Cannabis Law Group's Medical Marijuana Legal Blog

Our Rancho Mirage medical marijuana defense lawyers continue to follow the debate over a dispensary ordinance in that city that has led to council delaying the issue three times.

The Desert Sun reports the latest delay comes in the wake of Anaheim's decision to appeal a court ruling that city officials believe could force them to permit at least some medical marijuana dispensaries to operate.

A moratorium on medical marijuana dispensaries is in place but set to expire on December 15. Council plans a special session on Dec. 14 to revisit the issue. The city attorney has indicated he will recommend a year-long moratorium.

Our Southern California marijuana dispensary attorneys do not believe the moratoriums are any more lawful than the bans. What is the difference between repeated moratoriums and a ban, aside from the obvious reluctance to make a decision they have every reason to believe will not be legally valid?

As one medical marijuana patient told the newspaper: "The reality is the city attorney said in the last meeting that they're not for medical marijuana in Rancho Mirage; the only reason they're looking at it is they don't get sued."

What these politicians fail to address is the fact that voters approved medical marijuana nearly 15 years ago. This issue has been decided in their favor and, we believe, will be decided in the favor of patients and legally operating marijuana businesses yet again.

In the meantime, city politicians will spend millions of dollars defending indefensible legal positions instead of addressing the real issues facing their communities.

Continue reading "Rancho Mirage delays decision on medical marijuana dispensary ban" »

It's official: The Los Angeles city council is looking to ban its pot and tax it, too.

As our Los Angeles medical marijuana defense lawyers continue to fight the misguided and, we believe, illegal ban on marijuana dispensaries in Los Angeles, we note that the city is also moving to tax the remaining businesses.

Having passed an ordinance so inept that it has been back to court and its own council chambers on numerous occasions -- either looking for validation or making legal changes -- it is now looking for tax revenue from what remains.

The Mercury News reports council's own attorneys warned them the tax would be illegal because the dispensaries are nonprofit and selling marijuana is a criminal activity. But the amateur politicians ignored their own legal advice. Millions will be spent litigating an issue that the state decided was legal nearly two decades ago.

With all of the issues facing the city, council has apparently decided there is nothing more important than drawing the television cameras to chambers for some political grandstanding over who is smoking a joint in the privacy of their own home, under the advice of a licensed doctor.

The issue calls for a $50 tax on every $1,000 in sales at each dispensary. One councilwoman estimates it could raise $5 million. Council is facing a $319 million shortfall.

Continue reading "Los Angeles Council hates medical marijuana dispensaries, just not too much to tax" »

Medical marijuana dispensaries will be given six more months to comply with the Los Angeles city ordinance, which is desirable since council keeps changing it.

Our Los Angeles medical marijuana dispensary attorneys have filed numerous lawsuits against local governments throughout Southern California. We strongly believe that the best defense is an aggressive offense. Those dispensary that survive are likely to be the ones who fight for their rights instead of rolling under the misguided policies of amateur politicians.

The L.A. Times reports dispensaries will be given six more months to comply with the ordinance.

A December 4 deadline had loomed for compliance with the ordinance's provisions, which include limitations on locations near school and parks and a controversial management provision, which required dispensaries be under the same management as when they applied for their initial permits.

Council scrapped that ordinance, which by some estimates could add several hundred eligible dispensaries to the roughly 50 that may have remained eligible. More than 500 dispensaries were operating in the city when the ordinance passed this summer.

In place of the management provision, council inserted a provision requiring at least one of the original owners still be involved with the business.

As written, advocates said it would have disqualified some of the city's most reputable dispensaries.

Continue reading "Council tweaks change-in-management provision of medical marijuana dispensary ordinance" »

The unincorporated areas of Los Angeles and Orange counties have both moved to ban medical marijuana dispensaries from operating. the L.A. Times reported.

Our Orange County medical marijuana defense lawyers continue to monitor the status of local bans throughout Southern California and are representing more than a dozen dispensaries against the overreaching arm of local government.

The latest bans affect 1.5 million people in Los Angeles County and 120,000 in Orange County. Bot counties voted 4-1 to approve the ban. Orange County Supervisor Shawn Nelson voted against the ban, saying it would exacerbate the black-market drug problem.

