Cannabis Law Group's Medical Marijuana Legal Blog

For the second straight year, medical marijuana supporters in Florida are attempting to get legislators to push through legislation that would allow for the legalization of medical marijuana in that state, the Florida Center for Investigative Reporting says.

As our Los Angeles medical marijuana lawyers well know, simply legalizing medical marijuana doesn't end all of the problems. In recent months, federal prosecutors have threatened to shut down dispensaries by charging people criminally simply for running their businesses. The landlords who allow these companies to rent from them have also come under fire and many have succumbed to pressure.

While legalized medical marijuana in Los Angeles certainly has had its benefits for growers, distributors and sellers -- who have seen their profits grow -- and users -- who have been provided with lower-cost medicine to ease the pain of difficult ailments -- it hasn't come without its headaches.

Other states throughout the west that have legalized marijuana have also dealt with the issues that resulted in these new state laws. Unfortunately, that has meant some harassment from federal agencies.

A report out of Florida shows that companion bills filed by a state senator and representative aim to legalize marijuana, the first time that bills have been filed in both chambers, the news source points out. But the piece questions whether it is a serious effort by lawmakers to help Florida join other states that have made the leap or simply for show.

The article points out that Florida prides itself on being opposite from California in many ways -- conservative vs. liberal, cold California mountains vs. warm Florida beaches, young vs. old, Disneyland vs. Disneyworld and earthquakes vs. hurricanes. But a recent poll in Florida shows that 57 percent of residents support medical marijuana.

And given that the state does have a large older population that suffers from various medical ailments, including harsh forms of cancer, medical marijuana could be beneficial to many residents. But Republicans control the governor's office and both chambers of congress in Florida and that party typically is anti-marijuana.

But coverage of the effort in Florida has been relegated to college newspapers and pro-marijuana blogs rather than larger newspapers and television stations. But some supporters are attempting to collect enough signatures that it could get the issue on the ballot without lawmaker approval.

If seniors, who would likely be the prime beneficiary of the drug, would get involved, it's possible it could gain some traction. But our Los Angeles medical marijuana lawyers would warn Floridians to be careful of how to word the law and how to implement it.

California's marijuana industry has been attacked by federal and local leaders who have sought to shut down these legitimate businesses because of political agendas. If Floridians pass legal medical marijuana, they may too find themselves battling these same issues.

Continue reading "Other States Attempt to Follow California's Legal Medical Marijuana Path" »

The new reality television series "Weed Wars" on the Discovery Channel, which aired its first season finale recently, gives viewers an inside look at the legal operation of marijuana dispensaries in California.

The program has depicted the real life workings of a Bay-area marijuana dispensary and the problems that not only the company faces, but its growers and the patients who rely upon the business to get the marijuana they need to ease their pain.

Our Los Angeles medical marijuana lawyers hope that this show will continue to make believers out of skeptics who believe this legal business is somehow bad for society. While prescription drug companies -- who, essentially, provide the same type of service -- routinely put out dangerous drugs with wild side effects, marijuana dispensaries are simply using grown plants to act as painkillers to people with chronic illnesses, including forms of cancer.

The Los Angeles Times reports that "Weed Wars" brings viewers inside access to the Oakland-based Harborside Health Center, a marijuana collective its owners says is the biggest in the country. The series shows how its owner tries to run a business that is legal in California, but illegal in the eyes of the federal government, which has sought to remove these businesses as part of a political agenda.

The Discovery Channel also premiered a show about illegal alcohol distillers in the backwoods of the Appalachian Mountains and both series have done well in key demographics, the newspaper reports. The topic of illegal activities has been popular with viewers, with more than a million watching each episode.

And "Weed Wars" isn't the only marijuana-based television show hitting the air. Others are on the way. And while networks are quick to point out they're not picking sides in the political battle, it shows that the American people are interested in these topics.

"Weed Wars" brings people inside the company's laboratories, where testing of the substances that make up marijuana, including the difference between THC -- which brings the drug's psychoactive ingredient -- and CBD -- which provides the medical benefits.

The show's creators hope that exposing people to the inner-workings of the medical marijuana industry will help them understand that it isn't an underground, seedy business, but a legitimate enterprise under California law that is designed to help people suffering from various ailments. The dispensary owner fully recognizes, however, that by taping a show, they are exposing themselves to federal authorities, who tend to frown upon people they believe are flouting an illegal trade. Federal drug laws fly in the face of California laws that allow this business to thrive.

Ultimately, our Los Angeles medical marijuana lawyers hope that this show and others like it continue to educate the public -- and the government -- about what is really going on in California's medical marijuana industry. They must realize that not every user, grower or distributor is doing so illegally and that the right answer to a perceived problem isn't shutting down every marijuana business that is operating legally.

