Articles Posted in marijuana arrest

Anymore when we talk about criminal charges for cannabis companies, it has to do either with unlicensed dispensaries or unlawful sales. Since the 2013 Cole Memo de-funded prosecution of state-legal marijuana businesses and especially since Prop. 64 nixed pot prohibition in the state three years ago, it’s rare that federal authorities will pursue charges against cannabis companies or operators in connection with their work.cannabis lab attorney

Recently, though, two California cannabis company top executives were arrested, their company also charged, for allegedly dumping 1,500 pounds of toxic waste in violation of U.S. Environmental Protection Agency regulations.

The indictment, filed last month in the U.S. District Court in the Southern District of California, notes a history of illegal dumping of waste material from the firm’s cannabis extraction lab. Specifically, drums of ethanol waste. Continue reading

Police and prosecutors across the country are grappling with questions regarding the impact of federal hemp laws on criminal marijuana investigations. As one state attorney in Florida put it: Legal hemp is going to make state-level marijuana arrests a whole lot tougher.marijuana arrest

Los Angeles marijuana criminal defense lawyers understand it comes down to the way marijuana trafficking investigations are so often initiated around the country: The ever-objective nose test.

To be fair, cannabis does have its own distinct olfactory properties. As many defense attorneys will tell you in states where the drug is still either banned entirely or restricted to card-carrying medical users, a sizable percentage of marijuana arrests begin with a traffic stop, detection of that aroma and a warrantless vehicle search. (These searches often yield items unrelated, such as other narcotics, firearms, etc.)

Historically, it’s been difficult for marijuana defense lawyers to dispute an officer’s sense of smell, especially where marijuana was indeed later found.

But now, virtually all arrests stemming from that common scenario are going to be called into question, if a memo from one state attorney is correct. Continue reading

Lawmakers, worker rights advocates, cannabis industry leaders and criminal defense lawyers are expressing outrage after a trucker hauling hemp was arrested on felony state charges in Idaho for transporting an unlawful substance across state lines from Oregon.truck accident lawyer

The incident occurred a month after the  2018 U.S. Farm Bill that legalized commercial hemp at the federal level went into effect. So long as the hemp contains less than 0.03 percent tetrahydrocanabidiol (THC), it is now legal under federal law for cultivation, production, transportation and sale.

The case underscored some of the worst fears expressed by trucking companies and drivers about hauling these products. Cannabis industry suppliers, carriers, vehicle owners, drivers and contractors scrambling to understand what happened, learn how to protect their operations and advocate for a driver who almost certainly didn’t think he was doing anything illegal. Continue reading

In California, vaping or smoking marijuana in public is not lawful. You’d be forgiven, however, if you didn’t realize that walking on any random strip in Southern California. Lighting up almost everywhere has become practically ubiquitous. Homeowners, renters and businesses have had their share of complaints. Some businesses have even posted explicit signage making it clear: No smoking allowed. Nonetheless, the smell wafts on near every corner. marijuana lawyer

Los Angeles marijuana lawyers know there has been an uptick among local law enforcement citations for smoking in public areas, particularly those nearby to schools, parks, restaurants, shops and in cars or boats. (No, you cannot light up in a car, even if you’re a passenger.) Police say many individuals aren’t familiar with this provision of the law, and even visitors who have come to the state on vacation end up leaving – well, not on probation, but with wallets $100 lighter. That’s the fine for public marijuana smoking in California.

Common areas in apartments and even balconies are forbidden spots for outdoor pot smoking, though that usually goes unchecked unless your neighbors complain. This restriction has become particularly burdensome for those who use the drug as medicine.  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

Arizona marijuana attorneys are asking the state supreme court to side with their argument that the state’s medical marijuana law makes no distinction between cannabis edibles, liquids, dried flowers or leaves. The appeal follows a decision by the Arizona Court of Appeals, which upheld the marijuana possession conviction of a man found with 0.05 ounces of hashish, for which he was sentenced to 3.5 years in prison (for drug possession and possession of drug paraphernalia). Defendant had obtained the hashish (cannabis plant resin) and jar from a legal dispensary in Maricopa County.criminal defense

The state allows regulated dispensaries to distribute medical edibles and liquids to be sold for medical use. The 2010 Arizona Medical Marijuana Act allowing one to obtain up to 2.5 ounces of marijuana twice a month, something more than 174,000 people qualify. Defendant’s attorneys are arguing that the active medicinal ingredient in the plant is the resin, and that the law doesn’t expressly exclude certain parts of the plant. There is no provision that says only the flower or only the leaves are allowed. The law defines marijuana broadly to include all parts of any plant of the genus cannabis, whether growing or not, and the seeds of such plants.

