Cannabis Law Group's Medical Marijuana Legal Blog

As the federal crackdown against medical marijuana in Los Angeles and elsewhere continues, many within the billion-dollar industry await a hopeful sign. Marijuana was approved by voters in California back in 1996 under Proposition 215 and the federal government has no right to come in and push around the state-authorized industry.

California's not the only state that has legalized the drug. The District of Columbia and 15 other states are also in legal limbo as their drug laws meet with federal contradictions. The new crackdown is going against what was said in 2009 by the Justice Department, "Those providing medicinal marijuana to deserving patients use will not be punished as long as they do so in accordance with state law," according to The New York Times.

Our Orange County medical marijuana attorneys understand that federal prosecutors have been recently on the hunt for growers and dispensaries throughout the state. The Internal Revenue Service is stepping in too, threatening tax charges against California's biggest dispensaries. Feds are stopping at nothing, threatening all associated parties, in an attempt to shut the industry down completely -- a legal industry in the state.

Kamala D. Harris, the attorney general of California describes the state's regulation attempts on the industry as "vague and chaotic." That's not positive reinforcement for the industry though. She is currently working alongside legislators to create a way for more consistent and strict control.

The recent federal crackdown on the industry could potentially leave nearly 1,000,000 patients with doctor prescriptions for the medicinal treatment without any help or treatment and suffering from their conditions.

Collectives of all sizes have the potential to contribute hundreds of millions of dollars to the state via tax revenue. These companies have also become members of better business bureaus and local chambers of commerce. Some have even come as far as purchasing "adopt-a-highway" signs. And now, of all times, the feds are trying to force the industry out.

Thomas D. Allman, the Mendocino County sheriff has handed out nearly 100 plant tags and permits to collectives across his county. Although these companies are following local law, they're worried the feds will break in and shut them down.

What confuses most is why feds aren't going after street dealers or criminals who distribute dangers amounts and version of the drug. Many wonder why the crackdown is targeting legitimate, law-abiding companies. Many advocates of medical marijuana accuse President Obama of going back on his promise to allow companies to operate within state law.

Feds say there's not been a change in their guidelines, but in the proliferation of commercial companies working as profit-seeking dispensaries. Others say that it has become too easy to obtain a medical marijuana card and the industry is not long legitimate.

Regardless of why the federal government is targeting California's medical marijuana industry, the truth remains that the practice is legal in the state and has been since 1996.

State Senator Mark Leno, a Democrat from San Francisco, says that there's no need for what he calls the federal authorities' "heavy-handed interventions." California is a state that is capable of running its own industry and should be left to do so.

Continue reading "Fight Continues: Medical Marijuana in California against Federal Government" »

A West Hollywood medical marijuana dispensary was recently robbed at gunpoint. The Los Angeles County Sheriff's Department was able to locate and arrest three men in a nearby city who they believe robbed this shop, according to KTLA.

According to police reports, three men went to the Farmacy Medical Marijuana Dispensary, located on Santa Monica Boulevard, around 8:00 p.m. The men reportedly closed the front door behind as they entered the shop. One of the men used a gun to hold up six of the store's employees while the two other men tied their hands up. After tying the employees up and forcing them to the ground, the manager was marched to the back of the store where the manager was ordered to open the safe. The robbers took the dispensary's cash in addition to employees' belongings and other store property.

Our Los Angeles medical marijuana attorneys understand that the Los Angeles Sheriff's Department and other local law enforcement agencies oftentimes blame dispensaries for being robbery victims. The funny thing is that victims aren't blamed in many other crimes. You don't see law enforcement officers pointing the finger at convenience store clerks for store robberies, and medical marijuana robberies should be no different. These employees deserve the same protection and should have the same thorough investigations as any other company in the event of a crime. The industry is legal under California state law and these shops should be treated equally and fairly.

The three robbers allegedly stole medical marijuana, money and the employees' cell phones. The three men left the shop and fled the scene after obtaining the property. No injuries were reported.

After a short investigation, the Los Angeles County Sheriff's deputies determined that the three men were on their way to the Lancaster area. Sheriff's at the station in Lancaster later found the men at a home in the city. Information regarding the location of that home has not been released.

The three men have been arrested on suspicion of kidnapping and robbery. One of the men is being held without bail as he was also arrested for violating parole. The other two are being held on $100,000 bail.

After obtaining a search warrant for that Lancaster home, officers located some of the employees' property inside that house. The weapons used in the robbery were also reportedly discovered on location.

Medical marijuana shops are oftentimes blamed for attracting bad business and crime. This isn't true. Recent studies have proven that the locations of pot shops do not alter the amount of crime in an area. These shops deserve to be protected and treated as any other business in the city. Medical marijuana was legalized by voters back in 1996 under Proposition 215 and shops have every right to operate in the state, meaning the same business practices and protection should be offered just as any other company would receive.