Continue reading ""Weed Wars" Reality TV Show Depicts Dangers of Los Angeles Medical Marijuana Dispensaries" »

Our California medical marijuana attorneys have long supported patients who legally are able to purchase, carry and smoke marijuana for personal use.

And while California's voters 15 years ago approved marijuana for legal use, there have been no shortage of controversies and problems. As a recent article out of Canada shows, legal marijuana users there, too, have been running into issues with law enforcement, who can't keep straight who is legally using marijuana and who is breaking the law.

Unfortunately, people who legally use medical marijuana in California often get mixed up in problems because of miscommunication or overzealous police work. While police are still geared toward fighting the "War on Drugs," they must sit back and recognize that California's laws allow for medical marijuana use and they can't assume every person who has marijuana on them is an unlawful user.

Such is the case of a Canadian woman recently interviewed by an Ontario newspaper. The woman has a medicinal garden on her property where she grows marijuana for medicinal purposes. She is legally allowed to use marijuana.

The woman spent $30,000 for 17 different prescriptions for painkillers and tranquilizers to ease the pain she was experiencing and that cost didn't include the bills for hospital stays. That was 10 years ago. Five years ago, she began smoking marijuana and the symptoms went away, easing her pain. She no longer takes any prescription drugs.

She is happy that she no longer has to rely on pricey prescription drugs to mask the symptoms that make her life difficult, but she is still frustrated by the fact that she faces harassment from law enforcement.

Licensed drug users in Canada have an identification card and a packet of paperwork that prove they are able to legally consume marijuana. But healthcare bureaucracy has gotten in the way of helping patients. Health Canada, the government-run health system, requires the stack of paperwork and not simply the card as proof. But police officers typically only want to see the card.

When she is stopped, officers want to know how much marijuana she's carrying and where she is growing it. She says she is allowed to grow 126 plants, put 6,570 grams in storage and carry about 900 grams of marijuana on her, but she says she doesn't for fear she could get robbed. But, while that's a large amount of the drug, it's meant to act the same as any other prescription drug.

The amount she can have is determined by her physician and she is legally allowed to smoke it anywhere, except where local ordinances prohibit smoking in public. Earlier this year, she was detained after she went outside a bar to smoke a joint. The bar's bouncer refused to let her back in and he called police. She was detained for hours after proving she could legally smoke marijuana.

Police argue that they must answer calls from neighbors who worry a person is illegally smoking marijuana and must treat it as a drug case. They must verify that the person in question is, in fact, a legal user.

This is a conflict that has no easy answer. If a person pops a pill in public, most people wouldn't say anything, but marijuana stands out and so people sometimes react by calling police. Even people who are pulled over and can legally possess marijuana must go out of their way to keep officers who are quick to arrest at bay. Our lawyers are prepared to fight for the rights of marijuana users throughout California.

Continue reading "Medical Marijuana Patients Still Being Harassed By California Police" »

Three men were recently arrested in connection with the armed robbery of a West Hollywood marijuana dispensary recently, the Los Angeles Times reports.

Los Angeles medical marijuana dispensaries are always at risk for a potential robbery because while legitimate businesses are simply trying to adhere to the law and work legally, there are still illegal drug dealers who try to steal the drug so they can profit on the black market.

And while some people try to use these random reports of criminal activity at pot shops as a reason why cities and counties shouldn't allow dispensaries to operate. But what they don't mention, our Los Angeles medical marijuana lawyers point out, are crimes that happen at convenience stores, liquor stores and other "hotbeds" for criminal activity. No one is pushing for these businesses to be closed, yet medical marijuana small business owners are targeted unfairly.

In this case, the newspaper is reporting, the suspects entered a medical marijuana dispensary in the 7000 block of Santa Monica Boulevard during a recent Saturday night. The three men walked into the store with guns and tied up the six employees and were made to lie down in the back of the store.

The newspaper reports that the store's manager was forced to open the safe, according to the Los Angeles County Sheriff's Department. The men got off with an unspecified amount of money, cell phones from the employees and an undetermined amount of marijuana.

Sheriff's detectives report that they were able to find the three men after tracking them to a home in Lancaster, where victims identified them as the culprits. After authorities searched the home, they were able to find the marijuana, money and cell phones as well as the guns that were used in the crime.

Arrested were a 29-year-old from Compton, a 30-year-old from Los Angeles, and a 35-year-old from Lancaster, the newspaper reports. They are being charged with suspicion of robbery and kidnapping, major felony charges that could end in prison sentences under California law.

