Cannabis Law Group's Medical Marijuana Legal Blog

With the federal crackdown threatening the medical marijuana industry in California, seven San Francisco supervisors are urging federal agents to reroute course. Obama previously claimed that he wouldn't be focusing federal enforcement efforts on the medical marijuana industry. You'd never know that was ever said with the way things are looking now.

"I believe it's important for us ... to be very clear that we support the right of patients to have access to medicine," said the chief sponsor of the nonbinding resolution, Supervisor David Campos. He is also has the support and co-sponsorship of Supervisors Scott Wiener, Jane Kim, Ross Mirkarimi, David Chiu, John Avalos and Eric Mar.

Our Orange County medical marijuana attorneys continue to work with dispensaries after federal agents launched a crackdown on the medical marijuana industry last month. The viewpoints of these officials see dispensary operations violate federal law. Since the announcement of this crackdown, Federal enforcement agencies, the DEA and the IRS started targeting dispensaries in cities that regulate currently medical marijuana. These areas include Claremont, Lake Forest, Laguna Hills, Chino, Temecula, Wildomar, Dana Point, Rancho Santa Margarita, Laguna Niguel, Montclair, Upland, Murrieta and Pomona.

Rachel Gordon from the San Francisco Chronicle writes that this isn't the first time that these supervisors have stepped up to support the industry. Back in 2001, the Board of Supervisors named the city as "a sanctuary" for medical marijuana. Just four years later, the city adopted some serious regulations and ordinances for dispensaries.

The new legislative efforts comes after the announcement from the U.S. Department of Justice, which said it was going to shut down what U.S. Attorneys called a profit-making industry that had little concern for patient's needs and more concern for money.

Melinda Haag, a U.S. Attorney in San Francisco says that the medical marijuana industry is nothing more than a disguise for people to make tons of money.

Dispensaries around the state have already received letters from federal prosecutors that said they were violating federal law and that they're now subject to possible prosecution and property forfeiture. Medical marijuana advocates cried foul and stated that the fed's tactic is in direct violation of state's rights.

Banks and landlords are being threatened in the process as well. Banks who own mortgages for companies are facing threatening letters and are instructed to pull the plug on funding. Landlords are being instructed to evict tenants who run medical marijuana operations. If they don't, they could face federal prosecution.

Medical marijuana was legal in the U.S. until the 1930s. California was the first state that was able to claim back its rights and passed the Compassionate Use Act of 1996. Today, there are 15 other states across the country that have regained their rights and made the product legally available to deserving patients.

Continue reading "Officials Look to Redesign Feds Outlook on Medical Marijuana in Los Angeles and Elsewhere" »

Medical marijuana in Los Angeles and elsewhere is under attack by the federal government. Advocates of the medicinal treatment in California are creating a 2012 ballot initiative that would allow the state to look over all operations. The draft of this ballot comes after a federal threat to wipe out the industry completely, according to Politics Wires.

A San Francisco news conference recently announced the ballot push. Creators of the failed 2010 Proposition 19 are constructing the ballot. This Proposition would have legalized the drug for recreational use.

Our medical marijuana attorneys in Orange County recently told you about a new wave of enforcement efforts, announced by four U.S. Attorneys, against medical marijuana in the state. The U.S. Attorney's Office for the Central District of California reported that it was going to target commercial marijuana operations. The enforcement efforts they're exerting on the industry include property forfeiture lawsuits, criminal drug trafficking enforcement and threatening letters to landlords.

Dispensary owners are urged to seek the representation of a qualified law firm to help fight for their rights and to protect their company and investments made under the protection of state law. Federal enforcement efforts have already been exercised in Orange County, Riverside County and Inland Empire. The efforts are reportedly targeting "commercial grow operations, intricate distribution systems and hundreds of marijuana stores across the state."

Steve DeAngelo, of California's largest medical marijuana dispensary, and United Food and Commercial Workers Unions are also working on a draft for a new 2012 initiative. The framework for the new ballot if still being drafted, but advocates say that they're pushing for a Colorado-style system of regulating. This system would provide for licensing regulations and state inspections on medical marijuana cultivators and providers.

A lot more funding is needed for the ballot though. Richard Lee, the Oaksterdam founder who contributed nearly $2 million to Proposition 19, says he can't afford to provide the funds for another ballot.

According to Assemblyman Tom Ammiano, D-San Francisco, local governments are scrambling to figure out how to regulate every single medical marijuana store that has opened in the state since 2009. That's hundreds of stores.

"Right now, zip is happening," Ammiano said at the recent new conference in San Francisco.

That news conference in San Francisco was called discuss the recent actions of the federal government and to illustrate the advocates' disgust with the move. Advocates protested as President Barack Obama visited the city for a political fundraiser.

Dispensaries and collective have rights to operate in accordance with state law. The federal government is still able to charge you with whatever it wants for violating the federal law. Without proper legal representation to fight in your defense for following state law, you may be in big trouble. Contact an experienced attorney to help you preserve the rights and to help you save time, money and a legal headache.