Not only do the ordinances prevent medical marijuana patients from seeking treatment, they prevent businesses from legally operating under state law. Dispensaries could face a fine of up to $1,000 a day.

Meanwhile, county officials could not even provide a count of the number of operating dispensaries.

Previously, Orange County had never regulated medical marijuana. Los Angeles County had previously allowed the dispensaries with strict regulations regarding location. At least officially. However, it had not approved a single dispensary.

The bans will go up for final approval this fall and are expected to go into effect at the end of the year.

Continue reading "Politicians move to ban medical marijuana dispensaries in Los Angeles, Orange counties" »

The Los Angeles County Board of Supervisors is set to consider a ban on marijuana dispensaries at a hearing today, the L.A. Times reports.

Our Los Angeles medical marijuana defense attorneys are representing more than a dozen marijuana dispensaries in the Los Angeles area. We believe there is strength in numbers and that fighting these local ordinances will be required for many of these businesses to survive.

In the wake of the City of Los Angeles' marijuana dispensary ordinance -- which has been so disastrous city officials recently delayed enforcement for another six months while the administration attempts to get its act together -- the county now seeks to ban medical marijuana dispensaries in unincorporated Los Angeles. The ordnance would impact a population of about 1.5 million.

The county's four-year-old policy had permitted dispensaries. However, the county has never approved one. That ordinance also forbid them from being located within 1,000 feet of churches, daycare centers, libraries, playgrounds or schools.

Despite never having approved a dispensary, county officials have now apparently decided that time and tax dollars need to be taken up with the kind of political grandstanding the issue always brings to the table. Apparently, our elected politicians believe no other issues of substance would be better served with their talents and attention.

Our Orange County marijuana dispensary lawyers are also monitoring a similar ordinance being debated there.

Continue reading "L.A. medical marijuana attorneys watching dispensary ordinances in Los Angeles and Orange counties" »

Medical marijuana dispensaries have been given six more months to comply with the city's ordinance, which seeks to close all but about 50 of the 500 dispensaries, while limiting who can manage the remaining dispensaries and where they can be located.

As our L.A. medical marijuana dispensary lawyers have reported, the extension has nothing to do with a softening of the city's position. Essentially, its creation and management of the ordinance has been so flawed and disastrous that it had not choice but to extend the deadline.

The Los Angeles Times reports a requirement a dispensary be under the same management has been dropped. That requirement dropped the number eligible to continue operating below 50 -- even the city had expected at least 75 of the dispensaries would remain in business.

Dispensaries had until Dec. 4 to comply with the ordinance. But more than 5 months after it went into effect, the city had not approved a single dispensary. The biggest issue was a requirement in the ordinance that dispensaries be under the same management as they were three years ago when they registered with the city clerk. Many have changed or added managers, just as many businesses would over a period of years.

The city eliminated the controversial requirement but did leave a requirement that at least one of the original owners is still involved with a dispensary's operation.

Continue reading "City grants delay in enforcement of medical marijuana ordinance in wake of poor handling by Los Angeles officials" »

Nine more Long Beach medical marijuana dispensaries will be forced to shut down under amendments supported Tuesday by City Council, the Contra Costa Times reported.

Our Long Beach marijuana dispensary attorneys reported recently here on our Marijuana Lawyer Blog that local politicians were set on toughening the rules, despite shaky legal ground for doing so. The attorneys and staff at the CANNABIS LAW GROUP believe most of these local ordinances violate the rights of medical marijuana patients and dispensaries. There is strength and numbers and those who survive are those who are willing to fight against the amateur politicians with nothing better to do.

Council compromised by not implementing the full range of proposed restrictions backed by three of its members. It did not restrict marijuana cultivation to industrial zones but it did create buffer zones around parks. The 7-2 vote to rewrite the law -- which it just approved in March -- added to existing restrictions that prevent activity within 1,000 feet of schools, residential areas or other marijuana-related businesses.

The city also requires the marijuana be grown within the city limits, despite a state law permitting medical marijuana to be legally grown throughout California.

