Cannabis Law Group's Medical Marijuana Legal Blog

What is it with the Los Angeles sheriff's obsession with marijuana?

Our Los Angeles marijuana dispensary lawyers have reported on our Marijuana Lawyer Blog that the sheriff has blamed legal medical marijuana businesses for being victimized by crime. And we also noted the sheriff spent his resources conducting raids for pot-laced suckers,brownies and rice treats.

Now the department has issued a warning to parents to watch out for such treats in their trick-or-treat bags, the L.A. Times reports.

We think that is about as likely as someone tossing six packs of Budweiser or prescription medication into children's treat bags. Sheriff Lee Baca opposes Proposition 19, California's legalization effort, and has said he will continue to arrest growers even if it's approved. Meanwhile, his department has issued the warning claiming the marijuana snacks and candies, similar to those confiscated from legally operating marijuana dispensaries, could end up in the treat bags of children.

The department has never received reports of such an incident actually happening, the Times noted.

And, if Proposition 19 passes, and the sheriff continues his crackdown, he will be breaking the law. The sooner he gets used to that reality, the better it will be for everyone.

Continue reading "Los Angeles sheriff continues his bizarre campaign against marijuana by warning parents to check trick-or-treat bags" »

Proposition 19, California's marijuana legalization effort, will run television ads in the Los Angeles area in the closing days of the campaign, the L.A. Times reported.

As our Los Angeles medical marijuana defense attorneys reported recently on our Marijuana Lawyer Blog, political pundits placed part of the blame on a recent 10-point deficit in the polls on the fact that Proposition 19 supporters have lacked the funds to mount an aggressive statewide television campaign.

Beginning Tuesday, and running through the final week to election day, the commercials will air featuring retired San Jose Police Chief Joseph D. McNamara endorsing the initiative.

It is the first campaign supporters of the initiative have put on television. A spokesman said the campaign will spend $170,000 to run the commercials on cable television through election day.

He said he hopes the modest buy of television time can be expanded into other markets though the donations of supporters.

The spot will feature McNamara wearing a suit and tie and speaking directly to the camera. He will say his 35 years in law enforcement have convinced him that the war on marijuana has failed.

"Today, it's easier for a teenager to buy pot than beer," he says. "Proposition 19 will tax and control marijuana just like alcohol. It will generate billions of dollars for local communities, allow police to focus on violent crimes and put drug cartels out of business."

Meanwhile, the California Chamber of Commerce is spending $250,000 in radio ads aimed at beating the initiative. The chamber vaguely claims the proposition would hurt California's economy and make it tougher to create jobs.

The legalization initiative is supported by the National Black Police Association and 48 current and retired law enforcement veterans.

Continue reading "California marijuana legalization supporters to air television ads in Los Angeles" »

The latest poll to gauge support for Proposition 19 has found that California's marijuana legalization effort is trailing badly, the Los Angeles Times reports.

Our L.A. medical marijuana dispensary lawyers don't put a lot of faith in these polls, particularly when it comes to the marijuana legalization issue. Such polls are typically conducted by calling home telephones, and therefore over represent the older vote. College students or those without landlines -- virtually everyone under 30, let's say, are much more likely to support the legalization effort. These same voters are usually drastically underrepresented in polls.

The Los Angeles Times/USC poll found the issue trailing by a margin of 51 percent to 39 percent. As we reported on our Marijuana Lawyer Blog, the issue has been leading in many previous polls. Politicos contend supporters of the measure are short on money and have not been able to run the kind of television campaign that is critical to success in a state the size of California.

The measure would permit those over the age of 21 to possess up to an ounce of marijuana and to grow marijuana in up to 25 square feet of space.

The poll found a slim margin of support among Democrats while Republicans were opposed by a margin of 2-1. Men were evenly split, while women leaned against.

Continue reading "Latest poll has Proposition 19, California's legalization effort, trailing badly" »

The Los Angeles Times reported recently on marijuana's potential for addiction as part of the ongoing debate over its potential legalization via Proposition 19 on next month's ballot.

