Marijuana Lawyer Blog

Another city in Orange County is sticking it to medical marijuana dispensaries, The Orange County Register reports.

It's been like watching dominoes for our Orange County medical marijuana lawyers, who have seen city after city and county after county bow down to federal authorities and terrified city attorneys, who are trying to put an end to this legitimate industry.

Many local governments throughout California have done their best to disrupt the medical marijuana industry by shutting down medical marijuana dispensaries in Orange County and throughout the state. Some have cited federal pressure, which has been rampant throughout the year and others have pointed to court rulings.

Either way, patients who are desperate for medical marijuana in order to heal the pain of severe illnesses and small businesses that are simply trying to follow the law and run a business successfully are feeling the pinch.

Garden Grove is the latest city to fall victim to independent thinking, when city council members recently voted to suspend the registration of medical marijuana dispensaries, saying they aren't a "marijuana-friendly city." The city has banned medical marijuana dispensaries since 2008, but officials estimate that about 30 have opened up inside the city limits, despite the ban.

As a result, city council members voted last year to approve a registration process to better monitor medical marijuana dispensaries. The city received 60 applicants. But then the city abruptly decided to end that program, leaving those applicants up in the air.

The newspaper reports that the decision was made based on two recent legal developments -- the California Supreme Court has decided to hear four medical marijuana cases after appellate courts made key rulings on the regulation of medical marijuana -- as well as federal pressure from prosecutors who aim to criminally prosecute people under federal drug laws despite following California law.

According to the news article, city officials say they want to "partner" with federal agents to reach a "lawful and fair solution" to medical marijuana in the city. This sounds like language that means the city is ready to do whatever the feds tell them. That doesn't necessarily bode well for those who are trying to provide legal medical marijuana in the city.

But Garden Grove isn't alone in reviewing its city ordinances and local laws. A case out of Long Beach, where an appeals court ruled their lottery system for allowing or rejecting medical marijuana dispensaries was unlawful, is spurring many communities to change their rules or ban the practice altogether until there's some clarity on the matter.

The California Supreme Court recently decided it would take up the issue of medical marijuana, looking at four separate case, including the Long Beach case, in deciding how best to regulate medical marijuana dispensaries within cities while not violating federal drug laws.

Our medical marijuana lawyers just hope that actions by these city leaders, as well as other leaders who are shutting down or not allowing new dispensaries will go by once court rulings clarify the situation in California. We believe that the will of the people is clear and that medical marijuana is here to stay in Orange County.

Continue reading "Garden Grove Stops Orange County Medical Marijuana Dispensary Registration" »

The Press-Enterprise is reporting that the California Supreme Court will review a case out of Riverside after an appeals court ruled that cities and counties have the right to ban medical marijuana dispensaries.

This is huge news because if justices rule that cities and counties don't have the right to ban medical marijuana dispensaries in Riverside and elsewhere, there could be fewer restrictions in place for medical marijuana dispensaries to start up.

Our Riverside medical marijuana lawyers have been following this issue as we represent many medical marijuana dispensary owners throughout California. We are dedicated to reporting the latest news on our Marijuana Lawyer Blog as soon as it comes out.

There have been court cases throughout California challenging medical marijuana dispensaries, as well as city and county bans and ordinances that create systems for where and how these small businesses can operate. It has been a mess because a 2003 law put in place in Sacramento allowed cities and counties to determine their own way to regulate these businesses.

So, instead of creating a formalized rule, lawmakers in each individual city or county are left to make their own rules. As a result, many of these local rules have been challenged in court and they are still in court today.

A November ruling by the Fourth District Court of Appeal has led many local leaders to shut down medical marijuana clinics, including throughout Riverside. That court ruled that neither the 1996 vote or the state's medical marijuana program strip cities from the power of banning the facilities.

Along with a Riverside case, the Supreme Court will look at a Long Beach case that looks at the illegality of marijuana under federal law and whether that preempts local leadership from regulating these businesses. A Dana Point case looks into who should be able to decide when disputes arise between dispensaries and local ordinances that regulate them. Upland's ban is similar to Riverside's.

At its core, the issue come down to whether local governments can ignore state law and whether state law trumps local government authority. However, all of these cases will have a major impact on medical marijuana dispensaries in Riverside and throughout the state.

There are no conflicting appellate court rulings, so the fact that the state's high court has decided to take up these cases show that they are dedicated to clarifying this highly controversial law that has been so disruptive. Without a clear ruling from the top, there will continue to be challenges in local courts for years.