Other proposals not adopted would have also prevented collectives from operating within 1,000 feet of libraries and child care centers.

Collectives must also submit audited financial information and state sales tax reports to the city. They are permitted to operate from 9 a.m. to 7 p.m. -- a slight increase in hours over the previous requirement that they close by 5 p.m.

Security cameras will also be required for the outside of collective buildings. And a one-year moratorium on new collectives will go into effect.

Continue reading "Long Beach tightens restrictions on medical marijuana dispensaries" »

A 31-year-old operator of medical marijuana dispensaries in Perris and Corona is awaiting sentencing on tax evasion charges.

Our Los Angeles marijuana dispensary lawyers think more dispensary owners are likely to be targeted with tax evasion and other federal charges. The government has long used such tactics against organized crime and will likely use it on dispensaries and marijuana farmers as a way of cracking down on activities legal under state law. Such roundabout enforcement makes it all the more critical to make sure you are complying with state and federal tax laws.

In this case, the 31-year-old operator was arrested during a crackdown in July 2007. The Internal Revenue Service and the Drug Enforcement Administration claims his dispensaries took in more than $1 million.

The Southwest Riverside News Network reports he was charged with conspiracy to possess, with the intent to distribute, marijuana; maintaining a drug establishment; distribution of a controlled substance; and willful filing of a false income tax return.

Federal prosecutors allege he claimed less than $30,000 in income, despite earning more than $165,000 from his Healing Nations Collective. Authorities seized his home, a Lexus, a Mercedes-Benz, $75,000 in cash and 15 pounds of marijuana.

Prosecutors dropped the other charges after he agreed to plead guilty to tax evasion. He is expected to be sentenced to home detention and probation.

Continue reading "Conviction of Corona medical marijuana dispensary operator on tax evasion charges offers fair warning " »

Under intense legal pressure by our Los Angeles medical marijuana dispensary lawyers and others, the City of Los Angeles is moving for a six-month delay on closing shops and could ease the ownership restrictions that would have forced the closure of most clinics, the L.A. Times reported.

The ownership restrictions have been particularly problematic as they would close all but 41 businesses. Even the city's intrusive (and we believe illegal) ordinance had sought to leave at least 75 of 500 dispensaries open for business. However, the ordinance forbid a dispensary from qualifying if it had a change of management or ownership in the last three years.

Meanwhile, the CANNABIS LAW GROUP is awaiting a ruling in Superior Court, due next month, on many of the arguments against the city's ordinance. The extension is an issue because the original ordinance required dispensaries to comply within 180 days of the ordinance becoming law, which would be Dec. 4. But the city's management of the ordinance is in such a shambles that it has returned to court to ask for a judge's blessing to close so many legally operating businesses.

In addition to the 180-day extension, council is expected to take up the issue of the management provision this week. That provision disqualified all but 41 of the 169 dispensaries that applied to remain open under the new ordinance.

The city had aimed to permit between 80 and 90 dispensaries to remain open.

In order to apply, a dispensary must have been legally operating before a 2007 moratorium. Numerous other restrictions were also put in place, including a requirement that a dispensary be at least 1,000 feet from a school or park. The city's inability to determine which dispensaries were even eligible has also led to delays in businesses finding locations that will not be in violation of the new ordinance.

Continue reading "Los Angeles medical marijuana ordinance in shambles, city ponders delays, modifications and do-overs" »

Our Los Angeles medical marijuana dispensary lawyers are following two marijuana issues on the agenda of the Los Angeles City Council this week. The council's actions on the marijuana issue have been so erratic that we urge collectives and others to attend such meetings and otherwise make their voices heard.

As we reported on our Marijuana Lawyer Blog, the city is pondering a delay in enforcement of its ordinance banning most of the city's marijuana dispensaries, which are operating legally under state law. The delay is necessary to avoid a Dec. 4 deadline after the city's lawmakers so badly botched creation of the ordinance that is would force the closure of virtually every collective in the city.

Meanwhile, the city figures it might as well tax the business it has all but made illegal. Council will vote on whether to place a 5 percent tax on medical cannabis on the March 2011 ballot. That issue is slated for Tuesday's meeting, which will begin at 10 a.m. in Room 340 of City Hall.

