Articles Posted in California marijuana criminal defense

Los Angeles marijuana attorneys know the cannabis industry has worked diligently since Proposition 64 was passed to shed its past image of lawlessness. An alleged plot in San Diego isn’t helping, though the case has helped bring to light certain marijuana businsess regulatory loopholes that state lawmakers are now working to address. Los Angeles marijuana lawyers

Local news media is reporting a prominent property owner and marijuana owner, along with two associates, is accused of cooking up a plan to kidnap and murder a business partner while in Mexico. He has been arrested on charges of criminal conspiracy, leaving the Southern California cannabis community stunned. Many trade industry groups have refused to discuss this case, and while our Los Angeles marijuana attorneys will point out that the accused is innocent until proven guilty, it is important to point out that even if proven, this conduct is not reflective on the rest of the cannabis business community – despite the way in which staunch prohibitionists in many communities will undoubtedly attempt to twist it.

The truth of the matter is concerns regarding public safety that were raised time and again by die-hard cannabis prohibitionists haven’t been realized. The truth of the matter is in San Diego, where these individuals reportedly worked, has not reported any noticeable uptick in violence among operators of the city’s lawful marijuana dispensaries. Of those violent incidents that have been reported, almost all involved illegal, unregulated cannabis dispensaries. Legalization and regulation is a form of protection not only for owners and operators of the business itself, as well as neighbors, customers and connected industries.  Continue reading

A couple from Minnesota was recently convicted on federal possession with intent to distribute charges after they were accused of hauling more than 1,000 pounds of California cannabis in their RV and were on their way home when they were stopped in Montana. They face between 5 and 40 years in prison for the charges, plus a $5 million fine and up to four years of supervised release. It’s not clear exactly how officers were tipped off to the pair, though Los Angeles marijuana business lawyers understand Montana authorities were notified via the Minnesota drug task force before they were stopped leaving a casino. Defendant reportedly told authorities he was paid $20,000.Los Angeles marijuana lawyer

Transport of marijuana across state lines has always been a federal crime, and the fact the drug can now be obtained legally by adults in states like California has not changed that. Even traveling from a state like Washington to California – where the drug is legal for recreational purposes in both states – is technically a crime in the eyes of federal law. It may even be considered trafficking, and you could face five years in prison for possession with intent to distribute as little as 50 grams.

Practically speaking, if you transport cannabis across state lines from one state to another where both have legalized cannabis for recreation, you may not incur any serious penalty. But if this is something you are thinking about or planning, take no action before first speaking with a Los Angeles marijuana attorney because technically, to do so IS a crime. Continue reading

For as long as the people of California have sought marijuana, the black market has existed. Even when the state legalized medicinal use in 1996 and then paved the way for lawful recreational use with a ballot measure last year, Los Angeles marijuana lawyers know the reality is illicit pot shops and sales have always outpaced the legal market. The hope was we’d see a shift, a significant tapering off of demand for illegal marijuana now that with recreational pot now available. But as of right now, they have retained a larger hold than facilities operating according to the stringent regulatory guidelines set forth by state and local officials.Los Angeles marijuana lawyers

Los Angeles marijuana lawyers had seen many long-time operators on the California cannabis scene try to work their way into the newly-forged legal market to finally be legitimate, only to end up continuing to work the riskier – bit more lucrative – illicit market. This includes unlawful medical marijuana collectives, cannabis delivery services and cultivation farms that haven’t been properly vetted according to stringent state law.

Some of these individuals are focused on pursuing “OT” money, generated from “out-of-towners.” Of course, such sales are especially risky because, as our Los Angeles marijuana lawyers know, rules can vary from city to city and certainly from state-to-state and country-to country. Black market sales are playing with fire given the uncertainty of how federal authorities are going to handle future sales. Despite the Jan. 1st legalization of recreational use and sales in the Golden State, cannabis is considered an illegal crop from the top-down under the Controlled Substances Act, and as a Schedule I narcotic, it’s one of the most most heavily regulated – despite being one of the most commonly-cultivated and sold. And it’s going to be extremely difficult to move away from that given its history with illicit sales and use.  Continue reading