Most medical marijuana dispensary businesses simply want to follow the law. They are small business owners and don't mind regulation as long as they are able to work. But for cities to start banning new dispensaries or trying to shut down others based on a court case is just wrong.

Medical marijuana businesses want to follow the laws and they want the rogue dispensaries and illegal drug trade stopped. Federal government interference has muddied the issue and struck fear in the hearts of local leaders, who have panicked and tried to ban these legitimate businesses without understanding their importance to the community in terms of providing a medicine and tax help.

Our Riverside medical marijuana lawyers will be following these cases closely and will bring any new information as it becomes available. We are dedicated to providing legal representation to those involved in the medical marijuana industry.

Continue reading "Riverside Medical Marijuana News: California Supreme Court to Review City's Ban" »

A recent report by economists determined that states with medical marijuana laws in place have seen a drop in deadly vehicle crashes, The Hartford Courant is reporting.

It is certainly good news for the Los Angeles medical marijuana industry, and researchers are looking at the benefits of medical marijuana aside from the medical advantages.

Our Los Angeles medical marijuana lawyers recognize the benefits of medical marijuana not only for local tax revenue and small business growth, but also the intended purpose of helping people with major medical ailments get the pain relief they deserve.

The research also revealed that people who might regularly drink and drive are smoking marijuana instead, though the study doesn't show whether would-be drunken drivers are driving while high with less-deadly results or they're simply not driving as much.

Research was done by professors in Colorado, Montana and Oregon. They looked at traffic deaths in all states, including the 16 that have legalized marijuana. The data, from 1990 to 2009, shows that in states where marijuana has been legalized, there has been a 9 percent decrease in traffic fatalities.

The numbers show that DUI incidents have been dropping in this country for decades, but the state-by-state data seems to suggest that states with legal marijuana use are seeing bigger drops. Connecticut is one state that is considering the use of marijuana for medical purposes in its current legislative session.

It would make sense that people who are suffering from major medical ailments would use alcohol as a way to cope with their problems. Often, that leads to drinking and driving. But marijuana use is more likely done at home and not in public, for fear of being arrested. So, if the person is already home, they are less likely to get behind the wheel while they are high on the drug.

The study asserts that states with medical marijuana laws in place allowed some people to have marijuana for recreational purposes either through illegal means because of law-breaking distributors or for those posing as would-be patients.

Either way, researchers believe recreational drug users are drinking less alcohol. Based on national surveys about drinking habits, states where marijuana is legalized showed a 9- to 12-percent drop in mean number of drinks consumed by month for men and women.

Beer sales, on average, dropped by about 5 percent in states where medical marijuana is legalized as well. Researchers found there was no change in sales of spirits or wine, which correlates with young people using more marijuana as a substitute for beer, the most popular alcoholic drink for young people.

Opponents will look at this study and use it to prove that in states where medical marijuana laws exist young people are getting more access to illegal marijuana. But supporters will use it to show that traffic fatalities being reduced is a major benefit of implementing medical marijuana laws.

To argue that young people are getting access to marijuana for illegal use only in states where it is legal for medical purposes would be ignorant. But to argue that use of alcohol by young people is more dangerous than marijuana would be a sound point. Far more people die in DUI-alcohol accidents each year than in DUI-marijuana accidents.

Continue reading "Report: Medical Marijuana in California Reduces Traffic Fatalities" »

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" »

Los Angeles' city attorney wants the council to create a "gentle ban" that would put medical marijuana dispensaries in Los Angeles out of business.

According to the Los Angeles Times, the city attorney and staff are asking council members to revoke the ordinance that is currently in place, which creates a lottery system to determine which dispensaries to allow into the city. The reason for the request is that a court ruling in Los Angeles recently found that Long Beach, which had a similar lottery system, violated federal law.

Our Los Angeles medical marijuana lawyers believe this is far from a "gentle ban," but more of an outright abuse of power by these city officials. Voters clearly spoke in 1996 when they approved marijuana for legal, medical use in California.

Now, city leaders are abusing the power given to them under a 2003 law by trying to ban these legitimate businesses altogether. This is another form of discrimination.

In October, an appeals court in Los Angeles ruled that Long Beach's lottery system violated federal law. The decision was made based on the grounds that the city was essentially sanctioning the distribution of an illegal drug.