The amendment delaying enforcement of the ordinance will be heard Wednesday Nov. 17 at 10 a.m. in room 340 of City Hall.

Action is also being taken by the Los Angeles County Board of Supervisors, as it seeks to ban collectives and dispensaries from operating in unincorporated areas of the county. That hearing will be Tuesday Nov. 23 at the Kenneth Hall of Admin, 500 W. Temple St.

Continue reading "Trio of meetings set for local politicians who seek to tax and ban medical marijuana in Los Angeles" »

Despite having what medical marijuana advocates are calling one of the most prohibitive ordinances in California, three Long Beach city council politicians are calling for tougher restrictions, the Press-Telegram reports.

Our Long Beach medical marijuana defense lawyers continue to report on the antics of amateur city and county politicians, who continue to insist upon jumping into the debate -- as if their cities don't have more pressing problems. Most of these ordinances clearly violate the rights of dispensaries and patients under state law and we believe they will ultimately be defeated by those willing to fight for their rights. The politicians, on the other hand, are apparently hoping the vast majority will just allow themselves to be blindly trampled.

The Long Beach law is attempting to require marijuana cultivation occur within the city limits. Yet it also limits activities near residential areas, near schools, or within 1,000 feet of other dispensaries or growing operations.

Now several members want to restrict collectives from locating within 1,000 feet of parks, libraries or child-care centers, to restrict cultivation to industrial zones and to restrict the number of collectives permitted citywide to 18.

The proposed changes would force the closure of many of the 32 Long Beach collectives. Council members are meeting in closed-door session with city attorneys to discuss the legal ramifications of their actions.

The basic problem is that they are likely to act anyway -- even part of the problems with the ordinance in Los Angeles is that council has too often not followed the advice of its own attorneys, thereby opening the city up to millions in legal fees for little purpose other than political grandstanding.

Watchers say the Long Beach law is unusual in requiring that the marijuana be grown within the city limits.
Safe Access identifies 139 cities and 9 counties that have enacted laws banning marijuana. Another 103 cities and 15 counties have passed temporary moratoriums on collectives.

Continue reading "Long Beach marijuana dispensary law cited as both absurd and not absurd enough" »

As our Orange County Marijuana Dispensary Lawyers reported earlier this year on our Marijuana Law News Blog, the CANNABIS LAW GROUP was able to win a temporary stay in the case against Lake Forest Wellness Center & Collective. The firm and the dispensary are appealing an Orange County Superior Court decision in May that required the business to shut down.

Lake Forest closed dozens of dispensaries but Forest Wellness Center & Collective has thus far been successful in fighting for its survival with the help of the CANNABIS LAW GROUP.

The firm has filed its opening brief in the case and is awaiting the city's brief in opposition. Oral arguments will likely be heard next year. In the meantime, this dispensary has been allowed to remain open while about a dozen others in Wake Forest were forced to close.

Meanwhile, the city has filed a motion for clarification, which asks the appellate court if the city can go back to superior court and seek an enforcement of the shut down order. As we have reported here previously, it is at the appellate level that much of the success is likely to come against the small town ordinances created by amateur politicians. We believe the businesses are operating legally under state law and that our legal arguments will ultimately prevail.

The requested enforcement of the shut down order is in connection with two other dispensaries, which have not filed for court relief but have refused to close. They very well could be forced to close. The staff at the CANNABIS LAW GROUP stands ready to help medical marijuana businesses fight for survival; and we believe those that remain standing will be the ones who asserted their legal rights.

Additionally, the city may also seek to shut down new collectives, which are also not party to the litigation but have opened up in recent months.

Continue reading "Lake Forest marijuana dispensary lawsuit shows value of fighting for your legal rights" »

A breakdown of voting for Proposition 19, California's marijuana legalization effort, found support was strongest in the Bay area but failed in the Emerald Triangle, the Los Angeles Times reported.