Our Los Angeles medical marijuana defense lawyers think it's a mute point. An argument can be found that points to the addictive qualities of table salt. Alcohol is addictive and can be deadly in excess. Tobacco is addictive and has no redeeming qualities whatsoever. Both are legal and cost the medical establishment millions, if not billions of dollars each year. Neither would stand a chance of being outlawed because of the large, established power brokers who have made their fortunes from it and the politicians who protect them even while screaming about the dangers of marijuana.

Not to mention the fact that any teenager in the land can get you marijuana, which is illegal, much easier than he or she can get you alcohol, which is legal and regulated in much the way supporters of the marijuana legalization effort hope pot soon will be.

The Times follows the story of a 69-year-old woman who said she was addicted to marijuana for 19 years. (Note, again, that she is now 69 as we discuss the possible health consequences).

The Times reports that many health experts are against marijuana legalization, saying it will cause more addiction and more car accidents, and will erode performance in school.

Studies suggest that marijuana is addictive for about 9 percent of adults who use it -- compared to 15 percent for alcohol and cocaine. A study by the National Highway Traffic Safety Administration in 1998 found the effects of marijuana on driving were modest but became severe when combined with alcohol.

Another question is how many more people are likely to experiment with marijuana should it become legal -- some put the increase at as high as 50 percent. Others say that is unlikely because California's relaxed laws and the availability of medical marijuana have already made the drug readily obtainable.

Continue reading "California marijuana legalization: Whether or not pot is addictive is irrelevant " »

The City of Fresno and Fresno County are now trying to regulate the legal growth of marijuana outdoors, ABC30 reported.

Our Los Angeles marijuana defense attorneys frequently report on the efforts by local city and county government to regulate the retail sale of medical marijuana through dispensary and collectives. The regulation of its legal growth plays out more frequently throughout the central part of the state.

The proposed rules come in the wake of the shooting of a man who was allegedly stealing marijuana from a private pot garden located behind a secure privacy fence -- the culprits drove through the fence with a pickup truck.

Marijuana advocates say the police need to do a better job of protecting a legal crop. Meanwhile, the county ordinance seeks to force the growth of marijuana indoors. City officials were warned about overstepping their bounds and reminded that Proposition 19 could legalize the issue statewide.

It has since been reported that a group of growers is taking the county to court after the emergency ordinance was passed. Instead, of making them safer, the growers say they are now afraid of reporting illegal activity for fear of losing their plants.

Four growers are seeking an injunction in court. County Supervisor Henry Perea told ABC30 News "We're not saying you can't grow medical marijuana ... we're just going to regulate how, where and when you can grow it."

Continue reading "Fresno County attempts to ban outdoor growth of medical marijuana" »

Our Los Angeles medical marijuana attorneys think some of the concerns of dispensaries and collectives over the impact of legalizing marijuana could be unwarranted. As the Daily Titan reports, some in the medical marijuana industry fear that legalization could increase competition to the point that it forces them out of business.

The manager of an Anaheim dispensary was quoted as saying: "How the hell am I going to be able to compete with a local liquor store selling the same exact product I'm selling but for a lower price?"

Of course the impact of legalized marijuana remains uncertain, just as the passage of Proposition 19 is not certain. Just as what impact the federal government could have, in either challenging the law or enforcing federal drugs laws against marijuana, remains uncertain. And, of course, nobody knows how the next local politician with nothing better to do is going to react.

But we think it unlikely that you are going to be able to buy marijuana at WalMart anytime in the foreseeable future. Yes, cities like Oakland have talked about growing marijuana and there are reports of big tobacco buying acreage with the intent to grow crops. But the dispensaries and collectives on the retail end of the equation could still be well positioned. That is part of why it is so frustrating to see cities like Los Angeles attempt to force them out of business ahead of the tax bonanza that will be reaped if local municipalities are allowed to tax all sales of legalized marijuana.

There have been head shops almost as long as there has been marijuana. Specialty stores exist in every industry. If local governments would stop insisting upon trying to legislate the legal medical marijuana business out of business, dispensaries and collectives would have a brighter future than they have seen in some time.

Legalizing marijuana could be an asset. Perhaps green cash will speak louder than the green crop that has some local politicians awake at night.For now, the fear of losing business to CVS or Walgreens, as this article suggests, is the least of the problems faced by medical marijuana dispensaries in Los Angeles.