Luckily, Long Beach is appealing to the state Supreme Court to find out what limits cities and counties will have to control dispensaries. City leaders say Los Angeles' medical marijuana ordinance has been challenged more than 60 times through lawsuits, costing the city millions of dollars in legal fees.

The city attorney and staff told city leaders that it is just a matter of time before the city's ordinance is struck down by courts, just like the Long Beach city ordinance was. Under the new proposal, patients or caregivers who grow their own marijuana wouldn't face criminal prosecution as long as no money was being exchanged and there were no third parties involved.

Medical marijuana supporters say the move is simply one based on political motives, as city attorney Carmen Trutanich is planning a run for district attorney. Others attribute the move to "rogue" dispensaries that have popped up in recent years, giving a bad name to legitimate businesses.

Police officers gave testimony to city leaders recently, saying that crime is up in areas where there are medical marijuana dispensaries, brushing all businesses with the same broad stroke. It's the same rhetoric police and anti-medical marijuana people have been using for years.

Many medical marijuana patients don't have the time or means to grow their own drug, so what's going to happen if there is a ban on dispensaries? They're going to find illegal drug dealers to fill the void and that's going to lead to more crime, more arrests and more problems.

Instead of creating a ban, maybe city leaders should work with a group of legitimate medical marijuana dispensaries in the city and come to an agreement on workable terms. That would be more productive than an outright ban.

Continue reading "Los Angeles Proposes "Gentle Ban" on Medical Marijuana Dispensaries" »

The Associated Press recently reported that many states, including California, have had to deal with conflicts because while voters have sought and lawmakers have approved medical marijuana, the laws have given individual communities the right to lock them out or shut them down.

Such has been the case recently in Riverside County, where authorities continue to try to shut down medical marijuana dispensaries despite the state law legalizing them. We recently reported on our Marijuana Lawyer Blog the struggles these business owners are having.

Our Los Angeles medical marijuana lawyers are dedicated to helping those who are involved in this industry.

But it has been a difficult road for those involved with medical marijuana in California because of the backlash that some people have displayed on this industry. There has been pressure from federal prosecutors, who have threatened to file criminal charges against those involved in the industry.

Even though it's legal to run these businesses in California after getting clearance from local and state officials, the threat of criminal charges and jail or prison time has done unending damage. Many landlords have threatened to kick out medical marijuana dispensaries after they were told by law enforcement that they could face charges for harboring criminals.

These threats worked. Many landlords who rented space to people who were legally operating these businesses succumbed to the pressure and quickly kicked them out, even in cases where leases were in place. This caused medical marijuana dispensaries to lose money and business, requiring they find a new office as well as reconnect with their customer base.

On top of that, many people had to pay more for rent the second time because in order to take the risk of prosecution, some renters used that threat as a way to jack up rental fees. Everyone's looking to make a buck.

As the Associated Press reports, not only have landlords taken these threats to heart, but so have local lawmakers. After the threat of prosecution and the reminder that California's state laws and the federal government's drug laws vary, some local politicians began putting pressure on local medical marijuana businesses.

As the article states, statewide, there are 185 cities and counties that have banned dispensaries entirely. In other states, including Colorado, New Jersey and Maine, honest businessmen and businesswomen have struggled to run their businesses while finding governments that are willing to let them in.

Sadly, local leaders believe this is going to solve the problem of illegal marijuana use. But, actually, it's hurting their cause. For many patients who have the legal right to use marijuana, they are turning to the black market to get their medicine of choice.

The story reports that 60 governments in California have local rules for dispensaries, including where they can be located. A 2003 law left much of the power for this industry up to local leaders. Medical marijuana supporters believe that many cities have used this power to essentially ban dispensaries, despite the law in place on the state level.

Continue reading "Riverside County Dispensaries, Others Come Under Fire For Medical Marijuana" »

Mendocino County officials have suspended a program to distribute medical marijuana cultivation permits based on a Los Angeles court ruling that challenges whether permits should be issued by local governments for activities that federal law says are illegal, the Associated Press reports.

This is major news for the Los Angeles medical marijuana industry because if other cities and counties follow suit, this could be especially disruptive for not only the businesses dealing with this drug, but also the patients who rely upon it.

It's likely that experienced Los Angeles medical marijuana attorneys will be needed to step in and fight on behalf of the patients, collectives and dispensaries that are threatened by this action. Mednocino County is north of San Francisco Bay.

