Marijuana Lawyer Blog

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" »

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

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

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

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

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

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

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

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

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

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

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

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

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" »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 " »

California voters legalized the use of medical marijuana in Los Angeles as long as it was recommended to them by a physician. That law is still being contested despite being on the books for 15 years.

Statistics report that more and more residents are using the drug as a medical treatment and those opposed to the drug are calling the state out; they claim it is allowing use for illegitimate medical reasons. Advocates continue to say that the drug is hardly every abused and many residents consume the drug for its intended purposes. The battle is seemingly never ending.

To help clear up some of the confusion, a study was conducted by researchers at the University of California, Santa Cruz, to take a look at product usage throughout the state, according to The Sacramento Bee. The study also analyzed the population and the characteristics of the state's medical marijuana users. This study most likely won't solve the ongoing debate, but it will help to get some detailed insight into the industry and the supporters of it.

Our Orange County medical marijuana attorneys understand the issues and are dedicated to fighting for the rights of patients and collectives. Many who oppose medical marijuana treatment are just looking for a way to point the finger at the industry in an attempt to shut it down. The truth is that time and time again allegations have been made against medical marijuana only to be proven false, yet this legal industry continues to fight to remain legal in a state where it's already been legalized.

The authors of the study looked at information from nearly 2,000 consecutive admissions to nine medical marijuana assessment clinics that operate in the state of California.

The report found the following:

-About 75 percent of medical marijuana patients were male.

-About three-fifths of the patients were Caucasian.

-These people were classified as "younger" and "had more years of formal education" and "were more often employed."

-About 28 percent of all patients were ages 25 to 34.

-Roughly 21 percent of patients were ages 35 to 44.

-Approximately 20 percent of patients were ages 45 to 54.

-Patients most often reported the need for medical marijuana to help relieve pain, anxiety, spasms, to help them sleep and cure headaches.

-Most patients report that medical marijuana provides them with a therapeutic benefit.

-Nearly 80 percent of patients said that they have in fact tried other medications from their physicians before trying marijuana. Most of these prior prescriptions were opiates.

-Nearly 60 percent of medical marijuana users say that they use cannabis before going to sleep.

-About 40 percent of patients use less than 3 grams of the drug a week.

-Nearly 40 percent of patients use 4 to 7 grams of cannabis a week.

-About 23 percent report that consume more than 7 grams a week.

"Compared to earlier studies of medical marijuana patients, these data suggest that the patient population has evolved from mostly HIV/AIDS and cancer patients to a significantly more diverse array," the study concluded.

So, we're still left with no answers. All we know now is that the industry is evolving, but what industry isn't? If anything, these results show that there's less of a stereotype for users than the prejudice public first believed.

Continue reading "Study to Debunk Stereotype of Medical Marijuana Patients in Los Angeles and Elsewhere" »

We recently discussed the regulations and bans on the medical marijuana industry throughout the state of California on our Medical Marijuana Attorney Blog. This is the second entry of the two-part blog discussing how medical marijuana in Los Angeles and elsewhere in California, made legal by the citizens of California, is being regulated by local government.

Our Orange County medical marijuana attorneys would like to remind you that medical marijuana was approved, through Proposition 215, back in 1996. Patients and caregivers who possess or cultivate marijuana that have been recommended by a physician are exempt from criminal laws.

Although users in the state of California are safe under state law, cities continue to pull out all the stops in an effort to shut down the industry, according to The San Diego Union Tribune.

Lemon Grove

Currently, Lemon Grove effectively manages to ban medical marijuana collectives since they're not allowed under current zoning laws, according to City Manager Graham Mitchell.

National City

Recently, City Council adopted a new land-use code. This code effectively banned all medical marijuana dispensaries as of June 21st. The National City Police Department recently gathered new information through the Drug Enforcement Agency that concluded that marijuana is a "dangerous, addictive drug that poses significant health threats to users." This only offered further justification for the city and its theory that marijuana is dangerous and should be banned because it is still classified as a Schedule I drug.

Oceanside

In 2010, the city was able to effectively ban medical marijuana dispensaries through a small change in its zoning ordinance. Under its new policy, uses that are not explicitly covered by the zoning ordinance are prohibited, including single-family dwellings occupied by multiple adults or marijuana dispensaries.

The city is still facing the concerns of dispensary directors as they're still seeking an amendment that would add these businesses to the city's list of permissible land uses. If collectives were added to this list, they would then be required to apply for a permit. This proceeding would allow the city's planning commission or city council the ability to impose a number of regulations on the dispensaries' operations.

Recently, a judge ordered two of the city's dispensaries to close because they were operating without business licenses.

Poway

As of the 6th of July, all medical marijuana dispensaries, cooperatives and collectives were temporarily banned. The urgency ordinance put into effect by the city is set to expire in 45 days from that data. City Attorney Morgan Foley says that the city called for this urgency ordinance to protect itself from having to consider a dispensary while new rules were pending since a co-op was currently in the process of opening just outside El Cajon. At least one operator applied for a license before the ordinance took effect.

San Marcos

San Marcos became the first city to fully ban medical marijuana dispensaries. Jacqueline Vinaccia, an attorney representing the city, says that the ban was consistent with Proposition 215 because that measure doesn't restrict individual cities from regulating land use.

Back in 2010, the city initiated enforcement efforts against a number of medical marijuana dispensaries. The city has secured temporary and preliminary injunctions against four of them. Three of the dispensaries say they can no longer operate under these conditions. The fourth case is still pending.

Santee

June 23rd ended a two-year city moratorium on medical marijuana dispensaries in this city. Zoning regulations still make it impossible for any collective to operating legally. .

Solana Beach

Solana Beach Municipal Code does not permit medical marijuana dispensaries.

Vista

Medical marijuana dispensaries are also not listed as a permitted use in the city of Vista. The city prohibits any activity that is illegal under state or federal law. The city is currently taking legal action against some operators.

Continue reading "Medical Marijuana in Los Angeles and Elsewhere Regulated by Local Leaders" »