Continue reading "Advocates Push New Ballot in Light of Federal Enforcement against Medical Marijuana in California" »

The U.S. government was designed to allow each state to act as guinea pigs of democracy, according to U.S. News. Through this, states are allowed to experiment with policies that officials believe will benefit their needs. Federal law is there to protect that state's right. But apparently that right doesn't include medical marijuana in Riverside and elsewhere.

Back in 2009, the Obama Administration indicated it would restore allow states to regulate their own medical marijuana industry. That the valuable time and resources of the Justice Department would not be wasted enforcing federal marijuana laws in state's where medical marijuana is legal.

Our Riverside marijuana attorneys are thus urging dispensaries to obtain legal representation in the face of the new federal crackdown. Recent regulation efforts from the feds are targeting dispensaries throughout California and are aiming to shut down the industry. The U.S. government says that this enforcement effort will help to organize and regulate the distribution of marijuana. The problem is that it's going to do anything but. And patient access is threatened, which may only serve to fuel the criminal underground.

The medical marijuana story started back in 1978 when Robert Randal was placed under arrest for using marijuana to help to treat glaucoma. After being arrested, he sued the country and won! The ruling of this suit required the FDA to supply Robert with marijuana to help to continue to treat his condition. It was legalized in California in 1996 and since then there have been 15 states to legalize medicinal use of the drug. Now, residents are able to purchase the product from state-sanctioned operations. These operations however, are the target of federal law enforcers as purchasing, selling and growing of marijuana is still considered illegal under federal law.

Patients rely on these dispensaries because they're unable to grow their own or are unable to achieve the quality that is sold through these shops.

Marijuana not only benefits patients, but if benefits our state's economy. In 2010, state-licensed businesses contributed nearly $200 million in taxes to federal, state and local governments. They also reported more than a billion dollars in revenue.

With the economy still struggling, these shops provide much needed taxes and jobs. The federal government is looking to punish these shops for being successful and for helping the community.

Feds wants their efforts kept quite as well. The Debate Club for U.S. News reports that officials from the Department of Justice claim it's going to prosecute any radio, TV or newspaper outlets for running ads about medical marijuana. Unfortunately, these ads provide much needed income for these companies in a struggling economy. Without this income, many media-related companies will have to cut staff or completely shut down.

Most Californians support state-regulated medical marijuana operations. Marijuana advocates say that feds should have more important things to worry about.

So far, companies in Orange Country, Inland Empire and Riverside County have received threatening letters from government officials to shut down, pack up and get out.

Continue reading "Closure of Medical Marijuana Dispensaries in California Harming Whole Community" »

Patients who rely on medical marijuana in Los Angeles to help to treat illnesses and debilitating conditions may soon be forced to buy the product off the streets.

While no one wants that, it may be the only choice left to patients if the feds continue their forceful sweep on the industry. Every year, thousands of patients with various conditions turn to this treatment for help. Medical marijuana can help to treat conditions from post-traumatic stress disorder to chronic pain, cancer and AIDS.

The recent federal enforcement effort to shut down medical marijuana operations in California was announced by four U.S. attorneys in California. Agents don't appear to be letting up anytime soon either.

Our medical marijuana attorneys in Los Angeles understand that areas targeted for enforcement include Temecula, Wildomar, Rancho Santa Margarita, Laguna Hills, Pomona, Laguna Niguel, Lake Forest, Murrieta and many other areas in California. If you're a dispensary owner in the state, you're urged to seek experienced legal representation to help you in the battle.

Medical marijuana was approved for medicinal use in the state of California back in 1996. There have been 15 states who have passed laws since then. A 2010 California Supreme Court ruling even stated that residents should be able to possess in "reasonable amounts" with permission from a doctor.

Federal enforcement is a new threat, as the Huffington Post reported.

"Federal prosecutors are not trying to clean up the regulated medical cannabis industry, they are trying to destroy it," said Steve DeAngelo from the Oakland medical cannabis club Harborside Health Center.

Attorney General Eric Holder had previously directed field offices not to make enforcement of federal law a priority in the 16 states where medical marijuana has been legalized. This new enforcement effort is a sharp reversal, with feds targeting landlords with threats of property enforcement and the IRS and DEA being used to go after large dispensary operations in Southern California.

Not everyone's sure as to why the feds have decided to go on the offensive. Assemblyman Tom Ammiano (D-San Francisco) and State Senator Mark Leno (D) have requested that the Department of Justice and the Internal Revenue Service share its reasoning for the new efforts, but they've yet to receive a response.

Many find it odd that the enforcement efforts have shifted from gang-related distribution to the legally-regulated portion of the industry. Many advocates claim that this shift in enforcement is causing state's millions and millions of tax dollars in addition to thousands and thousands of jobs. Closing up our state's dispensaries is hurting patients tremendously by cutting off access to medicine.

Many find the new enforcement odd considering that support for the industry is stronger than ever, too. About 35 percent of U.S. citizens supported the industry back in 2006. More than 50 percent of residents support it in 2011.