Continue reading "Los Angeles marijuana dispensaries have more on their plate than worrying about Marijuana at Walgreens" »

You can rest a little easier this week after our fearless sheriff reported seizing cereal and candy bars laced with marijuana, the Los Angeles Times reported.

As our Los Angeles marijuana dispensary lawyers reported recently on our Marijuana Lawyer Blog, the Los Angeles County Sheriff blamed the dispensaries for being crime victims after a spate of robberies that left several employees dead. To illustrate the disconnect, we have never heard, nor do we know anyone who has ever heard, a law enforcement officer blame an all-night convenience store for a robbery. Even though such stores are probably the most often-hit targets in Southern California.

In this raid, the Los Angeles County Sheriff's Department arrested 11 people and seized drugs and cash.

The crackdown included dispensaries in Los Angeles, Orange, Riverside and San Diego counties and was assisted by the U.S. Drug Enforcement Agency and state tax authorities.

According to the official statement, police found pot-laced crisped rice treats, orange drinks and "cannabis-laced cereal similar to Froot Loops or Apple Jacks."

No word on whether the dispensaries were operating legally under the state's medical marijuana law. But, as law enforcement and local politicians continue to act in violation of state law, the CANNABIS LAW GROUP encourages dispensaries and collectives to seek quality legal representation to protect their rights. We believe there is strength in numbers and are currently representing more than a dozen collectives in the Los Angeles area that have been subjected to harassment by local law enforcement or local ordinances.

Continue reading "Los Angeles Sheriff takes suspicious Froot Loops off the street during armed raids" »

California gubernatorial candidates Meg Whitman and Jerry Brown sparred over Proposition 19, the marijuana legalization issue. At a recent debate moderated by Tom Brokaw, Whitman said she was opposed to the measure, saying it was also opposed by every single law enforcement officer in the state.

As our Los Angeles marijuana defense lawyers have frequently reported on our Marijuana Lawyer Blog, the initiative has been supported again and again by current and former law enforcement officers, judges, and prosecutors.

"What would happen if tomorrow marijuana were legalized, licensed and controlled by the state," Brokaw asked. "Because it's no secret that in this state and across the country people can get it whenever and wherever they want to."

Whitman said she was firmly opposed.

"Every single law enforcement official in this entire state is against Proposition 19," Whitman said.

- Here we report on an entire group of law enforcement officers, judges and prosecutors who came out in favor of California's marijuana legalization initiative.

-Here the Black Police Association voices support for legalized marijuana in California.

Continue reading "California marijuana legalization effort: Whitman never lets the facts stand in the way of a good story" »

Legalizing marijuana in California would not put much of a dent in the issue of violent Mexican drug cartels that smuggle marijuana across the border, the Los Angeles Times reports.

Taking money, influence and power away from such cartels is one of the selling points of Proposition 19. The November ballot initiative would legalize possession of up to an ounce of marijuana by those over 21. Another selling point has been the ability of local governments to tax sales, thereby raising hundreds of millions of dollars in much needed revenue. However, as cities and counties continue to waste valuable resources on banning marijuana dispensaries and throwing other hurdles in the path of California's legal medical marijuana industry, our Los Angeles medical marijuana attorneys are more and more convinced that one of the biggest benefits to legalization would be breaking the spell the issue has had on amateur politicians throughout Southern California.

Instead of looking to fix the real problems within their community, they are too often worried about who is smoking weed. The absurdity would be laughable if it weren't for the fact that it is costing these communities millions of dollars to wage a fight that doesn't need won. The most likely outcome is that cities like Los Angeles will succeed in decimating the marijuana retail infrastructure necessary to take advantage of the biggest tax haul since the creation of the lottery.

The report by the Rand Corp. of Santa Monica reports that legal marijuana could replace Mexican marijuana sold in California, but that it would account for no more than 4 percent of the revenue received by gangs from the drug trade. Only if California's legal marijuana were sold across the country could it have a major impact on the cartels -- a scenario the study found unlikely.

As we reported recently on our Marijuana Lawyer Blog, it is that concern about the impact legalized marijuana in California could have on the rest of the nation's illicit drug trade that could spur government action under federal drug laws.

Comparing Mexican drug cartels to the American mafia after prohibition, the report also contends that the cartels would find other ways to make money.