Continue reading "West Hollywood Medical Marijuana Dispensary Robbed at Gunpoint" »

A California man has been fighting cancer for the last two years and is in need of a new liver. He's been on the Cedars-Sinai Medical Center's transplant list for about a year and was recently removed because he didn't show up for a drug test. He's a user of medical marijuana in California. Because of this particular medicinal treatment, his name has been removed from the transplant list.

Doctors said that if he wants to get his name back in the list, then he has to stop using the drug for at least six months and has to undergo counseling. In the meantime, he's still undergoing radiation and chemotherapy for the cancer. The cancer returned after being in remission, according to the Los Angeles Times. He asked the hospital to reconsider adding his name back to the list.

Our Los Angeles medical marijuana attorneys understand that medical marijuana users endure frustrating stereotypes and discrimination for turning to this medicinal treatment to treat a plethora of conditions, but this is by far one of the worst repercussions. These patients turn to this treatment because others have been proven ineffective to treat their specific condition. These patients have the same rights as any other and should not be discriminated against over their doctor-prescribed treatment.

"It's frustrating," said Norman Smith, the cancer patient. "I have inoperable cancer. If I don't get a transplant, the candle's lit and it's a short fuse."

A lawsuit against the Cedars-Sinai Medical Center is pending.

Currently, there is no policy in writing regarding medical marijuana users and transplants. According to the United Network for Organ Sharing. Centers that administer transplants make their own decisions on which patients are the best candidates for receiving organs.

Currently, there are nearly 20,000 people who are signed up and waiting for a new liver. The typical wait for this organ is just about a year.

Dr. Goran Klintmalm with the Baylor Regional Transplant Institute says that doctors are required to prioritize which patients need the transplants first. He goes on to ask if it's right to offer a transplant to a patient who has a history of medical marijuana use. He says that you can argue all day if it was social or medical use, but the bottom line is that it was use of some sort.

Doctors say they're concerned with the post-treatment medications and their side effects combined with medical marijuana use.

Dr. Jeffrey Crippin, who was the former president of the American Society of Transplantation, says that if patients are stoned, high or drunk that they may forget to take their medicine. Medical professionals try to claim that they're not passing judgment on those who are users of medical marijuana, but say they're looking out for the safety and health of the patients.

Smith says he's going to continue on in this fight against the system and fight to be put back on the list for a new liver, if not for him then for the next guy. All patients deserve the same treatment, regardless of if they've turned to medical marijuana or not.

Continue reading "Transplant Patient Kicked off Waiting List for Using Medical Marijuana in California" »

A recently introduced plan could result in a ban on all medical marijuana dispensaries in Los Angeles. The ban was introduced by Councilman Jose Huizar. He says that the state appellate court ruling that was made last month involving the city of Long Beach said the government could not enforce its regulations and would therefore make the regulations in L.A. unenforceable, according to The Sacramento Bee.

Our Los Angeles medical marijuana attorneys understand that local government is looking to ban all dispensaries in the city. The city previously debated allowing a specific number of dispensaries to run under specific regulations, but has since decided that these regulated shops could in fact violate federal law. One conclusion drawn by officials from this is to ban shops altogether. The recent proposed ban has been sent to two committees and could potentially reach the full council in a less than two months.

Marijuana advocates and shop owners have promised to fight any such ban, saying that the closure of shops would force patients across the state to purchase marijuana from criminals.

Los Angeles and cities across the state have been trying to handle the proliferation of medical marijuana dispensaries since the 1996 state ballot initiated that legalized medical marijuana.

At one time, the city had roughly 800 medical marijuana clinics, but is currently seeing about 300 open for business.

Opponents of these shops claim that they attract crime and bring down the value of surrounding properties. Some cities try to regulate the industry while others completely ban it. The City of Los Angeles previously approved the industry by creating a lottery that would limit the city to 100 dispensaries. In all cases, medical marijuana attorneys do not believe local governments have the right to impose arbitrary regulations upon the industry in violation of state law.

The lottery regulations have yet to take effect because more than 50 lawsuits have been filed to challenge the regulations.

California's Second District Court of Appeal shot down the efforts of Long Beach back in October after it attempted to register marijuana shops. In this particular case, Long Beach's ordinance was pre-empted by federal law that classifies marijuana, medical or not, as an illegal drug.

This appellate rules makes Los Angeles' regulating rules unenforceable, in the opinion of some.