Closing up our state's dispensaries is hurting the economy, our rights as citizens and patients by cutting off access that is a constitutional right under state law.

Continue reading "Fed Enforcement Threats Patients and Medical Marijuana Industry in California" »

It's time to fight back and fight back hard. As the federal government continues its crackdown on medical marijuana in California, the California Medical Association is campaigning for the legalization of marijuana, according to the Los Angeles Times. The California Medical Association is the state's largest doctor group and supports the use of marijuana as medicine as well as the benefits it provides to deserving patients.

The Association represents about 35,000 physicians around the state. California's law says that patients can receive medical marijuana through a doctor's recommendation, but physicians are hesitant to grant the recommendation with the federal government's recent enforcement against the treatment. Feds are using its power to triumph over the state's law. While this has been a seemingly never-ending battle, the feds are calling upon all its power to take out the industry.

Our Orange County medical marijuana attorneys understand the threats that are being forced on the industry in the state. For this reason, it is important for all medical marijuana dispensaries to seek the representation of a qualified attorney to stand by you and help to protect your rights in the state of California. In recent federal government enforcement efforts, many dispensaries have been raided even though these operations are deemed legal in the state.

"It is important to note that for-profit, commercial marijuana operations are illegal not only under federal law, but also under California law," said United States Attorney André Birotte Jr.

The California Medical Association says it recognizes that there are some health risks that can be associated with the treatment, but says the benefits outweigh those consequences.

There are many who are fighting against the call to legalize the treatment, including Robert DuPont, M.D., and a professor at Georgetown Medical School. He says that the call for legalization completely disregards the best interest of the public and its health.

But Dr. Igor Grant of the Center for Medicinal Cannabis at UC San Diego is defending the treatment, saying that there's plenty of evidence that proves it has a significant medical value. He says it's not foolproof, but says that it's efficient in treating a plethora of conditions.

As we've recently reported, the U.S. government believes that medical marijuana has virtually no place in medicinal treatments. While President Barack Obama previously supported its use, he and his administration are stopping at nothing to hold strong to its stricter reclassification and to ban the drug throughout the country.

In an effort to cut off the resources of California dispensaries, the federal government is threatening landlords with possible criminal offenses if they don't shut down these operations.

A recent survey conducted by the Public Policy Institute of California concluded that a majority of Californians support the complete legalization of the product.

The medical marijuana industry is battling against the world to protect a product that has already been deemed legal in the state.

The federal government has already started its mission to fight against dispensaries and landlords in Inland, Riverside and Orange Counties.

Continue reading "California Medical Association Supports Medical Marijuana in Riverside and Elsewhere" »

A judge's ruling in favor of ordinances regulating medical marijuana in Los Angeles is by no means a sound victory for the City of Los Angeles and its much maligned ordinance.

"It has been a long wait but well worth it," said Jane Usher, a special assistant city attorney. "It is absolutely gratifying to have the city's ordinance validated."

Our Los Angeles medical marijuana attorneys understand this is but one court ruling. Several recent rulings have been in favor of the medical marijuana industry. What is more concerning is the recent federal crackdown.

In the beginning of Obama's term in office, his administration said targeting the medical marijuana industry would not be a priority in the states where it had been legalized. Either that was a lie or the administration changed its mind because now the DEA, the IRS and federal law enforcement agents are targeting dispensaries in cities that allow these operations -- including Los Angeles. As we recently reported, feds are going after banks and dispensary bank accounts in an attempt to close them up and move them out.

Many medical marijuana advocates say the recent push from Los Angeles and the enforcement efforts of the U.S. government are threatening patient rights and access to legal medicine. Many residents throughout the state rely on this treatment to regulate debilitating conditions.

In the recent L.A. ruling, the judge ruled that the dispensaries in the city have no vested right to operate. The City Council will no doubt blend this into an overall strategy of incompetence when next it tweaks its ordiance. This would be the third version of this ordinance to regulate the local industry. The plan was that the city was going to hold a lottery to determine which 100 dispensaries would be allowed to stay open, but now officials are arguing that option would be "authorizing the distribution of a drug that is illegal under federal law."

Many shops in the area report that they're willing to work with city officials to help to solve the problem, but many are worried that the recent claim against "vested rights" will have a strong impact on the city's new ordinance.

Superior Court Judge Anthony J. Mohr handled the recent ruling, which has been called "a victory for the city attorney's office in its long fight to defend the law."

Medical marijuana dispensaries are fighting a battle against the whole country now. In addition to laws regulating their operations throughout the city, they'll now have to fight against the feds -- U.S. Attorneys recently announced the feds' efforts to shut down operations.

Some of the feds' scare tactics already include warning letters to landlords, property forfeiture lawsuits and criminal drug trafficking enforcement.

The following areas have already had a taste of federal enforcement:

-Inland Empire

-Riverside County

-Orange County

You're urged to recruit qualified legal representation to help you to prepare for the upcoming battle. Medical marijuana was legal in the United States until the 1930s. Our state was the first state to reassert its rights against federal regulations with the passage of the Compassionate Use Act of 1996. Since then, there have been 15 states that have decided to legalize the medicine.

