L.A. marijuana defense lawyer

February 9, 2018

Two California Cities Erasing Misdemeanor Marijuana Convictions

Thousands of California misdemeanor marijuana convictions could be expunged soon in an effort by leaders in two cities to correct the damage to some communities by a decades-long, failed “War on Drugs.”

Some of the obvious pros for marijuana legalization include economic opportunities, increased taxes flowing in to the state coffers and fewer jails and prison packed with non-violent drug offenders marijuana defense . California is already beginning to experience these perks since the passage last month of the Control, Regulate, and Tax Adult Use of Marijuana Act. The drug is still deemed a Schedule I narcotic under the federal Controlled Substances Act, 21 U.S.C. Section 812.

The issue of non-violent drug arrests and convictions has been a controversial one in recent years, with some politicians clinging to the illogical argument that a failure to crack down on low-level possession leads to widespread and dangerous use. This just isn’t true, but this flawed thinking and aggressive enforcement of arcane laws has dearly cost individuals, families and communities (particularly those that are majority minority). Continue reading

November 4, 2016

LASD Seizes $7M Worth of Marijuana, Edibles in Canyon County Strip Mall

By Cannabis Law Group

With so much talk about the legalization of recreational marijuana in California – it’s on the ballot for next week – it’s tempting to think that arrests for marijuana offenses are a thing of the past. Unfortunately, it seems likely law enforcement and prosecutors will be targeting marijuana growers, distributors and users up until the very last minute. police line

Recently, the Los Angeles County Sheriff’s Department announced it raided a Canyon County strip mall, search warrant in hand, following an investigation sparked by a tip from a local citizen. At the site, investigators reportedly discovered an “elaborate” indoor marijuana cultivation system in several of the units. They also found an undetermined amount of money, plus nearly 2,500 plants in various stages of growth. There was also an additional 200 pounds of the finished product (in the form of dried marijuana buds) seized, as well as an estimated 50 pounds of edible, THC-infused products, such as suckers and cookies. Expensive air filtration systems were reportedly designed to help keep the odor from getting outside.

Although three men were detained at the scene, two were released. A third, a 28-year-old man from Los Angeles, was arrested for possession of marijuana for sales. The combined value of the plants is estimated to be approximately $6.2 million, while the combined value of the dried buds and edible products was approximately $500,000. Continue reading

August 18, 2016

Federal Appeals Court: Feds Can’t Prosecute Medical Marijuana Cases Absent State Law Violation

By Cannabis Law Group

In a major victory for those facing prosecution under federal marijuana laws, a three-judge panel for the U.S. Court of Appeals for the Ninth Circuit ruled unanimously that the federal government cannot prosecute persons who grow and distribute medicinal marijuana so long as they are in compliance with state law. gavel21

The case, U.S. v. McIntosh, is a consolidated appeal involving 10 different cases of interlocutory appeals and petitions for writs of mandamus that arose from three district courts in two states (California and Washington). All defendants in these cases were facing federal charges for violation of the Controlled Substances Act. Each sought dismissal of their indictments or else alternatively to enjoin their cases on a Congressional appropriations rider that would bar the Department of Justice from spending taxpayer money to prevent states from implementing their medical marijuana laws. You may recall that in the last two years, Congress prohibited the federal government from spending money in a way that would block or thwart state medical marijuana laws.

It was the position of federal prosecutors that this ban didn’t undercut their right to go after those who cultivate and distribute the drug under federal law – even in states where marijuana was legal. But now, the 9th Circuit has clearly issued a response to that, which is a resounding: No. Continue reading

July 12, 2016

California Marijuana Company Prevails After Police Raid

By Cannabis Law Group

A recent police raid of a popular Santa Rosa cannabis dispensary that services thousands of medical marijuana patients sparked a huge protest and intense political pressure, ultimately leading to the owner being released with no bail and no criminal charges pending. jail2

The company, Care By Design, is back in business, making its cannabis oil-infused products. Police likely didn’t expect the backlash when they raided the facility, which is run by a prominent, well-connected professional.

Authorities initially arrested Operator Dennis Hunter on charges of spearheading a meth lab-type operation. His bail was set at an eye-popping $5 million. The next day, hundreds of people gathered in front of the Sonoma County courthouse to protest the arrest. Local officials were hounded with a letter-writing campaign. A long-time, respected politician stepped in with his support. City officials then began weighing in. Continue reading