Our medical marijuana lawyers are grateful that the police were able to track down the people they believe are responsible for this terrifying robbery. We recognize that illegal drug dealers see marijuana dispensaries as an easy target for crime, but the same could be said for any small business that has a cash register and expensive goods.

We encourage local leaders not to assume that these marijuana businesses are bad for the community or "attract" crime because that's simply a mischaracterization of the truth. These small business owners are trying to simply follow state law and run their companies like any other form of business. Sadly, they are stuck in the middle of a political war that keeps them from truly enjoying a free working environment. Hopefully, as the issue of medical marijuana in California evolves, so, too, will the acceptance of these needed businesses.

Continue reading "Three Arrested in Connection With West Hollywood Marijuana Dispensary Robbery" »

Advocates of medical marijuana hope to create a system that licenses, regulates and taxes California medical marijuana dispensaries and collectives as a way of making peace with federal authorities, who seek to shut them down, The Associated Press reports.

Our Los Angeles medical marijuana lawyers think it's unfortunate that small business owners who are simply trying to make a living feel they must add regulations and taxes in order to stay in business. But, we also recognize that the pressure that has come down from federal and state agencies in recent months has been overwhelming.

In an effort to garner votes in a state that could make a big difference in the November elections, federal authorities have used the threat of prosecution of not only businesses, but the people who rent to them. This threat has caused commissioners and town council members to create ordinances that ban dispensaries and collectives, even though it is legal under California law.

And now, in an effort to get authorities off their backs, medical marijuana supporters are making some concessions and trying to show authorities they just want to be able to operate their businesses.

The Associated Press reports that after months of looking at the issue, medical marijuana activists have proposed an initiative for the 2012 ballot that would create a Board of Medical Marijuana Enforcement that would have authority to oversee businesses and non-profit groups that grow, distribute, sell or test pot in its raw state as well as in finished goods, including food products.

The Secretary of State and Attorney General must clear the proposal before supporters can seek signatures to attempt to get the initiative placed on the upcoming election's ballot. Supporters feel that by clearing the issue with state leaders and allowing the state to monitor the industry would show the federal government that businesses are serious about ensuring that marijuana goes to those who are authorized, medically, to have it.

A problem in recent years is that some marijuana growers and distributors have used the state's law to sell to outsiders -- even shipping it to other states where it's not legal for medical purposes -- under the guise of legal marijuana business. This has given a bad name to the many legal companies that are simply trying to make a living.

In October, federal prosecutors throughout the state made an effort to shut down pot growers and distributors they believe are acting as a front for illegal drug dealers. Supporters of the measure hope that this effort appeases federal authorities from coming in and attempting to shut down legitimate businesses.

The initiative would also require local governments to allow at least one dispensary for every 50,000 residents so that all medical marijuana patients have access to this important drug. Registration and application fees would fund the board.

The proposal, if it gets on the ballot and becomes law, would be the first legislative change to the state's 15-year-old medical marijuana law since 2003, when lawmakers required counties to distribute identification cards to patients and set guidelines for how much users could get.

Continue reading "Los Angeles Medical Marijuana Supporters Heading to the Polls" »

The hits just keep coming for hard-working medical marijuana dispensaries in California, especially those in Riverside County where authorities have announced they are going to try to shut them down, The Desert Sun is reporting.

Ever since California voters agreed to legalize marijuana some 15 years ago, it has been a constant struggle. In recent months, federal authorities have cracked down, forcing a political agenda on the many companies that have operated -- legally -- under California law. But that pressure has created problems on a local level. Many timid local officials have succumbed to federal pressure and begun going after these businesses, too.

Our California medical marijuana lawyers are well-versed in the controversy going on not only in Riverside County, but also in other communities throughout California. We are willing and able to represent these businesses who are hard-working and who are just trying to run their companies.

The Desert Sun reports that the Riverside County Board of Supervisors has given its attorneys permission to sue pot shops in the unincorporated county as well as property owners who allow them to operate. The only alternative, county officials say, is for the shops to close down.

The county passed ordinances banning medical marijuana dispensaries in 2006, the newspaper reports, though officials last year considered an ordinance last year that would allow for a regulated form of dispensaries. They later decided to uphold the ban and keep it in place.

County officials, though, estimate that about 50 medical marijuana dispensaries popped up last year in the county's unincorporated areas in response to the demand of its residents who legally have cards to purchase marijuana for medical use. These residents typically have various forms of cancer or other ailments that require marijuana for medicinal purposes.

County attorneys told the newspaper in 2010 that the reason some dispensaries were operating was because of "vaguely written laws" by state lawmakers that have allowed them to operate.