Continue reading "Stricter Ordinances Expected for Medical Marijuana in Los Angeles" »

Banks are now being victimized in the fight against medical marijuana in Los Angeles and elsewhere. Chase bank was recently instructed by the federal government to evict Marin Alliance for Medical Marijuana, according to ABC News. The banks are being targeted because they hold the mortgages for many clinics in the area. Feds know that without these banks, they may not be able to survive. By cutting off their resources, the feds are hoping to shut down dispensaries easier and sooner. Many of these letters make threats to the banks saying that if they don't shut down these operations then they would face criminal action.

As we've recently reported on our Marijuana Lawyer Blog, the federal government is kicking its enforcement efforts into high gear in an attempt to put an end to medical marijuana throughout the country. This is news that threatens a large number of residents in California, both for workers and users. This enforcement effort includes threatening letters, lawsuits and criminal drug trafficking enforcement. The enforcement against medical marijuana is starting in California, hoping to make an example for the rest of the country.

If you are the owner of a medical marijuana dispensary in California, you're urged to contact an attorney to help you to prepare for the battle. The federal government is already playing dirty and using some serious scare tactics to force companies into submission. Medical marijuana was legalized in California in 1996. Since then 15 other states have followed in our footsteps and it's no time to give in. We need to stand together and stand strong against the federal government. Medical marijuana is a treatment that many of our residents rely on to help regulate serious diseases, illnesses and conditions. It's their right to treatment and we need to fight for the health of the state.

U.S. attorneys for Los Angeles, San Francisco, Sacramento and San Diego have already taken action against nearly 20 medical marijuana dispensaries in their federal districts. Reports indicate that the enforcement will land solely on the distributors and providers and not on the patients. However, cutting off patients' supply to their medicine will directly affect our ill residents.

"This destructive attack on medical marijuana patients is a waste of limited law enforcement resources and will cost the state millions in tax revenue and harm countless lives," said California Assemblyman Tom Ammiano.

Many marijuana advocates are calling on President Obama to stop the games. California should be able to provide medicine to deserving patients. That was how the Obama Administration used to think as they made a previous statement to respect state laws governing medical marijuana. That idea's been tossed out the window and the administration is going back on its promises.

The federal government will start its battle in California and warns that other states should pay attention.

Cities that are already feeling the effect of the federal government's enforcement:

-Rancho Santa Margarita

-Laguna Niguel

-Lake Forest

-Laguna Hills

-Dana Point

-Temecula

-Wildomar

-Murrieta

-Chino

-Montclair

-Upland

-Claremont

-Pomona

Continue reading "Feds Threatening Banks in Fight against Medical Marijuana in California" »

The Rand Corp has removed a study from its website just weeks after the published report found less crime in areas around pot clinics and an increase in crime when medical marijuana dispensaries were forced to close.

As our L.A. marijuana dispensary defense attorneys recently reported, the Rand Corp. published a study that found crime rates near dispensaries increased after dispensaries were forced to close.

The study looked at more than 600 dispensaries in Los Angeles County -- including more than 400 that had been forced to close. It found less crime in the vicinity of dispensaries and an increase in crime after store closure.

Dispensary crime in Los Angeles is a hot topic; to hear the sheriff or members of city council tell it they are in a war against a crime wave surrounding the whole medical marijuana industry. Never mind the fact that voters approved medical marijuana as a means of reducing crime and the influence of street gangs.

The Santa-Monica-based think tank said it decided to remove the study from circulation until it could conduct a thorough review; the report was slammed by Los Angeles city attorneys, who it should be noted have been wrong about medical marijuana rights in California at almost every turn.

The report compared crime 10 days before the Los Angeles medical marijuana ordinance took effect in June 2010 with the crime rate 10 days after some 400 dispensaries the city decided were illegal had been shut down.

It found a 59 percent increase in crime around the closed dispensaries. While acknowledging the study had a large margin of error, the organization said the increase in crime rate was definitive -- at between 5 percent and 114 percent.

Researchers had suggested dispensaries decreased crime because of the increase in police presence and pedestrian traffic and because of the presence of security cameras, among other factors.

The city claims data from the Los Angeles Police Department was not used, and that data was available for other crimes than those tracked.

Los Angeles City officials have been the study's harshest and apparently only critic.

"I'm unaware of anyone else who's been so pointed in their criticism," said a spokesman for Rand.

We guess if you don't like the facts, changing reality is an option in this case.

Continue reading "L.A. Medical Marijuana Dispensaries and Crime: Rand Caves to Los Angeles Bureaucracy" »

As part of a major enforcement blitz, the feds are making no promises that medical marijuana patients in Los Angeles and elsewhere will be able to get the medicine to which they are legally entitled under state law.

