Cannabis Law Group's Medical Marijuana Legal Blog

Retail dispensaries in Michigan took a hard hit late last month after a state appeals court concluded that their operations were illegal and they were to shut down immediately, according to the Detroit Free Press. Retail dispensaries make up a large part of the state's thriving medical marijuana economy. This shut down is going to affect more than these dispensaries. It's going to greatly affect growers who distribute to these companies.

Medical marijuana in Riverside and elsewhere throughout the state of California has been through these same problems time and time again. Government officials enact regulations and bans on specific sectors and the affect is widespread throughout the medical marijuana industry. Each ban and regulation inadvertently affects you, the consumer. Although government officials contend regulations are for the betterment of the community, nothing can benefit a community better that a legitimate industry that can offer it's funds, products, services and tax dollars.

Our medical marijuana attorneys in Los Angeles understand that patients in Michigan are facing some of the same problems as patients here in California. Since medical marijuana dispensaries in Michigan will be required to shut down, Michigan's 100,000 registered marijuana patients will have to turn to their own gardening skills to produce their own medicine.

Since patients will be forced to grow their own, suppliers of medical marijuana plant supplies see this newly effective ban as a blessing in disguise. weGrow, a franchise based out of California, recently said that it will open a store in Michigan by the end of the year. This store is expected to be about 10,000 sq. ft. It will help patients produce their own medicine since they'll no longer be able to purchase their products at local dispensaries.

Dhar Mann, the founder of weGrow, says that the company currently has stores in Phoenix and Sacramento. He is currently looking to open a spot in the Detroit metro area as well. The negotiations with the franchise aren't finalized, but he is confident that the Detroit location will be open by 2012.

weGrow exclusively caters to growers of medical marijuana. weGrow not only offers growing supplies, but also offers training seminars and growing advice. Medical marijuana patients can even become certified through the company. The Michigan store is expected to provide customers with an in-house physician as well.

Medical marijuana was legalized by state voters back in 2008. Since then, there has been a growing demand for indoor supplies. This demand has boosted demand for supplies from companies that have been in the area, and created a demand for newer stores.

Currently, a majority of the state's medical marijuana is grown indoors. This is because law states that it has to be grown in a secure location where the crop can only be accessed by either a certified caregiver or a medical marijuana patient.

Regulations on the medical marijuana industry continue to burden suffering patients and continue to hinder a struggling economy. Without treating this industry as a legitimate business, everyone will continue to suffer.

Continue reading "Medical Marijuana in Riverside not Suffering Alone -- Detroit Industry Faces Harsh Crackdowns" »

You can do more than smoke medical marijuana. It's also available as pot-infused barbecue sauce, butter and olive oil. It is oftentimes sold in biscotti, cupcakes and brownies. Medical marijuana in Los Angeles and elsewhere throughout the state is a thriving business that suits the needs of a number of deserving patients.

Our Riverside medical marijuana attorneys understand how necessary these companies are to those who require the treatment. California Collective Care has been open for nearly two years now and oftentimes sees about 80 customers each day. Medical marijuana dispensaries and collectives can be a positive in struggling communities.

The Northern California dispensary is one of 15 marijuana businesses in Vallejo. The city believes that there are about 20 more companies that aren't tracked on WeedMaps.com. The marijuana industry is just about the only thing in the city's economy that continues to thrive. There are only about 116,000 residents in the city. It's located about 25 miles north of San Francisco. Unfortunately, this city went bankrupt back in May of 2008. A number of local businesses closed and property values dropped. The city was forced to reduce its number of police officers by more than 30 percent to try to save a little money. Vallejo is one of the few places left that has no local laws to regulate the medicinal marijuana industry, partially because it does not have the funds to fight these companies in court, according to Bloomberg Businessweek.

Unfortunately, since the industry doesn't have the full stamp of approval from the city they are still forced to operate in a gray area. Many of the owners of the dispensaries and the collectives are unable to get approved for company bank accounts and they're unable to purchase health insurance for employees. Owners have gone to government officials and have asked to be taxed. Through taxes, they could then be classified as a legitimate business. In this case, both parties would benefit.

As the city climbs out of bankrupt, it has slowly begun to build up its police force. The next move is to put a measure on the ballot for voters to decide in November. The measure would impose a business-license tax on the dispensaries. They could be taxed up to 10 percent of gross sales.

"All the marijuana clubs in Vallejo want to be legal," Tomada says. "We help the public every day of the week here. We just want to be recognized as part of the community."

California was the first state to legalize the use of medical marijuana back in 1996. The goal of this legalization was to offer pain relief to those with AIDS, cancer and a number of other excruciating illnesses. Since then, doctors, patients and companies have faced a number of unnecessary crackdowns and illegitimate regulations to oversee the industry. The medical marijuana industry should be embraced by the state and used to generate much-needed revenue, to assist local patients and to fuel the city's economy.

Continue reading "Medical Marijuana in Orange County is a Thriving Industry Deserving of Respect " »

The California legislature is still focusing on regulating the use of medical marijuana in Los Angeles and elsewhere throughout the state. Residents of California who helped to pass both Props 215 and 420 are now being turned against by their elected officials.