A majority of voters made it pretty clear that they supported legalizing marijuana for medicinal purposes -- that wasn't vague at all. And even though state law allows for these small businesses to operate, they conflict with federal drug laws, which is why there is an ongoing conflict.

Federal authorities, in an effort to garner political favor apparently, have made it a point in the last year to say they would prosecute businesses and the people who rent to them. That is a powerful threat and has led to hundreds of dispensaries shutting down or not registering with the counties or cities where they are operating for fear of being shut down.

Our medical marijuana lawyers are prepared to take up the fight on behalf of these small business owners and the patients they serve. They serve an important function in our communities and must be well-represented in their fight against the government.

Continue reading "Medical Marijuana Dispensaries In Riverside County Require Legal Representation" »

The Eagle Rock Patch was able to sit down recently with Los Angeles City Council member Jose Huizar and tackle a bevy of topics, including medical marijuana dispensaries in Los Angeles.

Huizar has been in the news recently because he proposed a ban on all marijuana dispensaries in the city. That has led to much criticism from supporters of the medical marijuana industry, as a ban on dispensaries would not only severely limit the ability for people with cancer and other illnesses to get the marijuana they need for treatment, but it would put people out of jobs and cause the city to take a hit in tax revenue.

Our Los Angeles medical marijuana attorneys have followed this news closely as it could have a profound effect on our clients -- the legal users, growers, distributors and sellers of this important medicinal drug.

The publication sat down with Huizar in his city hall office recently and asked about a couple topics, but of most import was the topic of dispensaries in the city. Huizar said that he supports the access of patients who need medicinal marijuana.

The city council member, however said that he wishes to strike a balance between people who legally should have access to marijuana and the "ill effects that come with dispensaries." He said he wants to prevent an over-concentration of dispensaries and keep them far from churches, schools and other establishments.

Because of a recent court ruling, the city no longer has an enforceable law for dispensaries. He told the media he worries that this will lead to hundreds more dispensaries popping up around the city by people who want to try to make a quick dollar, even if they get shut down.

Huizar says he wants to ban all dispensaries so that the city can get direction from the California Supreme Court about what to do to control dispensaries. He believes the the court can give guidance on the law, which he calls "very flawed."

He believes the state's law is susceptible to loopholes. He pointed to laws in Oregon, where a patient can get a prescription for medicinal marijuana only from a primary care physician. In California, any doctor can make the recommendation, which Huizar says could cause problems.

Oregon's laws also limit the types of ailments that are eligible for medical marijuana. There are only certain ailments that can require marijuana and the patient must show a history of the ailment before getting a prescription or recommendation for marijuana.

He wants to create safeguards for local communities while still allowing those who need the marijuana to have access, he said. He also pointed to pressures from the federal government, who have recently threatened dispensaries, users and landlords who rent to dispensaries.

Our Los Angeles medical marijuana lawyers believe that a ban on dispensaries is a bad knee-jerk reaction to a murky situation. While there are certainly problems with the state law, local city ordinances, the illegal drug trade and interference from the federal government, a shut down isn't in anyone's best interests. We hope that city officials continue working to find a solution good for everyone.

At the end of the day, voters legalized medical marijuana. Period. Any murkiness has been caused by the wrangling of politicians who won't accept that simple fact.

Continue reading "Los Angeles Councilman Talks About Medical Marijuana Dispensaries" »

The Press Democrat reports that the Obama administration's recent crackdown on marijuana businesses has led to the shut down of the state's oldest medical marijuana dispensary in Marin, which is north of San Francisco.

The newspaper also reports that a major marijuana collective that cultivated, harvested and packaged marijuana for many Bay Area dispensaries is also shutting down in December. an official said the closures will have a "pretty devastating effect" on patients who rely on marijuana to help with their serious medical conditions.

Despite a lot of negative publicity, medical marijuana in Los Angeles and throughout California has a lot of benefits to people who are suffering from devastating medical problems. That's why our Los Angeles medical marijuana lawyers are dedicated to working on behalf of patients, dispensaries, collectives, doctors and others involved the legal marijuana industry.

Unfortunately, there is an illegal marijuana industry that has hampered the efforts of those who are trying to do the right thing. This secondary, black market has been the reason federal officials have threatened criminal prosecution, even to those who are operating their businesses legitimately and within state laws.

Not only have federal prosecutors in recent months threatened the business owners themselves, but they have also gone after the landlords who are legally renting office space to these companies. Threatening them, too, has had perhaps the biggest effect on the medical marijuana industry in California.

Many of these landlords, worried they could face punishment from the powerful government, have kicked out many dispensary businesses. And with few others willing to allow them to operate in their office space, many have been forced to close.