Our Los Angeles marijuana defense attorneys noted last month that penalty for possession of up to an ounce of marijuana was reduced from a misdemeanor that required a court appearance, to an infraction punishable by no more than a fine. But Proposition 19 would have made recreational marijuana use legal, permitted possession of up to an ounce by anyone over the age of 21, and allowed for the growing of marijuana in an area of up to 25 square feet.

The measure failed 54 to 46 percent. Supporters vow to have it back on the ballot in 2012.

The strongest support was in San Francisco, where it passed, and in five surrounding counties. San Francisco residents favored the measure 65 percent to 35 percent. The measure also found support in the Central Coast counties of Monterey, San Luis Obispo and Santa Barbara, as well as the eastern counties of Alpine and Mono.

Voters in Los Angeles County voted against the issue 53 percent to 47 percent. The area is home to a quarter of the state's voters. The heaviest opposition was in Colusa County, where 68 percent opposed it.

Another area of poor showing was the "Emerald Triangle," where part of the economy depends on marijuana. Growers there were worried that legalized marijuana could hurt the market for their medical marijuana, which hurt the initiative in Humboldt, Mendocino and Trinity counties.

Continue reading "Los Angeles, marijuana growers in the Emerald Triangle, sunk Proposition 19" »

Our Costa Mesa medical marijuana dispensary attorneys have reviewed the latest city ordinance attempting to regulate the legal business of providing medical marijuana to patients. Our Los Angeles marijuana defense attorneys believe fines and civil lawsuits are the most likely sanctions for violating the ordinance.

The Orange County Register reports that the city will not seek criminal prosecution against those that violate the ordinance. While city law still classifies operating a dispensary as a misdemeanor or infraction, the new law says the city has never sought criminal prosecution and does not intend to do so in the future.

The move was in response to a ruling in August by the Fourth District Court of Appeals, which frowned on criminalizing dispensaries solely based on medical marijuana activities. As our attorneys at the CANNABIS LAW GROUP have frequently reported, it is going to be a fight to force the amateur politicians and local municipalities to recognize the rights of these businesses, which are operating legally under state law. Many of the victories may come at the appeals level. But we believe in the rights of marijuana dispensaries to do business in accordance with California law.

In this ruling, the state rejected the argument of a conflict between state and federal law, saying such a conflict would only exist if the government required people to possess marijuana. "The city may not justify its ordinance solely under federal law, nor in doing so invoke federal preemption of state law that may invalidate the city's ordinance," the court wrote.

Continue reading "Costa Mesa will not pursue criminal penalties against dispensary owners after Appeals Court ruling" »

The state's marijuana legalization effort may have failed because of a lack of support from medical marijuana patients in California, the Los Angeles Times reported.

Our Los Angeles medical marijuana defense lawyers have written about this issue before. While legalizing marijuana in California would likely take some of the undue attention away from medical marijuana collectives and growers -- who are still fighting for their rights 15 years after medical marijuana became legal in California -- it could also invite additional competition.

Big Tobacco, for example, was rumored to be purchasing farmland in preparation for passage of a law legalizing marijuana. And the City of Oakland voted to explore the possibility of backing an industrial growing operation. Consequently, medical marijuana farmers were worried about their livelihood and local dispensaries were worried about being put out of business by pot WalMart.

In reality, we think the existing marijuana industry would have been in the best position to capitalize on legalization and that marijuana legalization would have taken some of the heat off the medical marijuana industry, at least in the short run. But the reality is many state and local officials are not obeying the medical marijuana law so there is little or no reason to think they would honor the rights of recreational users.

Continue reading "Proposition 19 lacked support from some in California's medical marijuana community" »

Currently in litigation with our Los Angeles medical marijuana defense lawyers after having created an arbitrary ordinance in an attempt to close the vast majority of the city's marijuana dispensaries, the City of Los Angeles has decided it wants tax what is left.

The L.A. Weekly reports that a city councilwoman has proposed a 5 percent tax -- or $50 for every $1,000 brought in by dispensaries for pot.

The CANNABIS LAW GROUP currently represents more than a dozen marijuana collectives in the Los Angeles area against a city ordinance that seeks to force the closure of more than 90 percent of the area's medical marijuana dispensaries.