Residents of the area are asked to come together to remind Governor Jerry Brown about the needs, rights and desires of the people he represents. You are asked to email the Governor to veto Senator Lou Correa's (D-Santa Ana) SB 847 and AB 1300. This is a bill that requires all legal medical cannabis cooperatives and collectives set up shop at least 600 feet from school and residential zones. This bill will put most dispensaries and collectives out of reach for patients.

Our Orange County medical marijuana attorneys understand that research, conducted by Americans for Safe Access (ASA), concludes that cooperatives and collectives can be good neighbors. This has been apparent for roughly sixteen years now. Restrictions like these are just unnecessary and inconvenient.

Countless studies reveal that sensible regulations reduce crime and complaints in areas where cooperatives and collectives are located. We need to come together to get Governor Brown to listen to the people.

On our Marijuana Attorney Blog, we recently told you about the city of San Diego, which added a bunch of additional rules to its current medical marijuana policy back in June. Under its new rules, collectives can only operate in industrial areas. The city has prohibited these businesses from operating within 1,000 feet of churches, parks, homes, libraries and schools. They also slapped the operators of collectives with a $1,000 fee for operation.

Medical marijuana dispensaries in Fresno County have also been banned. An ordinance was recently passed by the Fresno County Board of Supervisors with a 4-1 vote that makes it illegal for these companies to operate within the county's limits. Fifteen of the city's medical marijuana businesses have 7 months to close up shop and head out under the new ban.

San Diego is an example of how community involvement and opinions can help to overturn these ridiculous regulations. Citizens for Rights, Patient Care Association and the California Cannabis Coalition were able to successfully overturn an ordinance in San Diego. But after repealing the regulations, there were 26 collectives that were shut down because of enforcement from the city attorney. Five collectives currently have their cases tied up in litigation and another 38 collectives are in various stages of investigation.

As the state continues to deal with regulations, dispensaries and collectives are left in limbo having to abide by a number of conflicting rules set forth by state and local governments.

Continue reading "Medical Marijuana in Los Angeles in Limbo with Conflicting Regulations from Officials" »

A three-month investigation led to the shutdown of a Centerville medical marijuana collective. Fresno County Sheriff's Deputies obtained a search warrant for the collective, Herbal Solutions, after accusing the shop of opening its door after the Fresno County Board of Supervisors passed legislation banning any more collectives from opening in the area, according to KMPH. The owner of that collective could now be facing federal charges for operating the collective within 1,000 feet of a school.

During the raid, local officers confiscated approximately 30 marijuana plants, a number of pipes and other items from the collective. One of the shop's employees was arrested after officers searched her home and located another 500 marijuana plants.

Our Orange County medical marijuana attorneys understand that new medical marijuana dispensaries in Fresno County are banned. The Fresno County Board of Supervisors recently passed an ordinance with a 4-1 vote that would prevent the businesses from operating within the county's limits. There are currently 15 dispensaries operating in the county and the new ban says that they all have to close up shop within the next 7 month.

The new ordinance does allow the medicinal plant to be grown indoors in a select few industrial areas. These areas are required to be at least 1,000 feet from schools and from neighborhoods, according to CBS 47.

Local officials will be meeting with dispensary owners and medical marijuana patients to discuss the transition. Comments and concerns will be addressed from the public regarding any additional changes that should be made to the new ordinance.

Many residents rely on these companies to receive their medical treatments. Patients who are a part of the Medical Marijuana Program (MMP) have to able to, as per their physician's recommendation, obtain and consume the product.

According to the MMP, there have been nearly 56,000 medical marijuana cards distributed in the state of California since 2004.

Medical marijuana has been known to be effective in the treatment of:

-Anxiety

-Diabetes

-Chemotherapy side effects

-Gastrointestinal illness

-Glaucoma, Fibromyalgia

-Migraines

-Inflammatory Bowel Disease

-Neurogenic pain

-Memory disorders

-Asthma

The MMP has been allowing deserving patients to obtain and consume the medicinal plant thanks to Senate Bill 420, Proposition 215 and the Compassionate Use Act of 1996. The program started back in May of 2005 when it was launched as a pilot project in only 3 California counties. Just three months later it was released as a statewide program.

The industry is now problems from conflicting state and federal regulations -- and from the encroachment of city and county ordinances. As the government parties continue to battle over regulation of the industry, medical marijuana facilities are forced to operate in limbo with the risks of shutdown around every corner.

Continue reading "City Officials Shut Down Medical Marijuana Collective in Centerville, Owner Faces Federal Charges" »

A 5-2 vote recently solidified Chico City Council's decision to disallow medical marijuana dispensaries in Chico. The city arrived at this decision after concluding that it didn't want to pass an ordinance that would violate federal drug laws, according to Chico ER. If the law were to have been passed, two dispensaries in the city would have been allowed to open. This decision has been a back and forth process in previous years.

Bob Evans, a Chico City Councilman, says that he doesn't think that disallowing these dispensaries puts the city at any less of a risk from being prosecuted by the federal government. He goes on to compare being less illegal to being "less pregnant." He says you either are or you aren't. There's no in between.