According to Don Duncan, the director of Americans for Safe Access, fair and strict regulations can help to reduce the number of complaints and alleged spikes in crime. He says that an all-out ban would only mean that government is turning a cold shoulder to legal patients who rely on the medicine to survive.

Still, California state law still allows caregivers and patients to grow their own medical marijuana.

State regulations must remember that this is an important industry that provides much-needed treatment to deserving patients and serves as a multimillion-dollar industry which could soon be put out of business in the city if advocates don't fight back.

Continue reading "Councilman Proposes Full Ban on Medical Marijuana in Los Angeles" »

According to GOP presidential hopeful Herman Cain, the medical marijuana industry should be regulated by each individual state, reports the SF Gate. Medical marijuana in Los Angeles abides by its own governing laws, which differ from many other city and county regulations statewide. The difference in these local laws and the conflicting federal laws is putting many dispensaries in legal limbo.

"If states want to legalize medical marijuana, I think that's a state's right," said Cain.

Our medical marijuana attorneys in Orange County understand how beneficial government support is for the pot industry. Right now, Texas Rep. Ron Paul, former New Mexico Gov. Gary Johnson and Cain are among some of the most popular political supporters of the industry. Right now, 16 states and Washington, D.C., have legalized medical marijuana. According to a recent Pew Research study, more than 60 percent of Republicans support medical marijuana legalization. This is up from less than 40 percent in 2006. A Washington Post/ABC News survey concluded that more than 80 percent of residents support medical marijuana. With all this support, the federal government is still pushing on with its nationwide crackdown.

While all of this support may raise the spirits of advocates across the country, many have reverted back to the fact that former President George Bush and Obama once claimed the same perspectives, yet converted their beliefs against the industry and tried to send it packing.

Many political experts believe that Cain may gain the support of medical marijuana advocates around the country after the Justice Department's crackdown on marijuana dispensaries.

Cain has made some questionable claims including a proposal to electrify the border fence and taxing the working/middle class at a much greater rate, but he appears to be sympathetic with the marijuana nation.

Cain's opinion on the marijuana industry was voiced most recently at his campaign stop in Iowa, according to HuffPost.

Republican presidential candidate Gary Johnson already came forward and expressed his support for the legalization of marijuana. He says it's only a matter of time before it's legal everywhere.

"The fact that mainstream presidential candidates...are saying that their administrations would respect states' rights to implement medical marijuana laws shows just how far this debate has come," said Tom Angell of the Law Enforcement Against Prohibition.

While these candidates may only be seizing the opportunity to feed off of advocates' frustration with Obama's empty promises, it's important for voters to see past the political jargon and to choose a presidential candidate who can maintain a hands-off approach toward marijuana shops that abide by state law.

As shops and advocates continue to sue the federal government, claiming the Department of Justice overstepped its constitutional authority, shop owners, patients and doctors are urged to seek legal representation to ensure that your rights are preserved in this battle.

Continue reading "Presidential Candidate Offers Support for Medical Marijuana in Los Angeles and Elsewhere" »

Medical marijuana dispensaries in Garden Grove were banned roughly three years ago, but the ban didn't go as planned. With a number of lawsuits that began stacking up, officials worried that the city would not have the necessary funds available to pay any costs associated with the laws, including attorneys' fees. One marijuana case paid out roughly $200,000 to the attorneys. Since the flood of these lawsuits, the city stopped pushing its ban. Beginning this past summer, the city required medical marijuana dispensaries to register with the city. Now there are roughly 60 shops in the city. City Manager Matt Fertal says that he thinks the city has more shops per capita than any other city in the state.

"Everybody is just so frustrated with this," Fertal said.

Our Los Angeles medical marijuana attorneys understand the problems shop owners face when dealing with the government regulations on the medical marijuana industry. State law doesn't specify how cities and counties should regulate the industry and federal government says it's still illegal, not matter what. Fertal recognizes that many dispensaries won't hesitate to sue cities for trying to regulate them. Garden Grove continues to search for a comprehensive regulating system to please everyone.

As the industry continues to grow, smaller cities are finding regulation to be too costly. Many smaller cities aren't fortunate enough to have in-house legal departments and have to pay attorneys by the hour.

While there are no distinct numbers illustrating how many local governments have been involved in costly litigation over marijuana, many estimate that there have been at least 40. Some believe this number is much higher.

Many cities are undergoing serious budget crunches and simply don't have the resources to battle these wealthy dispensaries. Medical marijuana activists have joined the fight, too, saying these needless regulations are harming deserving patients who rely on the treatment.

Officials who suppress the industry are going to become victims of litigation, it's inevitable. There are activists in nearly every community throughout the state who are ready to fight back. These activists say they have the state on their side. Recent polls illustrate that a majority of Californians support medical marijuana.

