opponents dispute those figures.

Among voters, 42 percent believe the tax estimates, while 38 percent think they are wildly exaggerated.

The November initiative allows cities and counties to legalize and tax marijuana sales -- but not the state. Supporters in Los Angeles County are most inclined to see the measure as a way to plug holes in municipal budgets.

Continue reading "California marijuana legalization has slim margin of support among voters" »

While authorities are crying foul about marijuana delivery services, many of the Los Angeles dispensaries forced to close to comply with the new city ordinance could be seeking to remain in business as delivery services.

Our Los Angeles medical marijuana attorneys continue to fight on behalf of dispensaries forced to close as a result of the Los Angeles city ordinance that arbitrarily closes 400 businesses while permitting another 100 to remain open. Meanwhile, the San Jose Mercury News reports a flourishing business is being done among pot delivery services. The services bring medical marijuana directly to patients.

Hundreds of these mobile dispensaries are cropping up in advertisements and on the Internet. Some are using regular mail service, while others utilize private prescription-drug couriers.

"These delivery services are starting to grab more and more market share," said Allen St. Pierre, director of the National Organization for the Reform of Marijuana Laws, which advocates legalization. The delivery services are becoming more popular, particularly in areas where dispensaries are not established or have been banned by local ordinances. The Mercury News reports a total of 758 delivery services were advertised on Weedmaps.com in April, triple the number available 18 months ago and up 39 percent since February.

More than half of the couriers advertise services in the Los Angeles area -- where the number of services has jumped from 110 to 161 since February.

A total of 129 cities and nine California counties have banned medical marijuana dispensaries. The bans have led to flourishing delivery services. Yet authorities have been unable to point to legal guidelines that address delivery of marijuana by courier or mail.

Weedmaps reports that many of the dispensaries forced to close because of the Los Angeles ordinance are in the process of rebranding themselves as delivery services.

Opponents contend that delivery violates a number of laws, including the 1996 Compassionate Use Act that legalized medical marijuana for qualified patients in California.

Continue reading "Los Angeles medical marijuana dispensaries may seek new life as delivery services" »

The Los Angeles City Attorney's Office has released a list of 439 marijuana dispensaries it says must shut the doors to comply with the new city ordinance that went into effect this week.

The Los Angeles medical marijuana lawyers at the CANNABIS LAW GROUP represent numerous dispensaries in pending lawsuits over the forced closures. We are offering reasonable legal fees to dispensaries that want to join the fight; we believe there is strength in numbers and will continue to fight on behalf of these businesses, which should be permitted to continue to legally operate under California law.

The ordinance forces the closure of dispensaries that opened after November 2007 and also prohibits a dispensary from being located within 1,000 feet of schools parks or libraries. A last-minute addition to the ordinance also prohibits dispensaries from being located adjacent or across from a residential property. Those restrictions could force about half the estimated 130 older dispensaries to close. Eligible businesses must prove they are in compliance by next week.

The city has reported most of the targeted marijuana collectives have closed as ordered. Violators face a fine of up to $2,500 a day and six months in jail. Violators could face raids by the city in response to reports from police officers, building inspectors and residents about dispensaries that are operating in violation of the ordinance.

Here is the list of Los Angeles marijuana dispensaries ordered to close.

Map of marijuana dispensaries forced to close.

Map of Los Angeles dispensaries allowed to remain open.

Continue reading "City releases list of Los Angeles marijuana dispensaries targeted for closure" »

The Los Angeles Times reports that medical marijuana dispensaries are closing across the city this week to comply with a new city ordinance that is expected to close more than 400 legal businesses and deprive ill patients from obtaining marijuana as legally permitted under California law.

The Los Angeles medical marijuana attorneys at the CANNABIS LAW GROUP have filed lawsuits against the city on behalf of numerous marijuana dispensaries throughout the Los Angeles area. This fight is far from over. The city's law is inherently unfair -- arbitrarily favoring some businesses while forcing other businesses to close. We are seeking economic and punitive damages against the city for each and every day these businesses are forced to remain closed in violation of California law.

If you are a patient or owner of a marijuana dispensary that has been forced to close, we urge you to call us today for a confidential appointment to discuss your rights.

The city law is forcing the arbitrary closure of 400 businesses opened since November 2007, while allowing between 70 and 130 dispensaries that opened prior to that date the legal means for survival. We do not believe the city has the legal right to enact laws in violation of California law and are adamant that it cannot create a legal monopoly.

Assistant City Attorney Asha Greenberg said the city may take enforcement action against businesses that defy the city ordinance.

"I don't think anyone should assume they can remain open and that the city is not going to take any action anytime soon," Greenberg said. "It's a definite possibility. Anyone who is not living in a cave [knows about the ordinance] because it's been so widely publicized."

Violators can face a fine of up to $2,500 a day and six month in jail. Dispensaries that were registered with the city by November 2007 have until June 14 to comply with new location restrictions. The ordinance also prohibits dispensaries from being located near a school, park or residential area.

Continue reading "Los Angeles medical marijuana dispensaries closing doors, seeking assistance from the CANNABIS LAW GROUP" »

While a judge rejected requests for a restraining order to prevent the closure of hundreds of medical marijuana dispensaries in the Los Angeles area, a large number of legal challenges remain to the city's decision to unfairly target just some of the city's medical marijuana dispensaries.

The Los Angeles medical marijuana lawyers at the Cannabis Law Group represent many of the 64 dispensaries that have filed lawsuits against the city. The ordinance will force the closure of about 450 legal businesses beginning Monday. The group offers reasonable legal fees and urges marijuana dispensaries to join the fight by calling today for a legal consultation.