One such example is the Marin Alliance. The $1 million-a-year business is one of the town's top-10 sales tax revenue contributors, but it is going out of business. Because of its proximity to parks, schools and other places where children congregate, its landlord succumbed to federal pressure. There were dozens others statewide who fell into the same boat.

Closures like these have profound effects on their communities. While the federal government believes it may be continuing its decades-old "War on Drugs," what it really is doing is harming communities. For one, you have people who have a legal prescription for these drugs not being able to get what they need to help the treatment of cancer and other serious illnesses.

Second, you're putting people out of business. Small business owners already have challenges with all they pay in state and federal taxes, but now people who have invested tens of thousands of dollars in their businesses are being told they are operating illegally even though they're following state law. Their employees are being laid off, adding to unemployment.

Then, there's a large effect on the tax base of the communities where they operate. As the article states, this particular dispensary brings in more than $1 million per year for the area in revenue, a huge sum of money that now will go away. Our Los Angeles medical marijuana lawyers think the government's actions are awful and have larger effects than their plans to garner votes in 2012.

Continue reading "Federal Interference Causes Shut Down of State's Oldest Medical Marijuana Dispensary" »

A recent article out of Washington reports that California's marijuana growers have shifted plots from national forests to farmland, according to the Fresno County sheriff, who testified to the Senate Caucus on International Narcotics Control.

Admittedly, medical marijuana in California is a difficult industry because while many small businesses sell marijuana solely for medicinal purposes, others use it for illegal uses. Illegally operating growers sometimes make shipments to legal dispensaries and then ship out of state to illegal users and distributors.

This is why our Riverside medical marijuana lawyers have been so busy helping people throughout California who have faced problems simply for following California's laws, which were originally put into place more than 15 years ago.

Whether it is law enforcement interference, or problems from federal authorities who don't respect California's laws, or the reaction of local officials scared of both groups, these small business owners have been under the gun in 2011. Our marijuana lawyers hope that things simmer down in 2012.

According to the news article, Fresno County has seen a drop in marijuana plots on public land. In 2009, law enforcement identified 81 sites where marijuana was grown on public lands in Fresno County. In 2010, that number dropped to 19 and down to 8 in 2011.

Senators said that the Central Valley is perfect farmland for marijuana because of abundant sunlight, fertilizer and irrigation. While senators were encouraged that marijuana isn't being grown on public land, the shift has been to private farmland, the article states.

Last year, Fresno's sheriff told senators that 36 multi-acre marijuana cultivation sites were found on conventional farmland throughout Fresno County. One site found this year by officials was 57 acres.

Officials are also alleging that illegal immigrants are being used on these sites and have been particularly important in the marijuana industry in California. In July, officials arrested 159 people in sweeps through five Northern California counties. About 95 percent of those who were arrested were illegal immigrants. Between 2005 and 2010, 1,437 of the 2,334 marijuana sites seized on federal forest land had illegal immigrants on them.

In that July sweep, more than 632,000 marijuana plants were seized, along with 38 weapons, including assault rifles. During a similar operation in 2010, 432,271 marijuana plants and 33 weapons were seized around Fresno.

Officials believe that the marijuana industry has given Mexican drug trafficking gangs a cover for their operations. And this hurts legitimate businesses. With law enforcement snooping and federal authorities bringing pressure, people who are trying to run dispensaries the right way can unneeded pressures.

If people are illegally operating marijuana farms and illegally distributing it to non-authorized users, it paints all businesses in a bad light. This increases prices, leads to shut downs in businesses and, ultimately, hurts patients.

Continue reading "California Marijuana Growers Shifting Production Tactics, Testimony Reveals" »

Several news articles have reported that the recent federal crackdown on medical marijuana dispensaries in Los Angeles and statewide has led to record profits as prices soar.

This certainly isn't positive for the users with medical problems who seek this treatment, but it is for the business owners who are risking prosecution to run their small businesses. Or is it? These businesses must remain nonprofit and this could be one more means of prosecution as both state and local government continue to talk out of both sides of their mouth.

Our medical marijuana lawyers would bet that the people of California didn't vote for medical marijuana so that the people who needed it would be hurt by inflated prices.

Yet, the actions of the federal government have caused that. Many dispensaries have been shut down because of threatening letters and calls directed at landlords who have rented to these businesses. In other cases, letters have been sent directly to the businesses themselves, threatening to bring them up on criminal charges, including money laundering charges, despite the fact that they are legally operating the businesses within thestate's laws. It is a classic states v. federal argument that won't go away any time soon.