Medical marijuana was approved for medicinal purposes in California back in 1996. This was passed in Proposition 215. Later in 2009, California's legislature passed the Medical Marijuana Program Act (Senate Bill 420). The legality of the industry remains in the gray area though with so many different regulations across the state. In the beginning of President Barack Obama's term, he promised to halt the crackdown on medical marijuana that followed state laws. That promise was short-lived.

"People should be entitled to know what the law is, and the law is not clear enough for people to know what it is," said Joe Elford, of Americans for Safe Access.

Continue reading "Local Governments Lose Funding in Fights against Medical Marijuana in Garden Grove and Elsewhere" »

A recent move by the state appellate court upheld the citywide ban on medical marijuana dispensaries in Riverside, according to The Press-Enterprise. The court believed that there was nothing listed in Legislature's Medical Marijuana Program or in California's Compassionate Use Act, or Proposition 215, which was passed back in 1996, specifically stated that government wasn't able to ban these facilities.

The fight continues. Those in power don't like it when voters take the law into their own hands. Medical marijuana rights were conferred by a vote of the people. Our marijuana dispensary advocates do not believe bureaucrats have any right to infringe upon those rights. But that doesn't mean it's not going to be a fight.

"The CUA and the MMP do not provide individuals with inalienable rights to establish, operate or use (medical marijuana dispensaries)." said Associate Justice Carol Codrington. He adds that state statutes don't stop local governments from setting regulation of medical marijuana dispensaries through their own zoning ordinances.

Our Orange County medical marijuana lawyers understand that there are other dispensaries in the area, 15 to be exact, which will be receiving notices from the city asking them to voluntarily shut their doors. If these dispensaries don't close up shop, city officials say that it will issue court orders to have them closed down.

A City Attorney for Riverside, Greg Priamos, says that the City Council and the city both have the right to determine what appropriate uses for land may be. Thus, he believes that the city has the right to shut down any business it desires.

This opinion has already been published; the Fourth District covers the appellate jurisdiction of San Bernardino, Inyo and Riverside Counties.

The case had already been heard in front of a three judges earlier this month.

These three judges were the deciding factor in this continuance of this complete ban and of the San Bernardino County's total ban.

G3 Holistic Inc., the Wellness Center Inc. for Riverside and Inland Empire Patient's Health were the defendants in the case. In Upland, these companies and other medical marijuana advocates can create a petition and submit it to the state Supreme Court to get it to review their decisions.

Lanny Swerdlow, who is the founder of the Riverside medical marijuana dispensary in question in the case, says he's planning on appealing this decision. He says they he will be keeping the collective open until the courts require him to shut down. He adds that he is extremely disappointed that the city and the court do not recolonize the needs of his patients and their rights to form collectives.

Many believe that these recent decisions regarding local dispensaries are partially a fault of the federal government. In recent news, the federal government has announced that it will be conducting a nationwide crackdown on the medical marijuana industry. Many parties within the industry are fighting back and are filing suits against the crackdown in an attempt to protect both their company's rights and the rights of patients.

Continue reading "Medical Marijuana Dispensary Ban Upheld in Riverside; the Fight Continues" »

A number of advocates for medical marijuana in Los Angeles and elsewhere are fighting back against the federal government's crackdown on the industry.

According to ABC10, there are a number of these advocates, shops, dispensaries and patients who have filed numerous lawsuits in an attempt to block the fed's crackdown on pot growers and dispensaries in California.

There have been lawsuits reportedly filed in Los Angeles, San Francisco, Sacramento and San Diego. These lawsuits are the result of the October 7th announcement from four U.S. Attorneys that stated that enforcement actions were going to be exercised by the federal government in California against these operations. And they weren't lying. A number of companies have been ransacked, landlords are being threatened and patients are losing out on much-needed drugs.

Our Orange County medical marijuana attorneys understand that this industry is a thriving part of the state's economy. Medical marijuana is in fact legal in the state and the federal government is choosing to come in and override our state laws. Companies, patients, growers and dispensaries are urged to recruit legal representation during this battle to help ensure that rights are preserved. The federal government is attacking everyone who is involved in the industry and they're coming on strong to put an end to it. Many individuals have event been threatening with criminal charges.

The El Camino Wellness Center filed a lawsuit in the United States District Court for the Eastern District of California in Sacramento. The landlord of the property that the center operates from received a threatening letter last month from Ben Wagner, a U.S. Attorney. Landlords around the state have been threatened for allowing these companies to operate on these premises. They've been instructed to evict these parties or they could potentially face criminal prosecution among other consequences.

The building's owner, Kim Creedon, received the letter dated October 6th that warned her that her property could be seized if she were to allow the company to engage in further marijuana sales.