Our Los Angeles medical marijuana attorneys understand that many counties continue to battle with state and federal laws that govern medical marijuana usage. Medical marijuana dispensaries, collectives and users have been granted rights by state law -- though they continue to be infringed upon.

Back on the 5th of July, the same council members stuck a vote of 4-3 that would allow them to adopt the dispensary ordinance. Just a few days before the council voted, the city's mayor received a letter a U.S. attorney that said that the city and its regulations were breaking federal laws. Mayor Ann Schwab and Councilmen Bob Evans and Mark Sorensen both rethought their vote.

Later, on the 14th of July, the city's attorney, manager and police officers held a meeting with a U.S. attorney and learned that their city could face federal prosecution if they were to allow these dispensaries and if they continued to ignore federal laws. This after the Obama Administration's previous directive that the feds would not target states where medical marijuana is legal.

The issue was brought back to the council on the 2nd of August by the City Manager, Dave Burkland. A few members have switched their votes, but nothing has changed with the rules that residential growers must abide by.

The official repeal will be back in discussion before the council during a public hearing on the 6th of September. Then there will be a final adoption. Until then, the city plans to observe the actions and reactions of other cities that are fighting similar battles regarding medical marijuana and they will then bring the issue back up in another six months.

As many are voting to repeal the ordinance, there are also a number of changes being made to it to make it follow federal laws more closely. These changes include eliminating references to cultivation and law enforcement oversight.

"This is a public health ordinance. That's how I see it," said Councilman Andy Holcombe. "That's why we should pass it."

We understand that the battle between state and federal government is far from over. Until a final regulation is enacted that is consistent everywhere, the industry will continue to be the victim of on-the-fly regulations from varying agencies.

Continue reading "Medical Marijuana banned by City Council in Chico" »

According to a recently ruling from a Tulare County Superior Court, marijuana is not an agricultural crop even though it's a top money maker in our area. The ruling more specifically states that owners of medical marijuana collectives cannot operate on or grow products within lands zones that have been set aside for agricultural purposes, according to Mercury News.

During the ruling, a landowner voiced his belief to the judge about the benefits medical marijuana in Los Angeles and elsewhere. He says that a medical marijuana collective's cultivation of the drug should be legal when it was in fact located in a zone that has been specified for agricultural crops. He recently came under scrutiny for being involved in this exact scenario.

Our Orange County medical marijuana attorneys understand the constant battles that these collectives have to go through on a daily basis. Collectives are oftentimes not treated fairly and forced to jump through hoops to keep their business up a running, a business that is legal in the state of California.

This specific ruling concluded that medical marijuana was in fact a controlled substance and that the court believes that as a matter of law, growing marijuana is not sufficient enough to constitute a good use of agricultural property.

Tulare County sued the landowner and the collective that he operated. This is the first time that the court has looking to specify the uses for these zones. The court has never had to differentiate which crops were classified as agricultural and which were not.

The owner defended his property and his business by saying that medical marijuana grows like any other crop and should be treated the same way. There is irony here: The history of marijuana suggests it may well have been the first agricultural crop -- and agriculture ushered in modern civilization. Beginning in the late 1700s, marijuana plantations were commonplace throughout the United States.

The topic was addressed once before back in 2006 when Jon Gettman, who is a marijuana legalization advocate, reported that marijuana is in fact the country's number on cash crop as it brings in nearly $36 billion every year. This total is more than the amount from wheat and corn combined.

It has been determined that the California Department of Food and Agriculture does not define cannabis as an agricultural commodity.

Continue reading "Medical Marijuana in Los Angeles Recognition as an Agricultural Crop" »

In a rare victory for a municipality in the struggle over medical marijuana rights in Los Angeles and throughout the Southern California area, a judge ruled that Anaheim's medical marijuana ban is constitutional.

Anaheim medical marijuana attorneys continue to fight for the rights of collectives, dispensaries, patients and growers. In many cases, those businesses that have fought for their rights have survived and thrived. The CANNABIS LAW GROUP represents more than a dozen dispensaries throughout the Los Angeles area.

In this case, Judge Chaffe relied upon his interpretation of "mass distribution," saying the state's medical marijuana laws permit collective cultivation but not mass distribution. He ruled, therefore, that Anaheim was within its rights in establishing a ban aimed at preventing mass distribution.

In a victory for patients, the judge did rule against the criminal sanctions portion of the ban, saying state law provides qualified patients with a defense against criminal marijuana charges.

Some cities and attorneys could view this as a victory and a precedence for establishing local bans. Our Medical marijuana dispensary lawyers in Anaheim and L.A. think that would be a mistake. This case is likely going straight to the Fourth District Court of Appeals. Many times, local judges simply make mistakes. They fail to rule against the established powers that be in their area. They side with the prosecution too easily in criminal cases. They side with local government in civil issues. It often takes an appeals court to strictly apply the law.

A better approach would be to follow the example of Garden Grove, which has replaced its ban with a registration and grandfather process.

The Orange County Register reports dispensaries have until Sept. 23 to register with the city and pay a $200 fee.