In State v. Jones, both sides disagreed as to whether hashish was included within the immunities of AMMA. Citing a previous state supreme court case from the late 1970s, the appeals court noted the legislature recognizes marijuana and hashish as two distinct forms of cannabis, and that the differing forms of treatment between marijuana and hashish have to do with its potency and rendering it susceptible to “serious and extensive abuse.” The state’s medical marijuana law makes no mention of hashish one way or another. Continue reading

Technology is playing a big part in reclaiming the lives of California residents who were adversely affected by past marijuana arrestcannabis convictions. In San Francisco, for example, Code for America is assisting the District Attorney’s office in identifying people eligible to have their marijuana arrest records cleared, according to a report by Fast Company. The organization created an algorithm that could scan old case files for qualifying criteria. The system then takes it a step further by filling out the necessary paperwork, as well.

This is a huge victory for communities hit hardest by the politically motivated and often misguided “War on Drugs.” Minority communities and neighborhoods have historically been targeted the hardest when it came to convicting for marijuana use, while similar crimes in predominantly white communities were largely ignored. This has left a trail of destruction for predominantly black areas, with families broken apart by loved ones serving jail time and futures being damaged. It is more difficult for those with convictions on their records to find good work and obtain housing, meaning that even once people have fulfilled their punishment, they can be haunted by their records years later. Continue reading

Prop 64, or the Control, Regulate, and Tax Adult Use of Marijuana Act, does a lot more than the title might suggest. In addition to legalizing marijuanamarijuana criminal defense in California (and regulating and taxing), it offers a unique opportunity for the state to make reparations of sort to the people and communities who have suffered the most from the destructive “War on Drugs,” which turned out to be more of a slanderous attack on marijuana and an assault on minorities.

According to ACLU, most drug arrests between 2001-2010 were for marijuana, and a whopping 88% of those were for possession. Worse yet, black people were more than 3 times as likely to be arrested for marijuana-related crimes than white people despite having almost equal rates of use.

San Francisco and San Diego are leading the way in the state toward making amends for past marijuana-related crimes. The city’s district attorneys are proactively reviewing cases on the books and expunging misdemeanors that are no longer crimes, giving those who previously have been punished a clean slate. They also are checking for charges that can be reduced to lesser crimes.

But what about the rest of the state? Continue reading

An internal U.S. Justice Department video of a private event forum that included agency interns and the U.S. Attorney General Jeff Sessions revealed a terse exchange between Sessions and interns who dared to question his stance on federal marijuana policy.marijuana lawyer

ABC News reports that while Sessions has insisted on numerous occasions that the federal justice system must be based on law and facts – casting politics aside – he apparently made his political views on legal marijuana crystal clear during this event – even going so far as to mock an intern who pressed him on it.

During the forum, Sessions was asked by one intern for his reasons to support “pretty harsh policies” when it comes to legal marijuana, while simultaneously backing relatively lax gun control measures, given that possession and use of firearms has been proven to result in far more deaths than marijuana. Sessions responded by saying that more fatal accidents are caused by drugs than alcohol (though this is an oversimplification on the research on this front) and that marijuana is undoubtedly unhealthy substance, per the findings of the American Medical Association. Continue reading

Driving under the influence of marijuana has become a hot-button issue in recent years.  With marijuana being legal for medical and recreational use, police and some lawmakers are concerned there will be many more incidents of people driving while under the influence of marijuana in Los Angeles.

arrest marijuana LAWhile it should be noted that many studies that compare the effects of driving while on alcohol versus marijuana show that driving under the influence of marijuana is not nearly as dangerous as driving while drunk, it is not safe to drive when under the influence of marijuana.  However, one major issue is determining if someone is driving under the influence of marijuana, and if so, what is the level of intoxication. Continue reading

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