Marijuana Lawyer Blog

While Los Angeles medical marijuana dispensaries have felt the pressure recently from the federal government, the discrimination isn't limited to California.

The Denver Post recently reported that federal prosecutors are now going after medical marijuana dispensaries there, threatening to shut down these businesses if they are within 1,000 feet of a school.

Our Los Angeles medical marijuana lawyers think it's a shame that state laws that have been on the books for years are now being ignored with little warning by federal authorities, who are trying to assert their own influence over day-to-day operations of these legal businesses.

Federal prosecutors don't go to prescription drug companies and make their businesses move if they're within 1,000 feet of a school, even though prescription drug abuse is much more rampant and much more dangerous than medical marijuana abuse. The sad truth is that because this is a hot-button issue and has been for years, there is more scrutiny and more discrimination.

According to the news article, prosecutors in recent weeks sent letters to 23 medical marijuana dispensaries, each located within 1,000 feet of a school. The letters informed these small business owners that they have 45 days to close down or they could end up facing criminal prosecution and asset forfeiture.

Federal prosecutors and local law enforcement officials are working to find more dispensaries that may be within 1,000 feet of schools so they can send out more threatening letters. The number is significant because federal drug penalties can be increased if they are committed within that distance of a school.

Federal officials had previously said they wouldn't use their resources to go after people who were operating in compliance with state medical marijuana laws. But then during the summer, authorities clarified their position to state that they would come after dispensary owners, regardless of whether they are following the law or not.

So what's going to happen here is people who legally rented or purchased office space are going to have to take on major debt to move to a new location, assuming they can find one, and perhaps be put at risk of enduring a lawsuit simply because federal authorities are trying to interfere. Rather than give business owners a normal amount of time to negotiate or try to work something out, federal prosecutors are bullying these people.

The same thing happened in California and is sure to happen in every state that has legalized medical marijuana, unfortunately. With pressure from the feds, landlords and local leaders will crumble and shun medical marijuana businesses, which, in turn, shuns the patients that this industry is aiming to help.

It's a bad cycle that starts with officials looking to garner votes in the current election cycle. It's no coincidence that this has begun happening at a time when political season is heating up and there are major political campaigns going on. It's unfortunate that these business owners and their patients are being used as pawns.

Continue reading "From California to Colorado, Feds Move in and Try to Disrupt Medical Marijuana Industry" »

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" »

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" »

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 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" »

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" »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

-Inland Empire

-Riverside County

-Orange County

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

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

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

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

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

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

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

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

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

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

-Rancho Santa Margarita

-Laguna Niguel

-Lake Forest

-Laguna Hills

-Dana Point

-Temecula

-Wildomar

-Murrieta

-Chino

-Montclair

-Upland

-Claremont

-Pomona

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

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

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

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

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

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

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

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

-The Wildomar Patients Compassionate Group in Wildomar.

-Montclair Caregivers in an unincorporated part of Montclair.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

According to the Los Angeles Times, the City's Attorney's Office is making an attempt to stop a medical marijuana dispensary in Encino from operating before it even opens.

The Los Angeles City's Attorney's Office is looking to file an injunction against the operators of the medical marijuana company, JEP Collective. The Office is also seeking an injunction against the owners of the shopping center that was going to rent space to the business. The stopping center is located on Ventura Boulevard. The city is looking to stop the company before it opens because council members say that the owners of the company and the shopping plaza were going to violate a number of the city's zoning codes as well as the state narcotics abatement law.

Our Las Angeles medical marijuana lawyers understand that city officials across the state continue to throw bogus rules and regulations at these companies. Dispensaries and collectives are both part of a huge industry that the state needs to embrace. Comprehensive reform has the ability to benefit the patients, the owners, the city and the state if executed properly. Strict rules, bogus regulations and complete shutdowns are no way to treat an industry that offers so much to the state. Many times these regulations hurt residents the most as they're unable to obtain critical treatment for a number of diseases, disorders and illnesses.

The injunction was filed after the city attorney's office found out that the shopping center had approved a lease application for one of its units for the medical marijuana dispensary. This specific shopping center is located approximately 200 feet from the St. Cyril's Catholic Church. Also located just 400 feet away is the Valley Beth Shalom synagogue. Both of these establishments conduct classes and services for children on their properties.

According to Los Angeles city law, medical marijuana dispensaries are prohibited from operating within 1,000 feet from libraries, churches, schools and parks.

Under the Medical Marijuana Program, the Compassionate Use Act of 1996 and Proposition 215, patients that are under medical care and primary caregivers are allowed to cultivate and possess marijuana. This only comes after certified physician's approval and recommendation and after the patient received a county-issued marijuana health card.

Medical marijuana has been approved to treat any number of medical conditions, including the following:

-Arthritis

-Cancer

-Arthritis

-Migraines

-Seizures

-AIDS

-Glaucomna

-Muscle spasms

-Anorexia

-Seizures

-Nausea

-Cachexia

-Chronic pain

According to Los Angeles Cannabis Clubs, in addition to California, medical marijuana has been accepted in 12 other states across the U.S.

Continue reading "Medical Marijuana Dispensary in Encino Stopped by City Officials" »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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