Twenty-three cities in Orange County spent more than they collected last year. Public safety costs, pension costs and plummeting revenues continue to push cities into the red. Anaheim cut $5 million from police and fire budgets. Still, it's trying to force legitimate businesses to close rather than seeing them as a legitimate source of revenue and a partner in rebuilding the city's economy.

In fact, Anaheim has nearly $800 million in debts for retirement and medical benefits -- the highest tally of any city in Orange County.

Continue reading "Qualified Patients v. City of Anaheim: Struggle for Medical Marijuana Rights Continues " »

California voters legalized the use of medical marijuana in Los Angeles as long as it was recommended to them by a physician. That law is still being contested despite being on the books for 15 years.

Statistics report that more and more residents are using the drug as a medical treatment and those opposed to the drug are calling the state out; they claim it is allowing use for illegitimate medical reasons. Advocates continue to say that the drug is hardly every abused and many residents consume the drug for its intended purposes. The battle is seemingly never ending.

To help clear up some of the confusion, a study was conducted by researchers at the University of California, Santa Cruz, to take a look at product usage throughout the state, according to The Sacramento Bee. The study also analyzed the population and the characteristics of the state's medical marijuana users. This study most likely won't solve the ongoing debate, but it will help to get some detailed insight into the industry and the supporters of it.

Our Orange County medical marijuana attorneys understand the issues and are dedicated to fighting for the rights of patients and collectives. Many who oppose medical marijuana treatment are just looking for a way to point the finger at the industry in an attempt to shut it down. The truth is that time and time again allegations have been made against medical marijuana only to be proven false, yet this legal industry continues to fight to remain legal in a state where it's already been legalized.

The authors of the study looked at information from nearly 2,000 consecutive admissions to nine medical marijuana assessment clinics that operate in the state of California.

The report found the following:

-About 75 percent of medical marijuana patients were male.

-About three-fifths of the patients were Caucasian.

-These people were classified as "younger" and "had more years of formal education" and "were more often employed."

-About 28 percent of all patients were ages 25 to 34.

-Roughly 21 percent of patients were ages 35 to 44.

-Approximately 20 percent of patients were ages 45 to 54.

-Patients most often reported the need for medical marijuana to help relieve pain, anxiety, spasms, to help them sleep and cure headaches.

-Most patients report that medical marijuana provides them with a therapeutic benefit.

-Nearly 80 percent of patients said that they have in fact tried other medications from their physicians before trying marijuana. Most of these prior prescriptions were opiates.

-Nearly 60 percent of medical marijuana users say that they use cannabis before going to sleep.

-About 40 percent of patients use less than 3 grams of the drug a week.

-Nearly 40 percent of patients use 4 to 7 grams of cannabis a week.

-About 23 percent report that consume more than 7 grams a week.

"Compared to earlier studies of medical marijuana patients, these data suggest that the patient population has evolved from mostly HIV/AIDS and cancer patients to a significantly more diverse array," the study concluded.

So, we're still left with no answers. All we know now is that the industry is evolving, but what industry isn't? If anything, these results show that there's less of a stereotype for users than the prejudice public first believed.

Continue reading "Study to Debunk Stereotype of Medical Marijuana Patients in Los Angeles and Elsewhere" »

San Diego Mayor Jerry Sanders says he's not going to increase efforts to shut down current medical marijuana dispensaries.

Instead, he's says he's opting to preserve the status quo while collective operators look to forge their own path to legitimacy. Last month, the City Council went back on its restrictions against San Diego medical marijuana dispensaries instead of dishing out as much as $1 million for a public vote, according to SignOn San Diego.

The city council members were forced to act after a coalition of medical marijuana advocates were able to collect enough valid signatures to place a repeal on the ballot. In San Diego, there were more than 150 collectives approved when the rules were initially approved in April. All of the collectives were operating illegally under the city's current zoning laws.

Code compliance officers will continue to investigate complaints against collectives. This is the case for many medical marijuana dispensaries in Orange County and elsewhere throughout California. While medical marijuana has been permitted by city officials, the government will continue to search high and low for various code violations that can be used to shut down the businesses.

Our Los Angeles medical marijuana attorneys understand code enforcement officers will stop at nothing to put these shops out of business. It is important to contact a experienced marijuana attorney if your shop is facing an unfair shutdown.

"We're still approaching this on a complaint basis," said mayoral spokeswoman Rachel Laing. "And I suspect that will continue to be the case."

City planners were not involved in the drafting of the medical marijuana regulations, and many find no surprise in Sanders' avoidance of the contentious and potentially expensive process of regulating the proliferation of dispensaries.

Closing down collectives in the city is no priority as the city is straining to provide basic services. The process to shut a collective down is plagued with logistic and legal problems and considering San Diego is facing a $40 million deficit in a $1.1 billion operating budget for the fiscal year beginning July 1, 2012, this is no time to take on the industry.

"The best use of resources is to get regulations that everyone can live with," said Bob Selan of Los Angeles, CEO of Kush Magazine and a spokesman for the Patient Care Association. "We applaud the mayor's decision and think it's a good idea for everyone involved to have some breathing room."