Continue reading "Legalizing marijuana in California might not stop Mexican drug cartels, but stopping the politicians could be good enough!" »

NPR recently asked how many pot clinics will survive the crackdown? Our Los Angeles marijuana dispensary lawyers believe the answer will be determined by how many are willing to fight.

The CANNABIS LAW GROUP is representing more than a dozen marijuana collectives and dispensaries in Los Angeles and the surrounding area. By joining forces, we will stand the best chance of prevailing against the ill-conceived and poorly executed ordinances being enacted by city and county politicians.

Just this week, we reported on our Marijuana Lawyer Blog that a judge ordered a halt to the city's attempt to hold a landlord criminally responsible for renting to a marijuana dispensary on the city's list of illegally operating businesses. The dispensary, like many of the more than 400 ordered to close in the wake of the city ordinance, is appealing the city's actions. The judge issued the restraining order pending the outcome of those appeals.

NPR said the city crackdown began in April with 800 operating dispensaries. The city's goal was to have between 70 and 180 operating shops. However, the truth is no one really knows how many were operating because the city's approval process was an utter disaster and many shops never bothered to register. And the number of shops that meet current city guidelines is well below 70 -- so low in fact that the city returned to court and has asked a judge to sanction its craziness before it attempts to force so many legitimate businesses out of business. Presumably, the city feels a ruling in its favor will help shield it from the flood of civil suits that will follow.

Only 41 make the grade according to the city's new ordinance -- largely because of a clause that disqualifies those who have undergone a change in management since registering with the city prior to 2007.

Our Los Angeles marijuana dispensary attorneys are virtually certain that the ultimate number will be much higher than 41 -- the ordinance itself calls for a lottery system that would add about 30 dispensaries. The difference between remaining open and being forced to close for good could very well be whether or not you are prepared to fight for your legal rights.

Continue reading "Los Angeles medical marijuana dispensaries must fight for survival" »

OOPS!

Comic Ralphie May was detained on a flight from Los Angeles to Guam after petting a pair of drug dogs at a custom's checkpoint while carrying medical marijuana in his bag, AHN reported.

Okay, it's funny. And the incident was made laughable by the mild mannered Guam authorities, who permitted May to pay a small fine and continue on to several scheduled performances on the island. But it's also a reminder that marijuana -- medicinal or not -- is illegal in much of the rest of the world. Our Los Angeles medical marijuana defense lawyers are often called upon to represent clients who ran afoul of the law, either because they operated outside the bounds of California's medical marijuana law, or because they ran afoul of federal laws or the laws in another state.

May, who shot to fame as the runner-up on the first season of "Last Comic Standing" in 2003, has a medical marijuana card. He told TMZ that he didn't realize he had pot in his bag went he went up to pet the drug-sniffing dogs at the custom's checkpoint. The dog sat down, an indication to the handlers that marijuana is present. Pretty soon, another dog came up and sat beside May.

"I petted that dog, too," May is quoted as saying. "I was thinking these dogs love me, they can tell I'm a dog person."

The customs agents let him go on to perform a serious of shows on the island after paying a small fine. They told him they knew he was not trying to smuggle drugs into Guam because nobody would be stupid enough to walk up to the dogs and start petting them.

Continue reading "Ralphie May busted for medical marijuana after stopping to pet the drug dogs" »

Perhaps Los Angeles city officials should tour the Costa Mesa home of Joanne Clarke, where her daughter's old bedroom has been turned into a high-tech grow room that produces various strains of medical marijuana.

What city leaders hope to accomplish by forcing the closure of more than 400 medical marijuana dispensaries in Los Angeles is uncertain. Certainly it will not end the use of medical marijuana. In all likelihood, the only tangible result will be to force the growth and sale of medicinal marijuana back underground, where the city will be unable to regulate it or tax it. In fact, by destroying marijuana's retail infrastructure through the forced closure of collectives, the city stands to lose millions in tax revenue if Proposition 19 passes.

Many patients who need medical marijuana for legitimate medical purposes will be inconvenienced if not outright denied their medicine. Some will sue, and win or lose they will cost the city millions in legal fees. Others, like Joanne Clarke, will rely upon home-grown marijuana and the burgeoning business that teaches patients how to grow their own weed, according to the Los Angeles Times.