Based on the increase in federal involvement in California, The Sacramento Bee reports, a pound of outdoor-grown marijuana is selling for 20 to 40 percent more than it has in the past, analysts say.

While prices have declined since 1996, when marijuana was legalized in the state, they have increased lately. The industry has had a black cloud launched over it by the feds, who have threatened prosecution. Some experts say growers have illegally shipped their product out of state to maximize profits.

Another story by California Watch reports that production levels have dropped this year. Part of the reason is because of rainy weather and a "bumper crop of mold," some experts and analysts say.

Some growers began cutting down on production once the federal government swooped in and began making threats of criminal prosecution. Some decided to "lay low" and cut back on how much they were growing in order to avoid detection.

As like any other industry, a cut down in production meant an increase in prices. Where a pound of marijuana used to go for $1,000, it has recently been going for as much as $2,000 or $2,500 per pound. And the cost is being passed on to users.

The government took credit for an increase in prices, stating that the use of informants, wiretaps, undercover agents and an effort to intercept marijuana being sent through the mail has led to the market being "significantly disrupted."

Some legal growers are upset that an increase in prices in California could end up benefiting illegal, black market growers and hurting those who are playing by the rules and obeying state laws. The bottom line is that if the feds are going to go after people for marijuana, it should be the illegal growers, not those who are following local laws in trying to run a legitimate business. And they certainly shouldn't be prosecuting people with cancer and other serious illnesses who need marijuana for healing.

Continue reading "Fed Enforcement on Medical Marijuana in California Leads to High Prices" »

In what appears to have been a 360-degree turn in the government's stance on dealings with medical marijuana dispensary owners, Attorney General Eric Holder recently testified that prosecuting these business owners is a "low priority."

A Colorado politician recently grilled Holder on the Judiciary Committee about medical marijuana and a June 1 memo that essentially told federal prosecutors that they were to prosecute people who cultivated, distributed or sold marijuana legally in states that allow it.

Now, Holder is saying that given the Justice Department's lack of resources, this will remain a low priority. But do the owners of Los Angeles medical marijuana dispensaries really believe him?

Our Los Angeles medical marijuana lawyers certainly don't. After months of threats from prosecutors, including to landlords who allow dispensary owners to rent from them, officials are saying they don't plan to prosecute criminally.

But the months of harassment have done enough damage. City officials throughout California are concerned that they should ban dispensaries from opening up in their city limits. Many businesses have been forced to shut down because there was so much backlash they lost their offices and couldn't find new ones with reasonable rents.

A 2009 memo told prosecutors that prosecution of "significant" traffickers of illegal drugs, including marijuana, remains a core priority, but the memo told prosecutors that it isn't an "efficient use of federal resources" to go after people who have cancer or other ailments that require the use of medical marijuana, so long as they are doing it it legally in the state where they live. This protection also applies to people who may be taking care of them.

The June memo states that the agency's focus hasn't change, but that there had been a large increase in cultivation of marijuana as more dispensaries open up. The memo goes on to state that people who operate medical marijuana dispensaries in Los Angeles, the businesses that cultivate marijuana and those who distribute it to the dispensaries "are in violation of the Controlled Substances Act, regardless of state law."

The most recent memo also states that "state laws or local ordinances" are not a defense to civil or criminal enforcement of federal law." The prosecutors are able to come after these people for crimes, including money laundering if they make financial transactions with money they received from doing legal business. The business owners could be opened up to an array of federal financial crimes.

Rep. Jared Polis, D-Colo., who was doing the questioning, seemed pleased at the Attorney General's answers, though there are major contradictions. The representative's staff said that Holder said "medical marijuana businesses are not an enforcement priority," but the June memo, which is still in place, speaks otherwise.

The bottom line is that federal authorities still believe that medical marijuana dispensaries should be prosecuted, even if they are legal in California. This is a mess and the Attorney General's words don't make it any easier to understand. Our Los Angeles medical marijuana lawyers are prepared to defend businesses and individuals who get ensnared in this political mess.

Continue reading "AG Holder Says Feds Won't Prosecute Los Angeles Medical Marijuana Dispensary Owners" »

A San Jose suburb recently had a debate about whether the city should allow medical marijuana dispensaries in the city limits.

It's amazing that 16 years since medical marijuana was legalized in California, cities are still having debates about whether or not to allow medical marijuana dispensaries in Riverside and elsewhere to operate.

One reason this has become an issue is because in recent months federal authorities have begun going after these small business owners, who are legally operating under California law. Unfortunately, state law conflicts with federal law and in an effort to garner some votes in the 2012 election, the Obama administration is causing problems for these people.