The groups that were able to successfully overturn the ordinance include Patient Care Association, Citizens for Patient Rights and the California Cannabis Coalition. All of the organizations are working to craft new regulations that wouldn't require dispensaries to operate withing inconvenient industrial areas of the city.

The rules they repealed included a limited number of dispensaries to commercial and industrial zones. Cooperatives would be required to operate at least 600 feet from schools, playgrounds, libraries, child care and youth facilities, parks, churches and each other.

A number of city officials still back a ban. Many feel that the inaction on "illegal" businesses sends a loud message to local residents that says that neither they nor city officials need to respect the rule of law where marijuana is concerned.

Currently in San Diego, a business must have a business tax certificate, must be open to inspections by government agencies and must comply with a state law that defines specific conditions for manufacturing, packaging, labeling, advertising and selling food and drugs.

"With proper code enforcement the mayor could have shut down pot shops as they opened and could still shut down all existing pot shops," said Scott Chipman, chairman of San Diegans for Safe Neighborhoods.

Still, with the regulations repealed, there are 26 collectives that have been shut down because of city attorney enforcement. Five are tied up in litigation brought within the last year and another 38 collectives are in various stages of investigation, negotiation or pre-filing status, says Gina Coburn, City Attorney Jan Goldsmith's spokeswoman.

"As prosecutors, the City Attorney's Office will take enforcement action when law enforcement or code compliance provides sufficient evidence to meet our standard of proof," Coburn said. "We will not look the other way on enforcement of the law on these or other cases. Again, however, there are circumstances where enforcement action is taken without the necessity of filing a legal action."

Continue reading "San Diego Backing Off Restrictions Against Medical Marijuana Collectives" »

We recently discussed the regulations and bans on the medical marijuana industry throughout the state of California on our Medical Marijuana Attorney Blog. This is the second entry of the two-part blog discussing how medical marijuana in Los Angeles and elsewhere in California, made legal by the citizens of California, is being regulated by local government.

Our Orange County medical marijuana attorneys would like to remind you that medical marijuana was approved, through Proposition 215, back in 1996. Patients and caregivers who possess or cultivate marijuana that have been recommended by a physician are exempt from criminal laws.

Although users in the state of California are safe under state law, cities continue to pull out all the stops in an effort to shut down the industry, according to The San Diego Union Tribune.

Lemon Grove

Currently, Lemon Grove effectively manages to ban medical marijuana collectives since they're not allowed under current zoning laws, according to City Manager Graham Mitchell.

National City

Recently, City Council adopted a new land-use code. This code effectively banned all medical marijuana dispensaries as of June 21st. The National City Police Department recently gathered new information through the Drug Enforcement Agency that concluded that marijuana is a "dangerous, addictive drug that poses significant health threats to users." This only offered further justification for the city and its theory that marijuana is dangerous and should be banned because it is still classified as a Schedule I drug.

Oceanside

In 2010, the city was able to effectively ban medical marijuana dispensaries through a small change in its zoning ordinance. Under its new policy, uses that are not explicitly covered by the zoning ordinance are prohibited, including single-family dwellings occupied by multiple adults or marijuana dispensaries.

The city is still facing the concerns of dispensary directors as they're still seeking an amendment that would add these businesses to the city's list of permissible land uses. If collectives were added to this list, they would then be required to apply for a permit. This proceeding would allow the city's planning commission or city council the ability to impose a number of regulations on the dispensaries' operations.

Recently, a judge ordered two of the city's dispensaries to close because they were operating without business licenses.

Poway

As of the 6th of July, all medical marijuana dispensaries, cooperatives and collectives were temporarily banned. The urgency ordinance put into effect by the city is set to expire in 45 days from that data. City Attorney Morgan Foley says that the city called for this urgency ordinance to protect itself from having to consider a dispensary while new rules were pending since a co-op was currently in the process of opening just outside El Cajon. At least one operator applied for a license before the ordinance took effect.

San Marcos

San Marcos became the first city to fully ban medical marijuana dispensaries. Jacqueline Vinaccia, an attorney representing the city, says that the ban was consistent with Proposition 215 because that measure doesn't restrict individual cities from regulating land use.

Back in 2010, the city initiated enforcement efforts against a number of medical marijuana dispensaries. The city has secured temporary and preliminary injunctions against four of them. Three of the dispensaries say they can no longer operate under these conditions. The fourth case is still pending.

Santee

June 23rd ended a two-year city moratorium on medical marijuana dispensaries in this city. Zoning regulations still make it impossible for any collective to operating legally. .

Solana Beach

Solana Beach Municipal Code does not permit medical marijuana dispensaries.

Vista

Medical marijuana dispensaries are also not listed as a permitted use in the city of Vista. The city prohibits any activity that is illegal under state or federal law. The city is currently taking legal action against some operators.

Continue reading "Medical Marijuana in Los Angeles and Elsewhere Regulated by Local Leaders" »

Proposition 215 was approved by California voters back in 1996. Under the Compassionate Use Act patients and caregivers who possess or cultivate medical marijuana in Los Angeles and elsewhere throughout California that has been recommended by a physician are exempt from criminal laws.