According to that U.S. Attorney, the wellness center was distributing and/or cultivating medical marijuana and that its operations were violating federal law. Marijuana, medicinal or not, is still considered illegal by the federal government.

The wellness center is fighting back and saying that the recent crackdown from the feds is violating one of its earlier agreements that stated that they would not use its own resources to stop, to prosecute or to crackdown on medical marijuana patients and others who are in compliance with state law.

The lawsuit also says that the fed's crackdown also violated the Constitution's commerce clause as well as the 9th, 10th and 14th amendments.

The El Camino Wellness Center is also seeking a temporary restraining order.

Defendants in the case include Wagner, DEA Administrator Michelle Leonhart and U.S. Attorney General Eric Holder.

Continue reading "El Camino Wellness Center Files Lawsuit against Feds, Fighting for Medical Marijuana in California" »

A number of members from California's congressional delegation are sending their concerns about the recent federal enforcements against our medical marijuana dispensaries in Los Angeles and elsewhere to President Obama. According to Mercury News, a bipartisan letter was sent from nine U.S. House of Representatives addressing what they call an unconscionable and unreasonable crackdown on a number of dispensaries around the country.

In addition to addressing the violent and unreasonable crackdowns, the Representatives also requested that officials reclassify the drug to be considered a controlled substance to be monitored by fewer federal restrictions.

Our Orange County medical marijuana attorneys understand that patients should have the right to have safe access to this drug treatment and the relief that it provides. More and more doctors are recommending medical marijuana to their patients every day. California law allows patients to do just that and now they're fighting off the federal government for a much-needed treatment. These Representatives find it absurd that the feds are targeting legitimate companies instead of those who are selling the product illegally on the street.

Just as U.S. Attorney General Eric Holder stepped into office, President Obama and his administration announced that it would be easing off of the federal enforcement efforts against the industry. The administration said that it would no longer be targeting users.

That promise was short lived, however. Throughout October, a number of U.S. attorneys in the state have taken a position against local dispensaries. They've conducted raids and sent out some pretty mean letters to dispensaries and landlords. In late October, the advocacy group Americans for Safe Access filed a lawsuit against the federal government, saying that it was commandeering state laws.

Under federal law, medical marijuana operations continue to be illegal.

A letter stating these pro-marijuana viewpoints was recently signed, sealed and delivered by seven California House members, Democrat Jared Polis of Colorado and Democrat Steve Cohen of Tennessee.

The letter included these points:

-State officials are concerned with the enforcement against dispensaries that are operating under local laws.

-U.S. Attorneys should not be focusing on federal resources within their designated state.

-Aiming to prohibit such medicinal treatment would not be fair to those who are battling serious illnesses and diseases.

-Threatening letters sent to the landlords who have rented space to dispensaries violates the state's 15-year-old law which allows safe access to these medications.

-The state has seen far too many aggressive raids and threats of criminal prosecution from federal enforcement officers against state and local officials.

-Local governments should be able to create, enact and enforce their own laws to govern this industry. These laws should be made in the best interest of the community.

-This medicinal treatment continues to be recommended by doctors and physicians throughout the state as a legitimate and effective treatment.

-Brutal federal enforcement the locally governed industry is forcing patients to seek the medicine from the unsafe, unregulated illicit market.

-The drug should be reclassified as a Schedule II or a Schedule III and should be considered an effective treatment for various illnesses and diseases.

Continue reading "Lawmakers Write Letter to President Obama about Enforcement Of Medical Marijuana in Los Angeles, Nation" »

Advocates recently gathered in front of the U.S. courthouse in Sacramento in protest of the federal crackdown on the medical marijuana industry in Los Angeles and elsewhere. These medical marijuana advocates believe that this crackdown is a direct assault on "responsible corporate citizens" who contribute their earnings to state tax coffers, according to The Sacramento Bee.

State Board of Equalization member Betty Yee also joined in the efforts. The state's tax agency member also blasted an outrageous tax from the Internal Revenue Service (IRS) on Oakland's Harborside Health Center, the state's largest medical marijuana dispensary. The IRS hit the company with a tax of more than $2 million. Yee also condemned the IRS for using federal anti-drug trafficking statues to deny Harborside Health Center and other dispensaries business deductions.

Our San Bernardino medical marijuana lawyers understand that dispensaries in the area operate just like any other business. They have rules, regulations, policies and other issues. But the law requires that they operate as a non-profit. These companies are required to share the costs within closed groups of registered medical marijuana patients. If these companies are shut down and sent packing, the state will lose out on millions of much-needed tax dollars. The medical marijuana industry is a thriving industry that has the ability to contribute back to our economy when properly nursed. Officials are urged to embrace these companies and work alongside them to better the state, to better deserving patients and to provided much needed jobs to California residents.