When it comes to air travel and marijuana, it’s unlikely the latter will be joining the “mile-high club” anytime soon. Although state-level marijuana laws have relaxed substantially in more than two dozen states, airline travelers traveling to and from other states and even countries (like Canada) where the drug is legal probably still can’t take legally their weed with them – with some key exceptions.california marijuana lawyer

As California marijuana lawyers can explain, the biggest problem has been the continued federal prohibition on the drug. Under the Controlled Substances Act defining cannabis as highly addictive and dangerous with no recognized medicinal purpose, those who possess, distribute and transport the drug have committed crimes – even if it was all perfectly legal under state law. This conflict has impacted everything from banking to commercial leasing to business partnerships.

Airline travel is just one more area in which the industry and its consumers need to be mindful. When in doubt, be exceedingly cautious. Check out the policies of airlines both at your departing location and destination city.  Continue reading

Long-time California cannabis attorneys advocating for cultivation, production, sales and possession have long been fighting fear-mongering and stigma where the plant is concerned. Still, one of the oldest – and frankly more compelling –  arguments against legalizing the drug is that marijuana has innate chemical properties that induce a powerful psychosis. Of course, for most people, that effect wears off quickly. However, for certain persons with genetically predisposed conditions, there could be a higher risk of acute, long-term psychosis.California marijuana lawyers

Furthermore, frequent use of more potent pot strains heightens the danger for these individuals.

Sounds scary, right? Certainly, it’s something that businesses in the marijuana trade would want to be aware, as it creates the potential for a civil product liability lawsuit. With popular support of legal cannabis only swelling, it’s not clear a small percentage risk will make a huge dent in sales, but given the gravity of the alleged condition, it’s worth exploring. But before anyone gets too paranoid, marijuana attorneys in L.A. urge a bit closer look. What you don’t see at first glance is:

No. 1. It was marijuana prohibition that pushed the plant to contain higher concentrations of Tetrahydrocannabidinol (THC), the chemical that gets you high.

No. 2. The regulation of marijuana, which includes caps on potency and lowers the risk of criminal penalties for selling or possessing larger quantities means it should not (and does not need to be) so potent. Newer strains sold in dispensaries might be slightly “weaker” than what you’re used to on the street, but they also tend to contain more of the second major chemical, Cannabidiol (CBD), which counteracts psychosis AND has all sorts of medicinal properties. Continue reading

Since marijuana became lawful in California for medicinal purposes, small-scale possession has been largely decriminalized in most local communities. This is especially true now that marijuana has legalized recreational use of the drug as of this year with Prop. 64. However, cannabis possession remains unlawful as far as federal law is concerned and California’s new law doesn’t legalize every cannabis crime. As Orange County marijuana criminal defense attorneys know, reported arrests are still falling fast. The Orange County Register indicated that from 2016 to 2017, those in California facing jail or prison, serious fines and permanent criminal records dropped by nearly 8,000, according to information from the California Attorney General’s Office. However, a recent report printed by the Philadelphia Inquirer (republished by PoliceOne.com), marijuana arrests may be inflated in Federal Bureau of Investigation statistics. Orange County marijuana criminal defense attorneys

Let’s note firstly that Pennsylvania legalized medicinal marijuana in April 2016, and the drug is only available for those suffering from certain medical conditions. Unlike California, and numerous other states, it is not available for recreational sale, possession or use. Even with medicinal use being legal, the Philadelphia area has reported that marijuana arrests in the area have markedly increased in recent years. And yet, the spike being reported by the FBI’s Uniform Crime Reporting (UCR) program. The analysis reveals marijuana arrests as reflected in federal data may be inflated by as much as 70 percent.

Why the disparity? As our Orange County marijuana criminal defense attorneys understand it, it’s a result of local police agencies reporting every single situation in which people are caught with pot in – even if they aren’t ultimately arrested for that offense. Continue reading

The “War on Drugs,” specifically marijuana, has resulted in many casualties over the years,marijuana criminal defense including numerous deaths as a result of overly aggressive pursuits. The latest death out of Pennsylvania is evidence of how far we still have to go before we fully grasp the harm caused by hostile anti-marijuana stances. According to a report from American Civil Liberties Union, a man was run over by a bulldozer recently during a pursuit, after the man was allegedly caught growing a whopping 10 plants on state gaming property. The death was reported as accidental, but regardless it is an example of how needless and reckless brute force is in enforcing marijuana laws.