Back in 2003, the state legislature enacted Senate Bill 420. The Medical Marijuana Program Act was aimed at clarifying the application of Proposition 215. It expanded immunity from prosecution to doctor-recommended patients and their caregivers who transport marijuana and it required California counties to establish an identification card program for all users. Furthermore, it recognized the right of collective and cooperative cultivation of medical marijuana.

Our Orange County medical marijuana attorneys understand that since we passed these initial laws, the medical marijuana industry has come under extreme scrutiny for operating in a legal field. Since then, there have been a number of location-regulating amendments and imposing municipalities that have left the medical marijuana industry feeling criminalized.

This is the first part of a two-part blog that looks around at the state at various counties and their individual regulations on the medical marijuana industry.

Del Mar

Del Mar is one of a number of cities in the region that has restricted medical marijuana dispensaries. Instead of a ban, the city looks to create strict zones for their dispensaries to determine a property's allowable uses, according to City Attorney Leslie Devaney. The city's only medical marijuana dispensary was recently shut down after receiving orders from a superior court judge. The manager of that dispensary, Patrick Kennedy, proudly states that it is his right to operate under state law.

Coronado

According to City Clerk Linda Hascup, the city's municipal code does not currently list a medical marijuana dispensary as an approved use. There is no current action being considered or action that is pending that would add that type of use in the jurisdiction, according to SignOn San Diego.

El Cajon

El Cajon also has a zoning reflations where distributing medicinal marijuana is prohibited within commercial areas. Councilman Bill Wells recently expressed his disappointment with the county's decision to provide a permit to a 15,200-square-foot dispensary located right outside of the city limits near Gillespie Field.

"It's against federal law and California is thumbing its nose," Wells said.

La Mesa

La Mesa does not permit medical marijuana dispensaries.

"Those uses and structures as provided in the various zone regulations herein shall be permitted, all others shall be prohibited," City Clerk Mary Kennedy said about the city's zoning ordinance.

Throughout 2011, a handful of people have applied for a business license to open and operate as a collective in La Mesa. Property owners remain subject to civil or criminal charges if they violate the current zoning rules.

Encinitas

Since medical marijuana dispensaries are not listed as an allowable use within the city's zoning code, they are not allowed.

"As such, we do not have any ordinance or policies that regulate medical marijuana dispensaries," says the Planning and Building Director, Patrick Murphy .

Escondido

Back in August of 2009, the Escondido City Council voted against medical marijuana dispensaries and banned them entirely in the area. Officials continue to stress that marijuana remains an illegal controlled substance under federal law. They have also created rules that state medical marijuana dispensaries don't qualify as primary caregivers under the health and safety code. Violators can face a number of charges and steep fines.

Continue reading "Individual Counties Regulate Medical Marijuana in Los Angeles and Elsewhere" »

The Los Angeles city attorney's office recently obtained a court order to shut down operations at a medical marijuana dispensary in North Hollywood. Under the shutdown, the owner of the company was ordered to pay more than $35,000 in attorneys' fees and costs earlier this week, according to the Studio City Patch.

During the eviction process, the owners of shop Starbudz Inc. were carried off the premises in the NoHo Arts District. Sheriff's deputies cleared the area for the Los Angeles police to come in and seize the remaining property. The police officers confiscated 3.5 kilograms of marijuana, 37 plants and food items. Officers also took a 3-foot long iguana into custody.

Our Orange County medical marijuana attorneys would like to point out that this eviction action was the result of a number of alleged community complaints. No data has been released regarding these complaints. The city reportedly collected a significant amount of evidence through undercover marijuana purchases that were made at that location as well. The city also collected evidence after raiding the building through a search warrant executed by the Los Angeles Police Department.

Frank Mateljan of the city attorney's office says that the city attorney's notified the shop owners and the property owner back in January of "narcotics violations at the property."

The shop neglected to file a Notice of Intent to Register under the city's "temporary urgency" ordinance, a temporary law governing medical marijuana sales.

Back in March, the city attorney's office filed an unlawful detainer action against the owners of this shop. The detainer was filed in an attempt to evict the shop and for the owners to forfeit the lease because the property owner had reportedly failed to take action to evict the shop.

A summary judgment was granted by the court in favor of the city back on June 17th. Through this judgment, the company owner was ordered by the court to pay $35,290 to the city for attorneys' fees and costs. Two days later, the county Sheriff's Department handed Starbudz and the property owner, Vineland Sunshine Properties, with a notice of lockout. The order was enforced and carried out that Wednesday.

Medical marijuana clinics in Hollywood are currently required to be staffed with the same type of expert medical doctors that you would find at any other healthcare practice. The only difference is that these health specialists deal specifically with evaluating patients who are suffering from symptoms that can be treated with the use of medical marijuana. Researchers have found that the drug is able to treat more than 100 different illnesses, diseases and chronic symptoms. All of these conditions have been approved by the state to be treated with the use of medical marijuana. If doctors believe that a patient can benefit from this treatment, they are then prescribed the drug and presented with a medical marijuana card.