The Cannabis Law Group has filed suits demanding a jury trial on the issues and claiming the Los Angeles City ordinance violates the California Constitution and a host of basic legal rights, including illegal seizure without just compensation, violation of due process rights, violation of equal protection rights, and invasion of privacy.

We do not believe any city has the right to create laws against legal businesses in direct violation of the laws of California, including the Medical Marijuana Act and the Compassionate Use Act. Additionally, by targeting only marijuana dispensaries that have opened since November 2007, the city's law is grossly unfair to one set of businesses, while favoring similar businesses with reduced competition and the legal means to remain open.

The Los Angeles city council is severely restricting access to medical marijuana for legitimately ill patients who have a legal right to it under California law. Our lawsuits seek economic damages from the City of Los Angeles for lost revenue arising from each day these legal businesses are forced to remain closed.

While the request for a restraining order to prevent the closure of dispensaries was denied in Superior Court on Friday, the lawsuits remain before the court, including the issue of discrimination of newer dispensaries inherent in the city ordinance. In addition to closing shops opened after November 2007, the city ordinance also prohibits shops from being within 1,000 feet of schools, parks, public gathering places or residential areas. The ordinance is expected to force the closure of about 400 medical marijuana dispensaries in Los Angeles, and leave between 70 and 130 in operation.

Violating the ordinance could result in a $1,000 fine and six month in jail, with daily fines of $2,500 for dispensaries that remain open.

Continue reading "Los Angeles medical marijuana attorneys continue to fight for the rights of dispensaries" »

Los Angeles medical marijuana attorneys for the Cannabis Law Group are in court this morning to seek temporary restraining orders to prevent city officials from closing marijuana dispensaries under a new ordinance that takes effect on Monday.

The Cannabis Law Group represents many of the Los Angeles marijuana dispensaries suing the city. The group offers reasonable legal fees and believes there is strength in numbers as dispensaries stand up and fight for their rights. The Los Angeles Times reports that 16 lawsuits involving 64 dispensaries have thus far been filed. The new ordinance, which took city council two years to pass, would force about 450 dispensaries to close.

"I know the subject of marijuana has been a taboo subject for a long time, but it's a legal business," said Vincent Howard, one of the founding members of Orange County business litigation and criminal defense law firm HOWARD | NASSIRI P.C. which does business as CANNABIS LAW GROUP. "People should be allowed to move forward and open these businesses. It's not up to the cities to change California law."

The ordinance would prohibit all marijuana businesses from operating except those registered with the city by November 13, 2007, which would allow 186 businesses to continue to operate legally. Of those, about 137 are expected to remain open and will be given six months to comply with the new city ordinance.

The judge hearing the case ruled previously that City Council failed to follow proper procedures when it extended the moratorium and declared the ban illegal. Los Angeles marijuana dispensaries that opened after the ban have used the ruling to challenge the ordinance. He has been critical of the city's plan to reduce the number of dispensaries via the 2007 cutoff.

Los Angeles' ordinance also bans dispensaries from operating within 1,000 feet of so-called "sensitive areas," including parks and schools, or from operating next to residential property.

The Los Angeles medical marijuana lawyers at the Cannabis Law Group remain dedicated to protecting the rights of legally operating medical marijuana growers, distributors and their patients against the overreaching actions of cities throughout the Los Angeles area. No city should be allowed to enact restrictions, ordinances or other hindrances to business operating legally under California law.

Continue reading "Los Angeles medical marijuana defense attorneys seeking temporary restraining order to prevent dispensary closures" »

Los Angeles Medical Marijuana Attorney Damian Nassiri is representing Lake Forest Wellness Center and Collective against the City of Lake Forest, which is attempting to shut down a number of medical marijuana dispensaries.

The dispensary initially requested that all charges be dropped but was forced to file suit in Superior Court in April, where it is suing the city for violating various constitutional rights.

"Our client conducts its business and maintains operations under California's Compassionate Use Act and the Medical Marijuana Program Act, which legally allows marijuana distribution to qualified patients with a valid doctor's recommendation," said Mr. Nassiri, "It's the City's officials who have violated our client's constitutional rights."

Last fall, Lake Forest issued an open letter to commercial and rental properties, threatening criminal prosecution, fines of $1,000 or more and up to six months in jail against the collectives if landlords did not immediately stop leasing to marijuana dispensaries. Some of the collectives did not comply and the City of Lake Forest filed suit claiming the collectives are a public nuisance that violate several city laws.

A judge issued a preliminary injunction permitting Lake Forest to close the marijuana dispensaries. The city has sued a total of 21 dispensaries since September. But the legal fight is just beginning as our Lake Forrest marijuana defense attorneys continue to fight for the rights of legal marijuana users, growers and distributors.

"I know the subject of marijuana has been a taboo subject for a long time, but it's a legal business" said Vincent Howard, who represents marijuana collectives throughout the Los Angeles area. "People should be allowed to move forward and open these businesses. It's not up to the cities to change California law."

The Lake Forest medical marijuana lawyers at the Cannabis Law Group remain committed to fighting for the rights of marijuana users and dispensaries throughout the State of California. We believe it is going to be essential to fight back against rogue cities that insist upon enacting their own rules and regulations in direct violation of California law.

Continue reading "Lake Forest Medical Marijuana Attorneys continue fight on behalf of California marijuana collectives " »