Marijuana Lawyer Blog

A breakdown of voting for Proposition 19, California's marijuana legalization effort, found support was strongest in the Bay area but failed in the Emerald Triangle, the Los Angeles Times reported.

Our Los Angeles marijuana defense attorneys noted last month that penalty for possession of up to an ounce of marijuana was reduced from a misdemeanor that required a court appearance, to an infraction punishable by no more than a fine. But Proposition 19 would have made recreational marijuana use legal, permitted possession of up to an ounce by anyone over the age of 21, and allowed for the growing of marijuana in an area of up to 25 square feet.

The measure failed 54 to 46 percent. Supporters vow to have it back on the ballot in 2012.

The strongest support was in San Francisco, where it passed, and in five surrounding counties. San Francisco residents favored the measure 65 percent to 35 percent. The measure also found support in the Central Coast counties of Monterey, San Luis Obispo and Santa Barbara, as well as the eastern counties of Alpine and Mono.

Voters in Los Angeles County voted against the issue 53 percent to 47 percent. The area is home to a quarter of the state's voters. The heaviest opposition was in Colusa County, where 68 percent opposed it.

Another area of poor showing was the "Emerald Triangle," where part of the economy depends on marijuana. Growers there were worried that legalized marijuana could hurt the market for their medical marijuana, which hurt the initiative in Humboldt, Mendocino and Trinity counties.

Continue reading "Los Angeles, marijuana growers in the Emerald Triangle, sunk Proposition 19" »

The marijuana legalization effort is not going away. But Tuesday's defeat of Proposition 19 makes the fight against the assault on California's legal medical marijuana industry all the more urgent.

Our Los Angeles medical marijuana collective attorneys urge anyone with a stake in the fight -- whether patient, grower or dispensary -- to aggressively stand up for their rights under the laws that have made medical marijuana legal in this state for 15 years. With those laws also under attack, the only defense is an aggressive offense. Unless we let it be known that those who enforce the laws must also obey the laws, then it doesn't matter how many different ways we legalize marijuana.

The Los Angeles Times reports that supporters of the effort to legalize marijuana in California plan to be back on the ballot in 2012. The measure was defeated 54 percent to 46 percent.

As we have reported before here on our Marijuana Lawyer Blog, the fight would have likely just begun with the passage of Proposition 19.

The federal government could have challenged the law. And even the Los Angeles County Sheriff said he would ignore it and continue to make arrests, apparently for activities that were no longer illegal (yes, good luck with that sheriff).

With the legal medical marijuana industry under attack in Los Angeles, we need to convince the politicians and bureaucrats to obey existing laws before the creation of new ones will ensure the protection of a citizen's rights.

Continue reading "Failure of Proposition 19 highlights need to fight for the rights of medical marijuana patients and dispensaries" »

The Oakland Tribune is reporting that hundreds of doctors have turned to specializing in marijuana, making medical marijuana in Los Angeles and throughout California far easier to get than in the other 13 states where it is legal.

Should voters pass Proposition 19, California's legalization effort, at the polls today, the newspaper contends that could change. Our Los Angeles marijuana defense lawyers are not so sure. With state and federal challenges a virtual certainty, and with the legal marijuana dispensary industry already under attack, we think prescription marijuana is going to be the safest bet for many users, at least in the immediate future.

While the paper contends the state's 1996, medical marijuana law has become legal cover to smoke cannabis, we would point out that it remains under attack nearly 15 years after its passage. To think Proposition 19 is going to pass today, and that you are then going to be able to buy marijuana at your local neighborhood convenience store anytime soon, is absurd.

California's medical marijuana law permits prescription for any illness for which marijuana provides relief. In many other states, the medical marijuana law is much more specific and mentions diseases by name, including AIDS and cancer. Of California's 100,000 licensed doctors, advocates estimate just over 1 percent, or about 1,500, have prescribed marijuana to at least one patient. About 400 to 500 physicians account for the vast majority of recommendations.

Continue reading "Voting for Proposition 19 today will not put marijuana at your local convenience store tomorrow" »

What is it with the Los Angeles sheriff's obsession with marijuana?

Our Los Angeles marijuana dispensary lawyers have reported on our Marijuana Lawyer Blog that the sheriff has blamed legal medical marijuana businesses for being victimized by crime. And we also noted the sheriff spent his resources conducting raids for pot-laced suckers,brownies and rice treats.

Now the department has issued a warning to parents to watch out for such treats in their trick-or-treat bags, the L.A. Times reports.

We think that is about as likely as someone tossing six packs of Budweiser or prescription medication into children's treat bags. Sheriff Lee Baca opposes Proposition 19, California's legalization effort, and has said he will continue to arrest growers even if it's approved. Meanwhile, his department has issued the warning claiming the marijuana snacks and candies, similar to those confiscated from legally operating marijuana dispensaries, could end up in the treat bags of children.

The department has never received reports of such an incident actually happening, the Times noted.

And, if Proposition 19 passes, and the sheriff continues his crackdown, he will be breaking the law. The sooner he gets used to that reality, the better it will be for everyone.

Continue reading "Los Angeles sheriff continues his bizarre campaign against marijuana by warning parents to check trick-or-treat bags" »

Proposition 19, California's marijuana legalization effort, will run television ads in the Los Angeles area in the closing days of the campaign, the L.A. Times reported.