The raid on the Raymond Way strip mall in Wake Forest targeted 8 dispensaries and the building's owner. More than $130,000 was seized from the bank accounts of the building owner. The feds cite the more than $500,000 spent by the city trying to close the dispensaries as reason for the enforcement action. Wake Forest Medical Marijuana Attorney Damian Nassiri represents two of the dispensaries.

There's no indication yet that the feds intend to target individual patients.

"We will not likely use our limited resources toward individuals with cancer or other serious illnesses, or their individual caregivers, if they use marijuana based on a doctor's recommendation," said Melinda Haag, the U.S. Attorney for the Northern District of California.

But neither are they promising access -- And by targeting the retail end of California's medical marijuana system, they threaten to deny patient access and destroy dispensaries and collectives in the process. Dispensaries, collectives and growers need to have an experienced law firm in their corner. The CANNABIS LAW GROUP continues to believe there is strength in numbers and is representing numerous medical marijuana dispensaries in Los Angeles, Lake Forest, Riverside and throughout Southern California.

"It's outrageous," said Stephen Downing, a retired deputy chief of Los Angeles Police Department and a member of Law Enforcement Against Prohibition, a group of police officers who support medical marijuana. "It's going to send the people who need their medical marijuana to the black market ... It's going to send more money to the gangs and the drug cartels."

Officials with the Justice Department are also targeting dispensaries in Rancho Santa Margarita, Dana Point, Laguna Hills and Laguna Niguel in Orange county.

Targets in Riverside County include Murrieta, Wildomar and Temecula. Inland Empire enforcement efforts are occurring in Chino, Pomona, Montclair, Upland and Claremont.

Landlord defense will be necessary in some of these cases. Attacking the economic welfare of real estate owners is a new low in this battle against voter and patient rights being conducted by state and federal authorities. Protecting your rights to rent to the viable and legal business of your choosing can help ensure your financial well-being and the value of your real property.

Continue reading "Patient Access Could Suffer after Feds Raid Lake Forest Medical Marijuana Dispensaries" »

Our Long Beach medical marijuana defense attorneys continue to monitor the fallout from the recent court decision, which ruled the city's dispensary permitting scheme was illegal because it sanctioned activity illegal under federal law.

In light of the crackdown on medical marijuana launched by the federal government, we urge every dispensary in Southern California to meet with an experienced defense firm. This is not an alarmist message, we believe there is strength in numbers and that dispensaries have legal rights under state law. But the time has come to lawyer up and fight. We don't believe that going without legal representation is a viable option at this point.

As we reported on our Marijuana Lawyer Blog, the appeals court ruled the city could not hold a lottery and collect fees, which put it in a position of authorizing the retail sale of marijuana, which is illegal under federal law. The Los Angeles medical marijuana ordinance contains similar provisions.

Combined with the federal crackdown, the unfortunate result could be a move toward outright bans -- even by cities that had been otherwise prone to create regulations. Patient care and the medical marijuana rights of California residents could suffer. It's important to remember that this is a voter-approved constitutional issue. We do not believe bureaucracy has the right to create legal hurdles and constraints.

In light of the Pack v. Long Beach decision, the city contends it may not be able to permit collectives. Officials may also consider a regulation process that may not run afoul of the law in the same way that registering as a sex offender does not condone sex offenses.

City council and the city attorney may decide to move toward a ban. Collective operators must stand and fight.

The Contra Costa Times is reporting council will repeal its 1-year-old law and refund about $700,000 in collected fees. It will also move to ban storefront dispensaries. It will appeal the decision to seek clarification regarding the city's ability to regulate dispensaries.

Long Beach's ordinance had permitted a qualified number of collectives to participate in a lottery for a permit. The non-refundable application fee was nearly $15,000.

Continue reading "Long Beach May Consider Medical Marijuana Ban after Appeals Court Ruling" »

The CANNABIS LAW GROUP continues to fight for the rights of several Lake Forest dispensaries targeted in a federal raid earlier this month on 8 stores located in a two-story strip mall.

"These collectives had a hard time finding landlords who were willing to rent to them," said Lake Forest Medical Marijuana Attorney Damian Nassiri.

The feds targeted the complex with a forfeiture action after contending the building's prior owner had received a warning letter from the Drug Enforcement Administration. The feds also seized $136,686 from the building owner's bank account, according to the U.S. Attorney's Office for the Central District of California.

It is "a Costco, Walmart-type model that we see across California," said Andre Birotte Jr., U.S. attorney in Los Angeles, who also called it "the new California gold rush."

Problem is the feds are all over the map. Small shops, big shops and growers. The Internal Revenue Service is in on the action in some cases. And all this comes after two years in which the Obama Administration had indicated it would not make enforcement a priority in states where medical marijuana is legal. California became the first state to legalize marijuana with the Compassionate Use Act of 1996. Today, 16 states have legalized medical marijuana.

In this case they point to the city's efforts at closing the dispensaries as a primary reason for the action -- saying Lake Forest has spent more than $585,000 trying to shut down the dispensaries operating out of the building.

A recent Long Beach appeals court decision calls into question a city's rights to regulate dispensaries, hold lotteries or make other moves that would put it in a position of sanctioning retail sale of marijuana.