The small grow site was found after a game commission employee on the bulldozer was clearing brush and spotted a vehicle. He called the police after he investigated and found the marijuana plants. What followed was the definition of overreaction. Upon their arrival, police spotted two men emerging from the underbrush. They apprehended one, but the other escaped on foot. The 10 plants apparently warranted a full search with police and the game commission joining forces. Police officers called in a helicopter to search the surrounding area, while the game commission employee continued the search on the ground. Somehow, the suspect was caught up in the thick underbrush. Cause of death was listed as traumatic injuries caused by the force of the bulldozer. Continue reading

One of the benefits of expanding marijuana legalization across the country is that it has afforded an opportunity to correct themarijuana criminal defense disparity in marijuana arrests along race and socio-economic lines. These disparities have negatively impacted black people, Hispanics, and other oppressed groups. The efforts, however, are not producing immediately successful results. A report from New Frontier Data is showing that even now black and Hispanic suspects are arrested at nine times the rate of suspects who are white, despite the fact that data shows the three subgroups sell cannabis at similar rates.

According to the data, from 1997 to 2016, marijuana arrests made up more than 40 percent of drug-related arrests, totaling 15.7 million. Arrests overall from cannabis-related offenses have declined slightly in recent years, down from their height in 2007. This is likely reflective of states expanding marijuana legalization, though the numbers are not significantly lower than the overall average since 1997. For example, arrests for possession hit a low in 2015 of 575,000, but went up again in 2016 to 588,000, neither of which is much lower than 599,000 way back in 1998. Considering 30 states now allow provisions for medical marijuana and nine, plus Washington, D.C., have recreational laws on the books, these numbers should be improving more drastically over the 20-year-old stats.  Continue reading

At Cannabis Law Group, we discuss at length the groups who support marijuana marijuana criminal defenselegalization: from health organizations and doctors to veterans, cancer patients, and NFL players. Support crosses age groups, socio-economic status, race, and gender. A recent report from High Times, however, revealed some groups who do not support marijuana legalization, and it paints an interesting picture of those who have profited most off of the criminalization of this relatively benign drug.

Several of the groups on the list are, no surprise, involved in the arrest and incarceration of marijuana users. Law enforcement officials, for example, have received a great deal of funding over the years that was earmarked for the barbaric and misguided “War on Drugs.” Despite much more dangerous and lethal street drugs, marijuana users have always been a favorite target. It’s no wonder, considering the docile effect cannabis can often have on users, as opposed to the aggressive, violent, and hyperactive responses other drugs can induce. Marijuana has allowed police officers the ability to go after low-hanging fruit, pull in big numbers, and still get paid the same. Many police stations have also benefitted greatly from asset forfeiture programs, in which they line their budgets with money made off of auctioning seized property in marijuana raids. It’s not like there would even be a lack of work to be done. Without marijuana, officers will have to focus their time and resources on more risky areas, such as meth labs and opioid rings, which will be far more challenging. Continue reading

Cannabis legalization isn’t enough to protect someone from being arrested on marijuana criminal charges. Being onemarijuana criminal defense of the trailblazing marijuana business owners in the state isn’t even necessarily enough. Just ask the woman who opened Ventura County’s first legal medical marijuana dispensary. She has spent the last year and a half facing down charges for perjury, possessing and transporting marijuana, and maintaining a place to sell the drug. These charges, however, were recently dropped, freeing her to focus on her business at last.

The woman is also president of a collective in Ojai, Calif. The property of the collective and her own home in Ventura were raided in November 2016, just before Proposition 64 passed on the ballot. She lost many personal possessions in addition to property of the collective. At the time, the collective was operating under the guidelines of Compassionate Use Act of 1996, which regulated use and sales of medical marijuana in the state, but investigators said she was in violation of those rules, according to a Ventura County Star article. Continue reading