As our Los Angeles medical marijuana defense attorneys reported recently on our Marijuana Lawyer Blog, political pundits placed part of the blame on a recent 10-point deficit in the polls on the fact that Proposition 19 supporters have lacked the funds to mount an aggressive statewide television campaign.

Beginning Tuesday, and running through the final week to election day, the commercials will air featuring retired San Jose Police Chief Joseph D. McNamara endorsing the initiative.

It is the first campaign supporters of the initiative have put on television. A spokesman said the campaign will spend $170,000 to run the commercials on cable television through election day.

He said he hopes the modest buy of television time can be expanded into other markets though the donations of supporters.

The spot will feature McNamara wearing a suit and tie and speaking directly to the camera. He will say his 35 years in law enforcement have convinced him that the war on marijuana has failed.

"Today, it's easier for a teenager to buy pot than beer," he says. "Proposition 19 will tax and control marijuana just like alcohol. It will generate billions of dollars for local communities, allow police to focus on violent crimes and put drug cartels out of business."

Meanwhile, the California Chamber of Commerce is spending $250,000 in radio ads aimed at beating the initiative. The chamber vaguely claims the proposition would hurt California's economy and make it tougher to create jobs.

The legalization initiative is supported by the National Black Police Association and 48 current and retired law enforcement veterans.

Continue reading "California marijuana legalization supporters to air television ads in Los Angeles" »

The latest poll to gauge support for Proposition 19 has found that California's marijuana legalization effort is trailing badly, the Los Angeles Times reports.

Our L.A. medical marijuana dispensary lawyers don't put a lot of faith in these polls, particularly when it comes to the marijuana legalization issue. Such polls are typically conducted by calling home telephones, and therefore over represent the older vote. College students or those without landlines -- virtually everyone under 30, let's say, are much more likely to support the legalization effort. These same voters are usually drastically underrepresented in polls.

The Los Angeles Times/USC poll found the issue trailing by a margin of 51 percent to 39 percent. As we reported on our Marijuana Lawyer Blog, the issue has been leading in many previous polls. Politicos contend supporters of the measure are short on money and have not been able to run the kind of television campaign that is critical to success in a state the size of California.

The measure would permit those over the age of 21 to possess up to an ounce of marijuana and to grow marijuana in up to 25 square feet of space.

The poll found a slim margin of support among Democrats while Republicans were opposed by a margin of 2-1. Men were evenly split, while women leaned against.

Continue reading "Latest poll has Proposition 19, California's legalization effort, trailing badly" »

Possessing up to an ounce of marijuana in California has been reduced from a misdemeanor to an infraction and is now no more serious than getting a speeding ticket, the Associated Press reported.

Our Los Angeles marijuana defense attorneys recently reported on our Marijuana Lawyer Blog that the legislature passed the law, which reduced possession of marijuana from a misdemeanor to an infraction. The maximum fine remains $100.

In signing the law, Gov. Arnold Schwarzenegger said he does not support decriminalization of marijuana but noted the new law will save the state courts millions of dollars in processing misdemeanor marijuana offenses.

"In this time of drastic budget cuts, prosecutors, defense attorneys, law enforcement and the courts cannot afford to expend limited resources prosecuting a crime that carries the same punishment as a traffic ticket," the governor said in a statement.

The change in legal status comes as voters prepare to weigh in on Proposition 19 this November. That ballot initiative would legalize possession of up to an ounce of marijuana by adults over 21.

California Department of Justice records show that authorities made more than 60,000 misdemeanor marijuana arrests in 2008.

"The governor made a good decision," Los Angeles Marijuana Defense Attorney Damian Nassiri said on his Marijuana News Blog. "The last thing we need is to clog up our jails with people who use marijuana medicinally or recreationally."

Nassiri noted the cost savings is a given because the state will not "have to spend money paying prosecutors and law enforcement to fight a senseless war on marijuana."

Continue reading "Possession of less than an ounce of marijuana reduced to infraction status in California " »

The National Black Police Association's announcement that it will support California's marijuana legalization initiative is a high-profile boost to backers of Proposition 19, the L.A. Times reports.

About 30 other police officers and law enforcement officials have also supported the measure.

Our Los Angeles medical marijuana defense lawyers continue to monitor the legalization issue even as or marijuana dispensary attorney fight for the rights of collectives and dispensaries throughout the L.A. area.

We reported earlier this month when the California NAACP endorsed the measure, saying marijuana laws disproportionately targeted African Americans. The police association's executive director made a similar argument to the Times.

"It means that we will be locking up less African American men and women and children who are using drugs," said Ron Hampton, a retired Washington, D.C., police officer with 25 years experience. "We've got more people in prison. We've got more young people in prison. Blacks go to jail more than whites for doing the same thing."

He said money spent on the war on drugs could be better spent on job creation, housing and education.

Both the state NAACP and Law Enforcement Against Prohibition, will seek to broaden support for Proposition 19. The measure will allow those over the age of 21 to grow small amounts of marijuana and to possess marijuana in quantities up to an ounce.

The Drug Policy alliance contends that African Americans account for 22 percent of all marijuana arrests even tough they comprise only 7 percent of the population.

Continue reading "Black Police Association supports California's marijuana legalization initiative" »