Articles Posted in California cannabis DUI

While medical marijuana is legal in Los Angeles pursuant to state law, and the use and sale of recreational marijuana is going to be legalized in 2018, it is still illegal as it a Schedule One controlled substance on the U.S. Controlled Substances Act of 1970 (USCSA).  This means that a marijuana industry business owner cannot have a bank account for his or her business.  This results in business owners having little choice but to store large amounts of cash on hand at all times and that makes them targets for robbery. This is addition to the large amounts of marijuana on hand that is also a target for robbery.

medical marijuana lawyers LAAccording to a recent news article from NBC 4 News, a dispensary in North Hollywood was robbed in what police have described as a takeover robbery.  The alleged offense involved four suspects, two male and two females who rushed into the Los Angeles medical marijuana dispensary with various firearms and took large amounts of cash and marijuana. During the robbery, the suspects attempted to destroy the security cameras, but it appears that some footage was captured prior to that.  A worker at the dispensary allegedly recognized one of the suspects as a regular patient at the dispensary.  When the police were called, they stopped a vehicle matching the description of the suspect’s vehicle, but it was not the correct car. Continue reading

The Orange County government controls the unincorporated areas of the county.  According to a recent news article from the Los Angeles Times, Orange County officials are taking steps to ban the sale of marijuana and the distribution of marijuana within its jurisdictional limits.

marijuana attorneyA new ordinance was preliminarily approved by the Orange County Board of Supervisors with all but one supervisor voting in opposition to the proposed measure.  Supervisor Shaw Nelson argued that this proposed ordinance is contrary to the desires of the voters of California who voted to legalize the sale of recreational marijuana in our state. Continue reading

One of the main arguments against the legalization of marijuana, other than the long- disproved gateway drug theory, is that there will be more cases of people driving under the influence of marijuana.  This is not necessarily the case, but regardless of whether there were be more people driving under the influence  of marijuana in Los Angeles, is how the police and prosecutors will try to prove someone is under the influence at the time they were driving.|

cannabis technology lawyersWhen someone is driving while intoxicated by liquor, there is no question as to the effects alcohol has on a person’s ability to drive, and the National Highway Traffic Safety Administration (NHTSA) has amassed decades of research.  For example, at .08, which is the legal limit in California, a person will have poor muscle coordination, having trouble detecting danger, a lack of judgement and self-control, impaired ability to concentrate and many other physical and mental issues that makes it dangerous to drive. Continue reading

Marijuana has created a confusing legal vortex for the enforcement of impaired driving laws. In contrast to alcohol, there is no set blood level at which a driver is legally impaired by marijuana. California’s new recreational marijuana law also makes it more difficult for an officer to determine whether a driver has exceeded the allowable limit of marijuana for personal use. Finally, federal law makes the transportation of any amount of marijuana a federal crime. While the Department of Justice has not, historically, expended funds for the prosecution of defendants who were following state law, this is a policy choice which is subject to change with each new administration. cannabis DUI lawyers

The Preliminary Determinations in a DUI Investigation

Before determining if a driver is impaired, law enforcement officers must first determine whether the driver has a legal right to possess or consume marijuana at all. Prior to November 9, 2016, California drivers could only do so by the possession of a valid medical marijuana card. Now – with the legalization of recreational marijuana – any person in California may possess up to one ounce of marijuana or six plants. An officer who pulls over a California driver on suspicion of DUI must therefore first determine: (a) if there is marijuana in the vehicle, and (b) whether it exceeds the legal limit.

While Californians may have a right to possess marijuana, it is still illegal to drive with an open container of marijuana in the vehicle. According to the Sacramento Bee, this applies to any receptacles or marijuana products that are open, have previously been opened, or have a broken seal. Continue reading