According to the Medical Marijuana Program, there have been more than 55,000 medical marijuana cards issued in the state of California since 2004.

Alameda, Alpine, Amador, Butte, Calaveras, Contra Costa, Del Norte, El Dorado, Fresno,
Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Los Angeles, Madera, Marin,
Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Orange, Placer,
Plumas, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Tehama, Trinity, Tulare, Tuolumne, Ventura, Yolo and Yuba counties currently participate in the program.

Continue reading "Shop Providing Medical Marijuana in North Hollywood Shut Down by City Officials" »

Nearly 30 medical marijuana dispensaries in San Bernardino county have just a short time before they're shut down my county officials.

Back in May, a land-use regulation was enacted by county supervisors allowing Code Enforcement officials to begin their 13-step compliance process against 26 dispensaries. Under this compliance process, dispensaries will be handed increasingly higher fines the longer they keep their doors open for business.

Our San Bernardino medical marijuana lawyers understand that even as enforcement moves ahead, a couple of court rulings may limit the county's ability to close these dispensaries. It is only after the 13th step that the county can begin civil action to close any dispensary that is in noncompliance. Criminal penalties have been shot down by a recent court ruling. Those who stand in fight are most likely to be successful while those that fold and close could be forfeiting their future rights.

Conflicts between local ordinances, state laws and federal legislation remain unresolved, and the number of court rulings in favor of the dispensaries continues to grow.

As we've discussed before, the federal government recently decided to keep marijuana on the Schedule I list with heroin, cocaine and ecstasy. This is the most serious of all drug classifications under the federal Controlled Substances Act. The Compassionate Use Act was also passed to allow patients with a valid doctor's recommendation and their designated primary caregivers to both grow and possess marijuana for personal use.

Still, local governments make attempts to ban dispensaries.

The county's enforcement is being challenged by lawsuits. The current ordinance requires that residents of unincorporated areas can only grow their own supply indoors. Outdoor growth is prohibited.

Proposition 215 allows the existence of all storefront dispensaries, but local governments are tossing out this law and are continuing attempts to illegally shut them down.

"One sentence in AB 1300 says local jurisdictions have the ability to regulate these businesses," said Lawrence Bynum, a Riverside civil attorney. "I think that could open the door to banning them."

Of the 26 dispensaries that the county is targeting, nine of them have taken legal action against the county. The court hearings for most of those countersuits are scheduled for July and August.

Continue reading "Medical Marijuana Dispensaries in San Bernardino Face Lengthy Compliance Process" »

Advocates of marijuana in Orange County and elsewhere in the state of are back at it, making another attempt at legalizing recreational use of the drug. Earlier this week, the secretary of state's office approved the circulation of ballot petitions for their proposition. Supporters of the drug must collect nearly 505,000 signatures from residents by the 19th of December in order to get the initiative to appear on the ballot next year.

This wave of support, headed by medical marijuana activist Steve Kubby, varies from California's Proposition 19. This was the failed attempt to legalize recreational marijuana during the 2010 midterm elections.

Our Los Angeles medical marijuana attorneys would like to recognize the continuous efforts of these advocates. We also see the strategy of this campaign as next year's presidential election is more likely to gain better support from a broader group of voters. Midterm elections typically bring out more conservatives.

In their latest attempt, they're pushing to legalize marijuana by asking that people who grow the plant be treated like vintners and microbrewers. These people are not taxed when they keep the product for themselves.

The proposition recommends that those who sell marijuana be regulated by the state Department of Alcoholic Beverage Control.

When Proposition 19 was voted down in 2010 by a 54-46 percent vote, liberal and conservative politicians alike joined together in rejecting the proposal. If Proposition 19 would have passed, California would have been the first state to legalize smoking pot recreationally.

The California chapter of the National Association for the Advancement of Colored People (NAACP) called for an end to the "war on drugs" in what it called a "historic resolution." Its resolution endorses rehabilitation programs. This theory is supported by recently released data that concludes that African Americans were nearly 15 times more likely to go to jail than whites for the same drug-related offense.

"These flawed drug policies that have been mostly enforced in African American communities must be stopped and replaced with evidenced-based practices that address the root causes of drug use and abuse in America," said Benjamin Todd Jealous, president and CEO of the NAACP.

Throughout the Proposition 19 campaign a number of other black leaders voiced their opposing opinions on the legalization of the drug, saying that it would in fact harm the black community.

"It will cause more carnage, more devastation, more crime, more burglary in that community or in any other community. It doesn't make sense. How can you educate an intoxicated mind? You can't," says Ron Allen, who is president of the International Faith-Based Coalition and is African American. "If Martin Luther King could hear something like that, he would turn over in his grave, knowing that our greatest civil rights organization is talking about legalizing a drug and calling that civil rights."

In California, current law states that the possession of up to one ounce of marijuana is only an infraction. Former Gov. Arnold Schwarzenegger signed that law, making the punishment for possession the same as the punishment for a speeding ticket.