"Dispensaries are following regulations paying their taxes," said Yee.

Yee's State Board of Equalization is expected to receive around $100 million is sales tax from medical marijuana companies.

The four U.S. attorneys in California aren't on board though. They say that the state's dispensaries are making one heck of a profit, which is violation of the country's medical marijuana laws. These federal officials have pushed to close the shops, sending out threatening letters to property owners where these shops rent. These letters have threatened property seizure and/or criminal prosecution if the companies are not asked to leave.

"The crackdown is counter-productive. It's irrational and it's going to drive this business underground," said Yee.

Yee's Board serves more than 20 counties from Del Norte to Santa Barbara. She says that the IRS needs to focus more attention on "the real tax scofflaws" and leave these tax paying companies alone.

According to Benjamin Wagner, a U.S. Attorney in Sacramento, federal authorities are targeting large commercial medical marijuana operations and not the patients individually. He says that the feds have no intentions of prosecuting those who are seriously ill.

Approximately 200 people showed up the protest at the U.S. courthouse in Sacramento. These protesters say that this federal crackdown isn't only taking vital medicine to deserving patients, but it's taking thousands of jobs from California and harming the local economy.

Continue reading "Rally to Support Medical Marijuana in Los Angeles and Elsewhere Hits U.S. Courthouse in Sacramento" »

As we reported on our Marijuana Lawyer Blog last October, Los Angeles sheriffs are obsessed with marijuana, whether it's in dispensaries, in collectives, in your home or in your child's trick-or-treating bag. Last year, local officers sent out a warning to parents urging them to keep an eye on their kid's treats. Officials were claiming that residents were handing out marijuana-filled treats to our young trick-or-treaters.

Well, our Orange County medical marijuana attorneys understand that the Los Angeles County Sheriff's Department was at it again. They urged parents once again to keep an eye out for marijuana-enhanced candy, saying that residents are handing it out again, according to ABC News. It's absurd that the sheriff is using Halloween as an excuse to scare people about marijuana. Where will these officers turn next? Will the Easter bunny put his marijuana in our children's colored egg shells?

The sheriff's department reportedly confiscated a number of edible items from marijuana dispensaries in the city. These items include snacks, soda and candy. Deputies believe they could somehow make their way to your child's goody bag.

The sheriff's department hasn't admitted to locating anyone who was handing out the marijuana goodies this Halloween or last year either. They say they just want to alert the public about the possibility. They say these marijuana goodies aren't always easy to spot either.

"If it doesn't have a recognizable label on it," said Sgt. Glenn Walsh. "If it's not a recognizable brand, it should be considered at least potentially dangerous to the children."

Some items are labeled with marijuana as an ingredient, but once that label is removed the items can be tough to spot, say local deputies. Walsh says that you can probably tell if it's laced with marijuana if it tastes funny or if it has an odd smell. He says it won't smell just like marijuana, but it will have that odd "skunk" odor.

Authorities are asking that all parents peek at their child's candy before allowing them to dig in. They urge parents to keep an eye out for signs that indicate that your child may have eaten a marijuana-laced snack, too. Officials report that these signs include giggles, repetition, hallucinations, fast pulse, difficulty breathing, sweating, dilated pupils, confusion and disorientation.

According to Dr. Thomas Abramo, a professor at Vanderbilt University School of Medicine, these treats oftentimes contain very potent marijuana and kids may not be able to realize how much they're eating.

Members of Americans for Safe Access (ASA) say that it's absurd that people would even think that anyone would hand out marijuana-laced goodies to children on Halloween. They say there has never been any proof or any reports of any such thing happening. The only reason there are edible versions for the drug is so that patients can receive treatment even if they're unable to smoke it. The group says that officers are simple trying to scare the public into believing marijuana is the true scare of Halloween.

Continue reading "Authorities Scare Families with False Claims of Trick-or-Treaters Getting Medical Marijuana in Los Angeles" »

Another medical marijuana dispensary in Santa Ana has been ordered to shut down after sheriff deputies barged in last month with a search warrant, according to The Orange County Register.

Santa Ana Superior Care has been closed because, as sheriff's investigator Howard J. McCulloch says, the dispensary sold marijuana to undercover officers twice. They were sold the medicine without telling the "customers" to perform any specific duties or to participate in cooperatively or collectively cultivating marijuana. Deputies say that the problem with this is that medical marijuana dispensaries are prohibited from selling to customers who have a recommendation from a doctor, but have no other connection to that particular distributor. When this happens, deputies refer to it as an illegal sale of marijuana, which has not been permitted under the laws of California.