Our Orange medical marijuana lawyers fully support these businesses, which are following the law and providing a key medicine for people who have chronic ailments.

City officials in Milpitas, a city north of San Jose and on the southeast end of San Francisco Bay, recently looked at the possibility of whether to allow medical marijuana dispensaries to operate within the city limits.

The police chief expressed concern over the idea of allowing dispensaries in the city since U.S. attorneys consider them a federal law violation. The chief also told city officials that there are "likely no more than 20 genuine" medical marijuana patients in the city.

The first point that should be made here is it's likely impossible with medical privacy laws for the police chief of a city to know how many people have legitimate illnesses for which medical marijuana is a viable treatment option.

The second point the chief made to officials is that dispensaries bring the risks of robberies, money laundering, piles of cash and other crimes.

Let's examine this a little closer. So, the police chief here believes that medical marijuana dispensaries are a haven for crime. What about convenience stores? There are plenty of late-night robberies at stores where violence often occurs. Banks often get robbed and there are piles of cash there. Money laundering? How about illegal drug dealers?

I doubt the police chief is warning officials about the risks of convenience stores and banks, yet he stereotypically slams medical marijuana dispensaries as potentially harmful to the city. These inaccurate facts have no place being presented to a decision-making body. Dispensaries are small businesses just like any other, operating within the laws of the state.

This is another politically motivated attack on people who are simply trying to run a business and earn a living. The chief encouraged city leaders not to allow dispensaries there, but if they do, to limit nighttime hours and ensure they aren't located near libraries, schools and places where children congregate. The chief also said marijuana use shouldn't be allowed near dispensaries.

City leaders took the comments and still believed the dispensaries should be considered in the future for "patients that need it." While court rulings have determined that cities may not be able to issue permits, they can use land use controls and safety regulations to ensure dispensaries can open.

Continue reading "California City Debates Marijuana Smoking in Parks, Medical Marijuana Dispensaries" »

The Los Angeles Times is reporting that 372 medical marijuana shops filed business tax paperwork with the city, proving that there are more medical marijuana dispensaries in Los Angeles that in any other city in the nation.

Our Los Angeles medical marijuana lawyers know this is despite heavy fire from the federal government, which is trying to impose its rules on a legal, voter-approved industry in California.

In recent months, federal prosecutors have made arrests and threaten arrests on others simply for following the state's laws. They have sent threatening letters to landlords, saying they could face sanctions if they rent their space to these legal companies, causing many companies to go out of business.

It's good to see, however, that these small business owners are fighting the good fight and working hard to make a living, despite the pressures from the Obama administration. Our lawyers believe these legal businesses should be able to continue operating as normal, despite outside opinions.

According to the news article, more dispensaries are still opening, though the 372 number is what is officially on the books with the city. But the article's author suggests that some companies may be open but may not have filed the proper paperwork with the city. Can you blame them at this point?

City officials estimate there are more like 500 shops in the city limits. The city has spent years trying to shut down illegal shops -- or legal shops for that matter. The newspaper reports that the city first attempted to determine how many shops it had in 2005.

The first year, police found four and a year later, 98. Once officials forced dispensaries to register to stay open, the number jumped to 186. Two years ago, officials estimated there were as many as 850.

In March, city voters approved Measure M, which required a 5 percent gross business tax for dispensaries, which is 10 times larger than the next-highest business tax. Officials believe it could raise as much as $10 million in revenue for the city.

In January, city officials are expected to take up the issue of a possible ban on dispensaries. A recent court ruling questions whether the city actually has the power to change public safety regulations, such as a restriction on where the businesses can be located. The court ruling also stopped leaders' efforts to cap dispensaries at 100 through a lottery system.

A ban wouldn't stop city officials from collecting the tax from dispensaries that choose to ignore the rules. Who's on first?

Who can blame these small businesses? They are being threatened at every angle. First, the Feds are trying to threaten them and say the owners could be sent to prison. Then, city officials are trying to get rid of them even though they're running a legal business.

Most companies are probably willing to pay the tax to stay open, but don't want to be raided by officials who can easily spot them if they register with the city. This is a tough issue that hopefully can be resolved soon and not linger on.

Medical marijuana is what the people of California have wanted, despite resistance from many in the government. It is legal in California to sell marijuana to those who require it for medical use. That should be the end of the story, but sadly, it's not. These business owners must continue to fight for their rights.

