Articles Posted in California marijuana criminal defense

With wildfires tearing across California, many homes are being destroyed, as are other businesses including medical marijuana farms, and unlike other businesses, these farmers cannot have insurance policies on their grow operations because federal law prohibits insurance carriers from writing such policies.marijuana attorney

According to a recent news article from the Cannabist, a company that runs a major online crowdsource, has just pulled the plug on a campaign hosted on their platform to raise money for  the farmers who lost a great deal to the massive wildfires in Northern California. There were already many donations on the site that totaled over $13,000 before the campaign was terminated. Continue reading

San Diego has been notoriously tough on marijuana law enforcement. City and county authorities have been shutting down illegal grow houses and business operations for many years. In March 2017, the police and city attorney’s office began a targeted crackdown on illegally-operated dispensaries. KPBS reports that sixty marijuana dispensaries were shut down in the first six months of the program. And yet, as raids expand, and authorities collect hundreds of thousands of dollars in cash and pounds of marijuana, some question whether the enforcement tactics have gone too far.cannabis defense attorneys

A Shocking Case Study

There is perhaps no stronger argument for the overreaching of authority by the San Diego District Attorney’s Office than its treatment of a defense attorney. The attorney represents a marijuana distributor, Med-West, which has been under investigation by the DA’s office, in spite of the evidence its corporate officers have consistently provided to establish that it operates lawfully. In the course of her representation, the attorney sent an email to the client containing the words “plausible deniability”. This email was the basis of a criminal indictment of the attorney for being an accessory to a crime after the fact. Not only was the attorney indicted in blatant disregard of her client’s attorney-client privilege, but she was also treated with a surprising amount of aggression in the execution of the resulting warrant. She was arrested by an armed SWAT team at the home she shares with her boyfriend and mother. There, handcuffed and still in pajamas, her arrest warrant was read aloud “just loud enough for the neighbors to hear”. Continue reading

California is poised to instantly create the country’s largest marijuana market when it begins legal sales of recreational cannabis products on January 2, 2018. Being the largest marijuana market comes with other, more dubious distinctions, as well.

The Sacramento Bee reports that 75 percent of the total numbers of indoor plants seized by the United State Drug Enforcement Administration in 2016 were taken from California. This figure does not include those plants seized by state and local authorities. These numbers are also significant: according to U.S. News and World Report, a single crackdown in Calaveras County resulted in the seizure of 27,000 plants over four days. CBS Sacramento reports that thirty-eight pounds of marijuana were seized in one arrest on the I-80.The defendant was arrested north of Lake Tahoe, and eventually booked into a Nevada County Jail on three counts of narcotics trafficking.cannabis defense attorneys

Why the Number is So High

Interestingly, the 2016 number was more than double the number of indoor plants seized by the D.E.A. in California in 2012. So why have indoor grows increased so quickly in California? According to a D.E.A. report, indoor production has two key advantages: it does not rely on outdoor climate conditions or growing seasons, and it is more difficult for law enforcement officers to discover that open outdoor grows. Outgrow grows can cause other legal complications, too: many outdoor grows in California have been conducted on federal lands. Marijuana is entirely prohibited on federal lands. No state permit, license, or compliance can protect a defendant from being prosecuted under federal law if he or she grows marijuana on federal lands within state borders. Continue reading