The Los Angeles dispensary fight has just begun. Voters legalized marijuana 15 years ago. As recently as the Great Depression, medical marijuana was a state right. All of the wrangling is a bureaucratic construct that in the end must not be allowed to interfere with the will of the voters or the rights of the patient.

Continue reading "CANNABIS LAW GROUP Fighting Federal Medical Marijuana Enforcement in Lake Forest" »

Sacramento officials are looking to toughen the stance on medical marijuana dispensaries -- calling some of them "storefront drug dealers in the wake of the Obama Administration's crackdown on medical marijuana in California, which has been legal since 1996.

Our Los Angeles medical marijuana lawyers encourage dispensaries, collectives, patients, caregivers and growers to seek experienced legal consultation. As we reported on our Marijuana Lawyer Blog, the federal crackdown targeted a North Hollywood dispensary authorities charge with wholesaling marijuana nationwide. Medical marijuana dispensary forfeiture actions were filed in Wildomar, Montclair and Lake Forest.

Damian Nassiri of the CANNABIS LAW GROUP represents two of the dispensaries inside an Orange County shopping center where authorities targeted eight medical marijuana dispensaries. "These collectives had a hard time finding landlords who were willing to rent to them," Nassiri said

Federal authorities are also targeting marijuana dispensaries in Orange County, Riverside County and Inland Empire.

CBS News reports the feds are looking to raid retail establishments -- particularly larger operations.

It is "a Costco, Walmart-type model that we see across California," said Andre Birotte Jr., U.S. attorney in Los Angeles, who also called it "the new California gold rush."

The increased enforcement, which includes action by the Internal Revenue Service and pressure on the banking operations of dispensaries, comes after two years in which the Obama Administration had indicated it would not make enforcement a priority in states where medical marijuana is legal. California became the first state to legalize marijuana with the Compassionate Use Act of 1996. Today, 16 states have legalized medical marijuana.

Attack on larger operations could hurt patient ability to obtain medical marijuana, which is their right under state law.

"We're not going anywhere. We're mothers, we're patients, we're family members of patients," said Melissa Milam, of the National Cannabis Industry Association. "We want to pay taxes, we want to be able to make deposits at our bank, we want to be a business."

The California Board of Equalization has estimated medical marijuana could generate more than $100 million in tax revenue on sales of more than $1 billion in sales. However, recent court actions continue to call into question the rights of cities to regulate the industry.

Continue reading "Los Angeles Medical Marijuana Attorneys at CANNABIS LAW GROUP Defendnt Dispensaries in Face of Federal Enforcement " »

The federal crackdown that began Saturday has already targeted NoHo Caregivers in North Hollywood, according to the announcement by the U.S. Attorney's Office for the Central District of California.

The feds contend NoHo Caregivers sold marijuana to other stores and sent marijuana to affiliates in New York and Pennsylvania. The indictment alleges the store distributed as much as 700 pounds of marijuana per month. Investigators reportedly intercepted encrypted BlackBerry email messages that discussed monthly profits of $194,000.

Six defendants were arrested in Santa Clarita, Los Angeles, Grass Valley, Huntington Beach and in Pennsylvania. Defendants included an alleged bookkeeper and a grower. The feds accuse the defendants of drug trafficking and money laundering. The indictment seeks the forfeiture of nearly $15 million.

A raid on the store's former location, which is now operating as the Green Camel Collective, reportedly turned up 23 pounds of marijuana and about one pound of hashish.

"NoHo Caregivers was illegally operating an enormously profitable marijuana store," said Special Agent in Charge Leslie P. DeMarco of IRS-Criminal Investigation's Los Angeles Field Office. "IRS-CI specializes in following the money in illegal drug operations, enabling increased criminal prosecutions and the forfeiture of assets. IRS-CI will continue to work with our law enforcement partners to restore the respect for federal laws that has not been exhibited in the medical marijuana industry during the past several years."

The Obama Administration had previously announced that the feds would not make a priority of enforcing federal marijuana laws in states where medical marijuana had been legalized.

Prosecutors also filed three forfeiture actions against property owners where marijuana stores operated:

-The Wildomar Patients Compassionate Group in Wildomar.

-Montclair Caregivers in an unincorporated part of Montclair.

-Eight stores located in a two-story strip mall at 26402 Raymond Way in Lake Forest

The government is also sending letters to marijuana stores in the following areas, notifying them they are operating in violation of federal law.

Orange County - the cities of Lake Forest, Dana Point, Laguna Hills, Laguna Niguel, and Rancho Santa Margarita;

Riverside County - the cities of Murrieta, Wildomar, and Temecula; and

Inland Empire - the cities of Pomona, Claremont, Upland, Montclair, and Chino.

The letters tell store owners and landlords they "may result in criminal prosecution, imprisonment, fines, and forfeiture of assets, including the real property on which the dispensary is operating and any money you receive (or have received) from the dispensary operator."