Our Los Angeles medical marijuana lawyers understand that the sheriff's office is looking to prosecute in this case. According to sheriff's Captain Adam Powell, officers are still investigating the incident. They'll be forwarding their discoveries to the District Attorney's Office. If you are facing marijuana charges, you're urged to contact a veteran marijuana attorney to help you to fight for your rights in the state of California.

Santa Ana residents were filing complaints about the number of medical marijuana shops popping up along Seventeenth Street. These dispensaries have been prohibited from operating within the city under a land-use ordinance. Despite the ordinance, there are a couple dozen shops that are conducting operations in the city. The city's code enforcement team is in charge of handling these violations. The city says that those who repeatedly violate this ordinance could be subjected either civil or even criminal litigation.

"We've tried to be more efficient in our enforcement by first issuing administrative citations...rather than hauling every dispensary into court," said the executive director of the city's Planning & Building Agency, Jay Trevino.

Trevino says that their enforcement efforts typically result in a quicker compliance and that dispensaries have even closed up show the same day as the warning was issued.

He also cites the property owners as a cause for the recent increase in these shops. He says that many times they're unaware of what type of companies are renting out space. Once a citation is issued however, owners usually ask tenants to vacate the premise. These citations start out with a warning and can turn into a $100 fine, then to $200 and could face a $500 fine per day if these companies don't comply.

The problem with shutting them down, says Trevino, is that they just open up in a different spot under a different name.

An investigation started as officials were looking into the operation of Orange County dispensaries. Officials found that operations crossed jurisdictions so local authorities took charge. Police officers in Santa Ana don't usually conduct investigations on dispensaries, but in this case both officers and code enforcement took over.

During the shutdown of the Santa Ana dispensary, officials took over marijuana supply, records and nearly $17,000.

Continue reading "Medical Marijuana Dispensary in Santa Ana Closed by Local Officials" »

Gary Johnson, a Republican potential presidential candidate, made a recent appearance at the International Drug Policy Reform Conference in Los Angeles.

There were advocates from around the state pushing for the rights of the medical marijuana industry in California. Johnson spoke at the event, making promises to marijuana advocates to issue a full pardon for any resident who is serving prison time for a marijuana crime deemed to be non-violent if he is elected into office. His speech invoked cheers across the crowd. Unfortunately, this candidate's campaign is greatly lacking in much-needed media attention.

Last month the former governor of New Mexico appeared at Occupy Wall Street to speak economics with the protesters. Or take his announcement to forgo campaigning efforts in Iowa to focus on campaigning in New Hampshire. Many of these activities go unannounced with his lack of media attention. He continues on in being an advocate for tax reform to tax consumption in place of taxing income and an advocate for small government. Many political analysts have even compared him and his libertarian leanings to Ron Paul. One of his main viewpoints drawing attention is his current position on marijuana.

Our Orange County medical marijuana attorneys understand that Johnson has been pushing to legalize marijuana since 1999. He started the push as he was serving his second term as governor. He admitted to smoking the drug recreationally as a young boy. He reportedly started to use it recently to help to regulate his pain after a paragliding accident back in 2005. Whenever he's campaigning, people look at him and refer to him as the "marijuana guy."

Johnson is okay with that reputation despite the abundance of anti-drug supporters throughout the U.S. In a recent interview, Johnson quoted marijuana users as what could be the "largest untapped voting bloc in the country."

Recently, Johnson spoke about the Gallup poll that determined about half of Americans support the legalization of marijuana. He also stated that virtually no politicians feel the way he does on this issue. He also recently discussed the viewpoints of the Republican rivals of his, saying that they've looked past the effects of their drug war at the border. He says that this war has been about violence, guns and manpower, where the focus needs to be on prohibition -- the real problem.

Johnson's viewpoints differ from many of his Republican rivals, except for Paul who says that each state should govern marijuana use. According to Mitt Romney, marijuana for both recreational use and for medical use should be banned nationwide, according to the Los Angeles Times. Johnson believes this medicinal treatment should be legal for all deserving individuals.

To make matters worse, Newt Gingrich, former Speaker of the House, is looking to expand the consequences and the prosecution for those who have been convicted of drug charges. He originally sponsored the "Drug Importer Death Penalty Act" in 1996. This bill aimed to give prison time or even the death sentence to those who have been convicted of trafficking drugs.

Continue reading "Gary Johnson Pushes Campaign and Medical Marijuana in Los Angeles, Nation" »

A recent fire took destroyed a growers full supply of medical marijuana in Northern Hollywood. Officers are still investigating the incident, according to the Hollywood LAist. As of the last reports, officers were also still looking for the owner of that operation.