According to the news report, the permits in that county allow medical marijuana collectives to stock up to 99 plants under a structure that requires inspections and identification for each plant with zip ties. The permit application and inspection cost $1,500 and each zip tie issued costs another $50. Sheriff's officials conduct monthly inspections and those cost between $300 and $600 per month.

The county sheriff raked in $660,000 during a six month period based on the program, the report states. But county officials told the sheriff to suspend the program this year after a case out of Los Angeles -- Pack v. Superior Court of Los Angeles. A state appellate court ruled that the Los Angeles local governments lack the authority to continue permitting medical marijuana. The California Supreme Court has a deadline of Feb. 8 to decide whether it will hear the case.

The dispute is based on challenges to officials in Long Beach, who created an ordinance that requires permits for medical marijuana collectives. As in this county, it charged fees for permits, but it has paid back about $700,000 in fees since then.

Given that medical marijuana in California is such a big issue, it would seem logical that the supreme court would look at the case and make a ruling either way. The additional pressure from federal prosecutors in the past year makes this is a legal topic subject to much debate.

"The Pack court also stated that Cities could be in compliance with Federal law if they passed laws which "further restrict" the medical marijuana laws of the State," said CANNABIS LAW GROUP Attorney Damian Nassiri. "Such as restricting their hours of operation from 10am to 6 pm or restricting their location. These types of laws would not be preempted by Federal law because they are not in conflict with the federal laws."

If the state's high court rules that local governments don't have the authority to regulate medical marijuana cultivation or distribution, it could derail the entire industry. It may be more likely that the court could rule that governments simply can't charge fees to these businesses.

And that could actually be good for the industry. If fees are waived, these businesses may end up better able to survive and serve patients. Prices would go down for patients and everyone would benefit.

But anytime there is a court case hanging in the balance, one has to wonder what will happen and what affect it will have on the entire industry. One case can affect thousands of people throughout California.

The smart thing for cities and counties would be to continue doing business as usual until a final ruling is made on this case. Other courts could have different opinions and what is a decision in one court could change within a matter of months. Our Los Angeles medical marijuana lawyers will continue monitoring this case and bring the latest information to our Marijuana Lawyer Blog.

Continue reading "Bay Area County Stops Medical Marijuana Program Based on Court Case" »

A recent mobile home fire in Michigan is catching heat after authorities say it was the site of a medical marijuana operation. The fire killed seven pets, the Detroit Free Press is reporting.

Bad press like this is the type of thing that hurts the Los Angeles medical marijuana industry because it gives uninformed people more reason to question the validity of the industry.

But while the naysayers continue their conquest to try to shut down this legal and helpful industry, our Los Angeles medical marijuana lawyers will continue to be dedicated to helping those who are trying to conform to the laws that California voters approved more than a decade ago.

According to a newspaper report, the house fire broke out one recent morning in a mobile home park in a town called Harrison. Fire department officials said that two grow lights were plugged into an outlet, which created an overload situation. The 34-year-old man who lived at the residence had a valid medical marijuana card.

The man and a woman, 50-years-old, were both able to escape once they smelled smoke. Two dogs, three ferrets and two cats died in the fire, officials said. A dog, which was found hiding inside the home survived after firefighters were able to put out the blaze. The trailer was destroyed in the fire.

In other cases of a house fire, people likely would feel sympathetic for homeowners who lose possessions in an accidental blaze. But if medical marijuana is mentioned, some in the community will look to the incident with a different point of view.

Others might chime in that it is a prime example of what is wrong with the medical marijuana industry, that clearly that was the reason for the tragedy and therefore all medical marijuana should be eradicated. There are extreme opinions on both sides of the issue. But our medical marijuana lawyers know that industry officials and patients alike will continue fighting for what's right.

What's right is that California voters overwhelmingly wanted medical marijuana legalized and did so in 1996. Since then, the industry has come under fire not only from anti-marijuana groups, including the federal government, but also local leaders who are misinformed about the facts of marijuana and its uses for cancer and other debilitating diseases.

But supporters will continue to fight for their rights, which include the legal cultivation, dispensary and use of marijuana for those who have the prescribed right to do so. While there is an ugly black market for drug sales and use, the same can be said for prescription drugs, gun manufacturing and other industries that don't come under the same pressure.

Hopefully we will see the day when lawmakers, law enforcement personnel and others in power see medical marijuana not only as a legal business, but one that has enormous benefits for its citizens. Through major tax contributions and helping the sick, this industry does far more good than bad.

Continue reading "More Bad Press For California Medical Marijuana Won't Stop Industry" »

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" »

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" »