The Costa Mesa woman and her husband recently transformed their daughter's old room into a grow room. Businesses like Otherside Farms and Golden State Greenery specialize in assisting residents in starting a grow room. As the legal marijuana industry has come under increasing fire, it has seen a quiet, steady growth in such small-scale growing operations.

Chadd McKeen, who started Otherside Farms in Orange County, told The Times that his clientele is the "embroidered-sweater-wearing, lighthouse-poster-hanging" pot smoker who is 50- to 60-years old. "That is what the marijuana users look like," he says.

Most of the grow rooms are installed in spare bedrooms, which he typically divides in half to create "veg" room for growing and a "bloom room," where a change in lighting and temperature encourage blooming. The rooms generally cost about $15,000.

Others are simply taking advantage of Southern California weather, which is conducive to growing marijuana -- plant in the spring and harvest in the fall.

Continue reading "Private grow rooms more popular as California cities push to ban medical marijuana dispensaries" »

The fight over Long Beach's marijuana law is heating up as collectives and patients have lined up to sue the city, according to the Contra Costa Times.

Our Long Beach marijuana dispensary lawyers and Los Angeles marijuana collective attorneys are representing more than a dozen legal marijuana businesses in Los Angeles and the surrounding area. The CANNABIS LAW GROUP believes there is strength in numbers and offers confidential appointments to businesses and patients who have been harmed by restrictive marijuana ordinances enacted by city or county officials.

In the last six weeks, five marijuana collectives and two disabled marijuana patients have sued the city over its medical marijuana law, which attempts to restrict the number and location of collectives.

The collectives are asking a Los Angeles Superior Court judge to declare the restrictive city ordinance unconstitutional and to bar it from shutting down collectives. Two of the collectives are also requesting the return of nearly $15,000 in non-refundable application fees required as part of the city's permitting process.

A city attorney acknowledged that the court has rejected requests by collectives that they be permitted to continue to operate until the court cases are resolved, which the city believes is an optimistic sign that it will ultimately prevail.

However, we recently reported that a Los Angeles judge issued a restraining order preventing the City of Los Angeles from taking legal action against landlords that rent to collectives while litigation challenging the Los Angeles ordinance is ongoing.

Continue reading "Collectives, dispensaries and patients sue Long Beach over city's marijuana ordinance" »

A judge on Monday barred the City of Los Angeles from taking legal action against the landlord of a medical marijuana dispensary, the Los Angeles Times reported.

Los Angeles marijuana dispensary lawyers are fighting city action to force the closure of more than 400 dispensaries in accordance with the city ordinance enacted earlier this summer. The CANNABIS LAW GROUP is representing more than a dozen marijuana collectives and dispensaries in Los Angeles and the surrounding area.

The city had sought to take legal action against 45 landlords after issuing warning letters last month that they were renting to illegal dispensaries. City officials were threatening penalties, daily fines, jail time and even the loss of occupancy permits.

The judge granted a temporary restraining order this week to Natural Ways Always, a dispensary in the Palms neighborhood. While the ruling impacts only that dispensary, it should embolden landlords who had been faced with the possibility of evicting dispensaries that are in the middle of court proceedings.

In comments made by an assistant city attorney, the city seemed to be backpedaling rapidly from its stance. "We were not mandating that they take any action based on the letters," Assistant City Attorney Asha Greenberg said. "We were just outlining what the law was in this area."

This ruling proves that the only defense is an aggressive offense. The CANNABIS LAW GROUP believes there is strength in numbers and urges owners of marijuana dispensaries and collectives to join the fight by calling our office today for a confidential consultation to discuss your rights.

Continue reading "Judge issues restraining order preventing city from taking action against landlord of Los Angeles marijuana dispensary" »

A story in the Los Angeles Times illustrates the dangers farmers face in growing and harvesting medical marijuana in California.

While the media so often focuses on the debate surrounding the marijuana collectives and the retail side of the industry, our Los Angeles medical marijuana defense lawyers understand the problems faced by legitimate farmers in the fields of California's Central Valley. As we reported on our Marijuana Lawyer Blog, Proposition 19 would not only legalize marijuana and allow local governments to tax its sale, it also has cities like Oakland considering ways to better regulate its growth and sale at the wholesale level.