The fire happened shortly after 12:30 a.m. The business was located on Bellaire Avenue. Luckily, the Los Angeles Fire Department quickly responded and was able to calm the fire in about 20 minutes. There were no injuries were reported. Officers are concerned with the business' operations because it looked "shady." Officers report that there were no signs on the outside of the building and that the lobby was questionable. As firefighters extinguished the flames, they discovered about 800 marijuana plants.

Our Orange County medical marijuana attorneys understand that dispensaries and collectives have the same rights as all other businesses in the state. Unfortunately, these companies are bullied by officials and treated unfairly. If you feel your rights have been violated, you're urged to call an experienced attorney to help you regain your dignity, your business and the rights that have been granted to you by the state of California.

Early reports from the fiery incident indicate that the fire started from the grow setup. Officials believe that the light fixtures may have been improperly fastened and that a light may have fallen on a plant, causing a lot of smoke and a fire to ignite. Reports also indicate that the investigation is ongoing.

"We're just beginning the investigation," said Sgt. Aaron Ponce of the Los Angeles Police. "We don't know who owns the building."

Dispensaries and other medical marijuana operations have a right in the city of Los Angeles and else throughout California to possess and cultivate specific amounts of medical marijuana. According to Senate Bill 420 medical marijuana dispensaries in the state of California have been provided with a blanket legal protection, saying that qualified patients, people who have a proper medical marijuana card and a person's designated caregiver...in the state of California in order collectively or cooperatively to cultivate medical marijuana, shall not be subjected to state criminal sanctions."

Under this bill, patients are allowed to carry a larger amount of medical marijuana than others as long as it has been recommended by a physician. Under this bill, local authorities are also able to create, enact and enforce their own guidelines and ordinances to regulate the local medical marijuana industry. Unfortunately, these regulations are always changing and are oftentimes confusing. These regulations vary from city to city.

Collectives, dispensaries, etc. have to be licensed through either county or local ordinances. Still, these companies are facing scrutiny from all angles. Local officers, federal officers and other authoritative parties continue to bully these businesses. Companies who work within the medical marijuana industry have the same rights as ever other company in the state and should be treated the same.

If you're being treated unfairly, you're urged to contact an attorney to help you to fight for your rights as a legal, law-abiding California business.

Continue reading "Medical Marijuana Dispensary in Northern Hollywood Loses 800 Plants" »

Officials from the California Medical Association recently announced that they support the legalization of marijuana in Los Angeles and elsewhere.

The support has drawn mixed reviews from physicians, doctors and others. The California Medical Association says that to be able to offer the best treatment to patients, the drug needs to be legalized so more studies can be conducted.

This support comes after the federal government's decision to crackdown on medical marijuana operations in California and elsewhere throughout the country. The feds have been sending threats to those who may be operating under state law, but who they say are still violating federal law.

Our Orange County medical marijuana lawyers understand that this recent decision from the California Medical Association is a huge point on the industry's scoreboard as feds attempt to terminate all operations.

The announcement from the association stated that it was recommending the regulation and legalization of recreational and medicinal marijuana because physicians and doctors needed to conduct more research on the drug, according to amednews.com. More research could mean better treatment for suffering patients.

Federal policy says there hasn't been enough tests done on marijuana to conclude that it is in fact beneficial. According to the President of the California Medical Association, this is the first wave of support of the drug from a state medical society.

"It's a new era in medicine in how people are regulating and treating medical marijuana," said the director of political affairs and education for the Colorado Medical Society, Diana Protopapa.

Protopapa goes on to say that the association thought long and hard on this decision and drew the conclusion to support the industry on both scientific and medical grounds. She says that both she and other physicians would like to get to know more about the drug to help ensure that the best treatment can be provided for patients.

As of now, there are 16 states that have laws that have legalize medical marijuana.

She goes on to say though that physicians are stuck in limbo with prescribing the drug because the drug remains illegal under federal law. More needs to be done to regulate this industry and to help it grow to ensure that patients are receiving the best treatment for their conditions.

The California Medical Association board chair, Paul Phinney, MD, says that there are currently no labeling standards for the drug. Physicians, doctors and other medical personnel need the drug to be legalized before they're able to properly examine it.

This recent rally of support from the California Medical Association was announced as a recent Gallup poll concluded that about 50 percent of Americans support the drug and only about 46 percent are opposed to it. This is up significantly from the 20 percent who supported it in 2000.

The American Medical Association is not on board, though. It still claims that the drug is extremely dangerous and that it should continue to be illegal. It supports the drug as a Schedule I.

Continue reading "California Medical Association Gives a Big Thumbs Up to Legalize Medical Marijuana in Los Angeles and Elsewhere" »