Now council has voted 9 to 3 to put the tax idea before voters in March. If passed, it will have to be affirmed in a second vote on Nov. 17.

The city's own attorney told council it was a bad idea and would essentially seek to tax an activity it has already sanctioned as illegal.

Continue reading "Los Angeles declares marijuana dispensaries illegal ... just not too illegal to tax " »

The CANNABIS LAW GROUP presented the last in a serious of arguments on Wednesday that present a host of legal and constitutional challenges to the City of Los Angeles' medical marijuana dispensary ordinance.

The judge took the matter into consideration and is scheduled to issue his ruling on Nov. 29.

While our Los Angeles medical marijuana lawyers would never presume to guess how a judge will rule, we believe our arguments were sound, that he listened to many of them, and that he could decide to strike down part or all of the city ordinance that aims to close the vast majority of the city's 500 medical marijuana dispensaries.

Should the judge strike down the entire ordinance, the city has indicated it will start from scratch in an attempt to get a new ordinance approved. Depending on the ruling, it may also be appealed by either the city or the collectives. In still another scenario, our marijuana dispensary lawyers may be able to come to an agreement with the city that is acceptable to the legally operating businesses we represent.

"At this time, no one knows for sure how the Judge will rule except maybe the judge himself," said Damian Nassiri, a partner in the CANNABIS LAW GROUP. The group is representing more than a dozen dispensaries and collectives throughout the Los Angeles area.

Continue reading "CANNABIS LAW GROUP makes latest argument against Los Angeles marijuana dispensary ordinance " »

The marijuana legalization effort is not going away. But Tuesday's defeat of Proposition 19 makes the fight against the assault on California's legal medical marijuana industry all the more urgent.

Our Los Angeles medical marijuana collective attorneys urge anyone with a stake in the fight -- whether patient, grower or dispensary -- to aggressively stand up for their rights under the laws that have made medical marijuana legal in this state for 15 years. With those laws also under attack, the only defense is an aggressive offense. Unless we let it be known that those who enforce the laws must also obey the laws, then it doesn't matter how many different ways we legalize marijuana.

The Los Angeles Times reports that supporters of the effort to legalize marijuana in California plan to be back on the ballot in 2012. The measure was defeated 54 percent to 46 percent.

As we have reported before here on our Marijuana Lawyer Blog, the fight would have likely just begun with the passage of Proposition 19.

The federal government could have challenged the law. And even the Los Angeles County Sheriff said he would ignore it and continue to make arrests, apparently for activities that were no longer illegal (yes, good luck with that sheriff).

With the legal medical marijuana industry under attack in Los Angeles, we need to convince the politicians and bureaucrats to obey existing laws before the creation of new ones will ensure the protection of a citizen's rights.

Continue reading "Failure of Proposition 19 highlights need to fight for the rights of medical marijuana patients and dispensaries" »

The Oakland Tribune is reporting that hundreds of doctors have turned to specializing in marijuana, making medical marijuana in Los Angeles and throughout California far easier to get than in the other 13 states where it is legal.

Should voters pass Proposition 19, California's legalization effort, at the polls today, the newspaper contends that could change. Our Los Angeles marijuana defense lawyers are not so sure. With state and federal challenges a virtual certainty, and with the legal marijuana dispensary industry already under attack, we think prescription marijuana is going to be the safest bet for many users, at least in the immediate future.

While the paper contends the state's 1996, medical marijuana law has become legal cover to smoke cannabis, we would point out that it remains under attack nearly 15 years after its passage. To think Proposition 19 is going to pass today, and that you are then going to be able to buy marijuana at your local neighborhood convenience store anytime soon, is absurd.

California's medical marijuana law permits prescription for any illness for which marijuana provides relief. In many other states, the medical marijuana law is much more specific and mentions diseases by name, including AIDS and cancer. Of California's 100,000 licensed doctors, advocates estimate just over 1 percent, or about 1,500, have prescribed marijuana to at least one patient. About 400 to 500 physicians account for the vast majority of recommendations.

Continue reading "Voting for Proposition 19 today will not put marijuana at your local convenience store tomorrow" »