The Times tells the story of a farmer who killed a 17-year-old suspected gang member during what was allegedly the attempted robbery of a marijuana farm. While the farms have medical marijuana cards to shield them from law enforcement, they are still subjected to the constant threat of robbery, particularly in September and October when most crops enter harvest season. In the past month, at least five confrontations with growers have been reported in the Central Valley, two of them fatal.

In response, Fresno County passed an emergency ban on outdoor marijuana cultivation, just another example of local government policies infringing on the legal rights of California's marijuana industry.

Not until city and county governments treat the marijuana industry as the legal, legitimate businesses that they are will we begin to move past small-minded bans and prohibitions that have no chance of success. This is another example of punishing the victim -- just as the Los Angeles sheriff recently blamed collectives for being robbed. In this case, farmers are prohibited from harvesting a legal crop because they are at risk of being robbed? Where is law enforcement?

Continue reading "California county prohibits marijuana cultivation after rash of farmer robberies" »

On the same day he signed a law that reduced marijuana possession from a misdemeanor to an infraction no more serious than a traffic ticket, Gov. Arnold Schwarzenegger signed a law prohibiting marijuana dispensaries from being located within 600 feet of a school.

Our Los Angeles marijuana dispensary attorneys have frequently reported on the difficulties dispensaries have in complying with numerous state and local laws that have cropped up in an effort to regulate them to the point of near extinction. For the most part, it has been ill-conceived and poorly executed local laws and ordinances that have threatened the survival of the legal medical marijuana industry in Los Angeles and the surrounding communities.

Now the state has further restricted the industry -- as the legislation backed by the California Police Chiefs Association prohibits collectives from being located within 600 feet of schools.

The real issue of whether cities and counties are permitted to enact bans was not addressed by the new law, according to Damian Nassiri of the CANNABIS LAW GROUP.

"The bill does not specifically state whether cities and counties can or cannot ban medical marijuana dispensaries outright," Nassir wrote on his Marijuana News Blog. The laws says only that cities and counties are not prohibited from "adopting ordinances or policies that further restrict the location or establishment of a medical marijuana cooperative, collective, dispensary, operator, establishment, or provider."

Nassiri said the wording was vague and, while it might support limiting or regulating dispensaries in a certain geographical area, it does not appear to support a total ban.

Nor does the law provide a criminal penalty for violations or address the status of existing collectives that are located with 600 feet of a school. Nassiri said a city or county may be able to sue a dispensary as a nuisance under the new law, but he did not think that a dispensary or its owners could be arrested.

One thing is certain and that is that the legal marijuana industry in Southern California is under assault and the best defense is an aggressive offense. At the CANNABIS LAW GROUP we believe everyone is entitled to an aggressive and experienced law firm and are representing more than a dozen dispensaries in Los Angeles and the surrounding areas.

Continue reading "California lawmakers prohibit marijuana dispensaries within 600 feet of public schools" »

Possessing up to an ounce of marijuana in California has been reduced from a misdemeanor to an infraction and is now no more serious than getting a speeding ticket, the Associated Press reported.

Our Los Angeles marijuana defense attorneys recently reported on our Marijuana Lawyer Blog that the legislature passed the law, which reduced possession of marijuana from a misdemeanor to an infraction. The maximum fine remains $100.

In signing the law, Gov. Arnold Schwarzenegger said he does not support decriminalization of marijuana but noted the new law will save the state courts millions of dollars in processing misdemeanor marijuana offenses.

"In this time of drastic budget cuts, prosecutors, defense attorneys, law enforcement and the courts cannot afford to expend limited resources prosecuting a crime that carries the same punishment as a traffic ticket," the governor said in a statement.

The change in legal status comes as voters prepare to weigh in on Proposition 19 this November. That ballot initiative would legalize possession of up to an ounce of marijuana by adults over 21.

California Department of Justice records show that authorities made more than 60,000 misdemeanor marijuana arrests in 2008.

"The governor made a good decision," Los Angeles Marijuana Defense Attorney Damian Nassiri said on his Marijuana News Blog. "The last thing we need is to clog up our jails with people who use marijuana medicinally or recreationally."

Nassiri noted the cost savings is a given because the state will not "have to spend money paying prosecutors and law enforcement to fight a senseless war on marijuana."

Continue reading "Possession of less than an ounce of marijuana reduced to infraction status in California " »