Continue reading "Fed Medical Marijuana Crackdown Targets Dispensaries in Orange County, Riverside County, Inland Empire" »

Four U.S. Attorneys announced Friday the feds are cracking down on medical marijuana in California -- a move that has made national news.

The U.S. Attorneys Office for the Central District of California announced the enforcement actions are being directed at commercial marijuana operations and include criminal drug trafficking enforcement, property forfeiture lawsuits and warning letters to landlords.

Our Orange County dispensary defense lawyers encourage you to get qualified legal help and prepare to stand and fight. Bullying and scare tactics from the feds are just that. As we reported recently on our Marijuana Lawyer Blog, medical marijuana was legal in the United States until a power play by the feds in the 1930s. California was the first state to reassert its rights with the passage of the Compassionate Use Act of 1996. Since then, 15 other states have legalized marijuana for medical purposes.

California's four U.S. Attorneys announced the crackdown in a joint release on Friday. Already, raids of eight Orange County marijuana stores have been conducted. The feds announced the operate targeted "commercial grow operations, intricate distribution systems and hundreds of marijuana stores across the state."

Mmm. Yeah. That's because medical marijuana is LEGAL in California guys. The feds are conducting the crackdown under the authority of the federal Controlled Substances Act, which prohibits the sale and distribution of marijuana.

"It is important to note that for-profit, commercial marijuana operations are illegal not only under federal law, but also under California law," said United States Attorney André Birotte Jr. "While California law permits collective cultivation of marijuana in limited circumstances, it does not allow commercial distribution through the store-front model we see across California."

Initial enforcement actions include:

-A criminal indictment that charges six people with marijuana trafficking. The feds allege they generated $15 million in profits in 8 months.

-The filing of civil forfeiture lawsuits against three properties and a related seizure of more than $135,000 from the bank account of one property owner.

-Warning letters sent to the operators and landlords of 38 marijuana stores.

It's time to stand and fight. Medical marijuana dispensaries need to understand that operating without a law firm on retainer is a poor choice. There are many moves an experienced dispensary defense lawyer can make on your behalf. Protecting bank accounts and non-profit status is just one issue that should be addressed.

Medical marijuana collectives have rights under state law. The government can charge you with whatever it wants. All that matters is what you are convicted of in a court of law. Having experienced legal help on the front end can often save you time and money in the long run and may even prevent charges or government harassment.

Continue reading "Feds Push Medical Marijuana Charges in Orange County Crackdown " »

The feds have landed.

The Los Angeles Times is reporting that federal prosecutors are moving to shut down medical marijuana dispensaries throughout the state. The feds have sent letters to landlords, warning them to stop drug sales on their properties within 45 days or risk property sale and seizures.

Our Los Angeles medical marijuana defense lawyers are closely following this issue. As we reported recently on our Marijuana Lawyer Blog, the conflict between state and federal law continues to surface in medical marijuana court decisions across Southern California.

The specter of federal marijuana dispensary charges in Los Angeles is real. Despite initial indication from the Obama Administration that the feds were not looking to enforce laws contrary to medical marijuana patient rights, the federal government has steadily moved toward stricter enforcement. We reported earlier this year that the Internal Revenue Service was getting involved in going after medical marijuana dispensaries in Southern California.

This latest move is seen by many as a major escalation in federal enforcement after the previous announcement led to a boom in marijuana-related businesses.

"It's basically the federal bureaucracy doing what it has done for the last 15 years and just continuing to put its head in the sand and saying no on this," said Dale Gieringer, the director of California NORML.

The four U.S. attorneys have scheduled a press conference Friday morning in Sacramento, where they plan to outline the enforcement plans. Earlier this year, an internal memo suggested the feds would primarily target large-scale growers and dispensaries -- those handling more than 200 kilos or 1,000 plants per year.

The landlord for the oldest dispensary in the state -- Marin Alliance for Medical Marijuana in Fairfax-- is among those who have received a letter. That letter mentioned the prohibition against dispensaries within 1,000 feet of a park or other sensitive areas.

"There's always been a different policy depending on where you are," said Gieringer. "They're going to try to clean up San Diego and just cause some random damage up here."

While running for president, Obama said the government should not raid users and caregivers. It became the administration's official policy three months after he was elected. Since then, the feds have consistently backpedaled from that stance.

The U.S. Attorney in the Bay Area opposed moves by Oakland and Berkeley to permit large-scale cultivation. These latest letters are just one more indication that the government is saying one thing and doing another when it comes to medical marijuana.

Continue reading "Feds Threatening Crackdown on Medical Marijuana Dispensaries, Landlords in Los Angeles" »

An Appeals Court decision found the Long Beach medical marijuana ordinance violates federal law -- a ruling which could force Los Angeles officials to again re-write the city's ordinance.

Our Long Beach marijuana defense lawyers continue to press these court cases across Southern California. As we reported recently on our Medical Marijuana Lawyer Blog, a case in Anaheim does not appear to be leaning in favor of the rights of dispensaries and their patients. But make no mistake about it: Dispensaries are winning battles. In some cases, the court is recognizing only the rights of those who fight instead of folding up shop. We believe the rights of dispensaries, collectives, growers and patients will be upheld in the end. But the need to fight ordinances at the local level has become paramount.