Continue reading "Legalization in the Future? Advocates of Medical Marijuana in Los Angeles Hope" »

Nearly 20 percent of drivers nationwide stopped randomly at night are under the influence of legal and illegal drugs, according to the Los Angeles Times. Half of these drivers are reportedly high on marijuana. Crash accident statistics report that there are approximately 1,000 injuries and deaths resulting from drivers that are high on marijuana in Los Angeles and elsewhere in California. Law enforcement agencies throughout the state blame a majority of these accidents on the rapid growth and use of medical marijuana. Reports get even more detailed and claim that drugs, not alcohol, were the primary cause of fatal accidents; such accidents have increase by more than 50 percent over the past decade.

"Marijuana is a significant and important contributing factor in a growing number of fatal accidents," said Gil Kerlikowske, director of National Drug Control Policy in the White House and former Seattle police chief. "There is no question, not only from the data but from what I have heard in my career as a law enforcement officer."

Our Costa Mesa medical marijuana attorneys take such studies with a grain of salt. It's difficult to test for the presence of marijuana at the time of an accident because marijuana stays in your system for approximately 30 days. While a driver may have tested positive for marijuana, they may not have been high on the drug during the traffic accident. These vague statistics are just another way to crackdown and punish patients for taking medicine to treat their symptoms.

Currently, about a third of the United States now permits the use of medical marijuana.

This issue is compounded by the lack of a national standard focusing on the amount of marijuana that a driver should be permitted to have in their bloodstream. As it stands now, there are 13 states that enforce zero-tolerance laws. California and 34 other states have no formal standard. These states rely on the judgment of police to determine what exactly impairment is.

It is unclear as to whether or not residual low levels of marijuana can in fact impair a driver days or weeks after the drug is smoked. Medical marijuana advocates continue to claim that federal and state officials are trying to make it impossible for residents to use marijuana and drive legally for days, even weeks, afterward.

"A lot of effort has gone into the study of drugged driving and marijuana, because that is the most prevalent drug, but we are not nearly to the point where we are with alcohol," said Jeffrey P. Michael, the National Highway Traffic Safety Administration's impaired-driving director. "We don't know what level of marijuana impairs a driver."

Federal scientists are anticipating the day in which they will discover a way to have police quickly swab saliva from drivers' mouths to figure out whether or not they have an illegal level of marijuana. This theory still requires years of research. Until that day comes, officers can only make arrests on their professional judgment. This leaves citizens open to false arrest and unwarranted criminal charges.

Now, police can only administer a lengthy 12-point exam on drivers that they expect to be under the influence of marijuana.

The national coordinator for the International Association of Chiefs of Police based in Washington, D.C., Chuck Hayes, says that the current system seems to be working well to spot an impaired driver. He also says that any future legal limit or medical test would be just another tool rather than a revolutionary change in the detection of these drivers.

"We are not concerned about levels or limits. We are concerned with impairment," Hayes said.

Continue reading "Officials Looking to Crack Down on Drivers Using Medical Marijuana in Los Angeles" »

City Council will be repealing a number of restrictions that they're trying to force on medical marijuana in San Diego. This attempt to enact these rules comes after a number of cities across the United States continue to increase enforcement and regulations on these medical marijuana storefront operators, according to the San Diego SignOn.

Earlier this week, members of the San Diego City Council were forced to repeal their rules or to leave these decisions to the voters though a ballot; a coalition of medical marijuana advocates submitted their concerns and had enough signatures to qualify a referendum.

Our San Diego medical marijuana attorneys don't believe that local municipalities should have the authority to pass any rules or restrictions that hinder the rights of marijuana businesses and patients in any city or county. This issue should have been settled 15 years ago by resident votes. We do understand that oftentimes rules are better than flat-out bans, but where does the unnecessary regulating end?

This repeal is leaving the San Diego city collectives in a legal limbo.

The ordinance would have made it mandatory for all of the city's collectives to close up shop and discontinue business practices until being granted a permit. If an application for a permit is approved, then a dispensary would then be limited to operation in some commercial and industrial zones. They would be required to operate at least 600 feet from one another. They would also be required to keep at least 600 feet from schools, playgrounds, libraries, child-care and youth facilities, parks and churches.

In some of the latest attempts to regulate the growing number of collectives throughout the state of California, local municipalities are turning to outright bans in many areas.

Back in June, San Diego County was added to the list of government looking into stopping the sale of medical marijuana within its boundaries altogether. City rules now limit collectives to industrial areas only. Collectives are also prohibited from operating within 1,000 feet of parks, churches, homes, schools, libraries and other medical marijuana facilities. Supervisors later approved an $11,000 annual fee for collective operators.

Back in 1996, three county supervisors were so opposed to Proposition 215 that they voted to sue the state to get it to completely overturn the laws that allow medical marijuana. Proposition 215 is the voter-approved initiative that permits residents to grow and smoke marijuana on their physician's recommendation to treat a number of disorders, symptoms and conditions.

Years later, the U.S. Supreme Court declined to hear an appeal from San Diego and San Bernardino counties. This rejection ultimately ended that suit.

Earlier this month, Mother Earth's Alternative Healing Cooperative opened as the first legally permitted medical marijuana collective in the county.

Continue reading "City Council Forced to Repeal Restriction on Medical Marijuana in San Diego" »