Continue reading "Los Angeles Reports Nearly 400 Medical Marijuana Dispensaries Citywide" »

A common misconception is that medical marijuana in Los Angeles and elsewhere is used by undeserving individuals and leads to drug abuse. The truth is that medical marijuana is a much-needed treatment for roughly one million patients in the state. Despite what opponents of the drug say, the legalization of medical marijuana does not influence teenagers to smoke more of the drug. A couple of recent studies compared the use of marijuana among teens in both Massachusetts and Rhode Island after the Rhode Island legalized the drug, according to TIME. Medical marijuana was legalized in Rhode Island back in 2006. During this time, Massachusetts opted not to. These two states were compared because researchers saw that they had so many similarities, including population, geography, etc.

Our Riverside medical marijuana attorneys understand that the study collected data from 1997 to 2009 from the Centers for Disease Control (CDC) and the Youth Risk Behavior Survey. Nearly 15,000 young individuals from Rhode Island and nearly 30,000 in Massachusetts were surveyed. During each year, the study concluded that nearly 30 percent of youth admitted to using the drug at least once if the past 30 days. What that illustrates is that there was virtually no difference in the use of the drug in these individuals before and after the legalization of it.

Mitch Earleywine from State University of New York-Albany reached the same conclusion in the Marijuana Policy Project. He also discovered that between 1996 and 2004, the number of admitting users of pot among 9th graders actually declined by nearly 50 percent, which illustrated a little bigger decline than the national average.

These studies, said Earleywine, confirm his theory that the legalization of the drug does not increase drug use among state's youth.

Yes, legalization increases access to the drug for some, but only a small portion of the population uses it for therapy. Typically, these users are people who teens would not be likely to mimic. Users are typically the older generations or those who are extremely ill.

Choo's study findings were recently presented to the American Public Health Association's at their yearly meeting held in Washington D.C. She says she's going to look at these figures in even more states in the future.

Both studies are consistent with state, national and international data. Researchers have concluded that drug use among teens does not correlate with marijuana arrests or legalization.

Some researchers would even go as far as saying that the use of medical marijuana comes with an "uncool" connotation as teens associate the drug with "old" and "sick" people.

Regardless of who does or who doesn't see the use of marijuana as cool, the truth of the matter is that medical marijuana is a vital treatment for many patients in the state. This is but another study that proves medical marijuana has no negative affect on the state's population, more specifically the youth in California.

Continue reading "Medical Marijuana in Los Angeles Not Cool Enough for Teen Recreational Use" »

A number of lawsuits were recently filed in four federal judicial districts in California in an attempt to stop the U.S. attorneys from closing down a number of medical marijuana dispensaries in Los Angeles and elsewhere, according to the Los Angeles Times.

These lawsuits serve as the second legal attempt to stop enforcement efforts against the industry after four prosecutors announced in October that they would be targeting companies for shutdown. The suits are asking judges to approve restraining orders against those who are looking to shut down dispensaries in the area.

Our Orange County medical marijuana attorneys understand that the lawsuits argue that the government's threat to attack owners and landlords of company property conflicts with an earlier agreement that led a federal judge to throw out a similar suit in Santa Cruz. In that earlier agreement, government officials stated they would not be using federal resources against those within the medical marijuana industry who abide by the laws of the state. Those in the medical marijuana industry are being targeted from all sides for abiding by the law of the state.

The problem is that medical marijuana was approved by voters in the state of California back in 1996 under Proposition 215. You can't make something legal and then irrationally enforce a different set of laws on it. This is an industry that is legal in California and no other governing force should be able to step in and set their own regulations upon these individuals. Local and County governments continue to create regulations and standards to alter the industry, but the truth is that it's legal by the state and should be governed as such.

The most recent lawsuit was filed against Drug Enforcement Administration head Michele Leonhart, U.S. Atty. Gen. Eric Holder and four federal prosecutors.

As we reported before, the U.S. attorneys said that they would only be targeting growers and operators in the state who were violating California's law, which says that these companies cannot operate as for-profit companies. That's not what's been going on though. They're targeting everyone and being sneaky about it, sending threatening letters to landlords saying they're going to seize property if action isn't taken.

Dispensaries across the state are joining together and backing these suits, some are not doing so publicly though. According one of the lawsuits, the recent federal enforcement "will eviscerate and likely eradicate" California's medical marijuana industry which was made legal years and years ago. This industry relies on the storefront shops that are being targeting in the enforcement. With approximately 1,000,000 doctor-prescribed patients in the state, many are left without valuable treatment.

Not only is the medical marijuana industry a benefit to patients suffering from a laundry list of debilitating conditions, it's also a positive reinforcement to local government. The industry created nearly $5 billion in annual revenue and roughly $100 million in annual sales tax. This is an industry that no one can afford to lose.

Continue reading "Lawsuits Filed Against Feds and Their Attempts to Stop the Medical Marijuana Industry in California" »