The Los Angeles Times reports that the court ruling takes the city to task for holding a lottery and charging fees -- which put it in a position of authorizing the distribution of marijuana in violation of federal law. Medical marijuana use has been legal in California since 1996. However, marijuana remains illegal under the federal Controlled Substances Act.

Los Angeles continues to tweak and change its ordinance -- court loss after court loss. However, the city acted in a similar fashion -- charging fees to hopeful dispensary operators for registration. A lottery clause is also part of the Los Angeles ordinance.

Other cities -- including Oakland and San Francisco -- have ordinances that require permits -- a system that essentially puts a city in charge of sanctioning dispensary operation. Many cities also have used the process as an excuse to charge high fees.

The fees are unfair. No doubt. But they are unlikely to come close to covering the legal fees of cities and counties that continue to trample the rights of medical marijuana patients and collectives by enacting such ordinances. The Compassionate Use Act of 1996 permits medical marijuana under state law. Unfortunately, local government politicians continue to spend millions throwing up roadblocks and attempting to thwart the will of the voters.

This decision, by the Second District Court of Appeal in Los Angeles calls into question the legality of such systems. Unfortunately, it also brings up the specter of violation of federal law -- which continues to be the elephant in many courtrooms where medical marijuana rights are being discussed.

And the decision did not prohibit cities from placing limitations upon dispensaries, such as where they may be located. But a Los Angeles city attorney did indicate the ruling would prohibit the city from holding a lottery for dispensary owners.

"Anything that a city tries to do that advances or authorizes a collective is federally preempted," said special assistant city attorney Jane Usher, who also attempted to make a minor distinction between Long Beach's permit process and Los Angeles' registration process.

Meanwhile, Long Beach must either appeal to the California Supreme Court or redraft its ordinance.

Others are concerned the decision could lead to more bans. Cities that are not permitted to permit and regulate, may just choose to ban.

Continue reading "Long Beach Medical Marijuana Victory a Hazy Win for Dispensaries " »

A recently released study concluded that as medical marijuana dispensaries in Los Angeles close, crime rates climb, according to CBS NEWS.

This study challenges a number of claims that have been made by local and state law enforcement agencies that these storefronts raise crime rates.

The report that was conducted by RAND Corp., examined crime reports from the 10 days leading up to the shutdown of clinics and 10 days after their closure when the city passed a strict new ordinance. All of this data concluded that crime rates increased roughly 60 percent with a three block radius of a dispensary that was closed in comparison to an area with a dispensary that remained open.

Our Orange County medical marijuana lawyers understand that collectives and dispensaries provide a vital service to residents throughout the state. Law enforcement agencies continue to place rules, regulations and bans in an attempt to keep some false sense of empowerment. The truth is that the medical marijuana industry is thriving and many residents rely on the service of these companies to treat serious medical conditions.

"If medical marijuana dispensaries are causing crime, then there should be a drop in crime when they close," said Mireille Jacobson, who is a RAND senior economist and was the lead author of the study.

Jacobson also says that individual dispensaries may have the ability to attract crime in a neighborhood as any individual business can, but there has been no evidence that proves medical marijuana dispensaries cause neighborhood crime to rise.

According to Los Angeles City Council, crime in areas with these dispensaries is a huge concern. As a matter of fact, the theory that dispensaries bring crime was the main contributor that caused council members to raise restrictions and eventually close these businesses down. Local law enforcement officials claimed that these companies influence crime because the dispensaries deal with a lot of cash at a time and that thieves are attracted to the buildings because marijuana can be stolen and resold.

In June of 2010, there were two dispensary employees who were killed during two separate robberies in the city.

According to Lee Baca, Los Angeles County Sheriff, almost every single dispensary in the city operated as a criminal enterprise last September. This was a claim that didn't sit well with those who support medical marijuana. These supporters say that this claim was just another scare tactic used by enforcement officers to sway public views.

James Shaw, a member of the Union of Medical Marijuana Patients, says that local officers have simply created this theory that there is more crime in areas with dispensaries and collectives.

Throughout the recent study, crime reports from more than 600 dispensaries in Los Angeles County were examined. Of these 600 reports, more than 400 dispensaries had been forced to close and only 170 were permitted to stay open. The study concluded that there was less crime in areas closer to these clinics. Within just 6 blocks of a dispensary that had been closed, the crime rate rose by nearly 25 percent.

Researchers believe that the crime rate increased once these stores closed because of the security cameras. Once these shops were gone, so were there cameras and so were the patrolling officers.

The City's attorney's office doesn't agree with this study, saying it's all wrong!

The office released a statement that said that the conclusions of this study were based on false assumptions, untested data, incomplete results and irrelevant data.

Continue reading "Study Concludes that Closing Medical Marijuana Dispensaries in Los Angeles Increases Crime Rates" »