Cannabis Law Group's Medical Marijuana Legal Blog

October 8, 2011

Feds Push Medical Marijuana Charges in Orange County Crackdown

Four U.S. Attorneys announced Friday the feds are cracking down on medical marijuana in California — a move that has made national news.

The U.S. Attorneys Office for the Central District of California announced the enforcement actions are being directed at commercial marijuana operations and include criminal drug trafficking enforcement, property forfeiture lawsuits and warning letters to landlords.

Our Orange County dispensary defense lawyers encourage you to get qualified legal help and prepare to stand and fight. Bullying and scare tactics from the feds are just that. As we reported recently on our Marijuana Lawyer Blog, medical marijuana was legal in the United States until a power play by the feds in the 1930s. California was the first state to reassert its rights with the passage of the Compassionate Use Act of 1996. Since then, 15 other states have legalized marijuana for medical purposes.

California’s four U.S. Attorneys announced the crackdown in a joint release on Friday. Already, raids of eight Orange County marijuana stores have been conducted. The feds announced the operate targeted “commercial grow operations, intricate distribution systems and hundreds of marijuana stores across the state.”

Mmm. Yeah. That’s because medical marijuana is LEGAL in California guys. The feds are conducting the crackdown under the authority of the federal Controlled Substances Act, which prohibits the sale and distribution of marijuana.

“It is important to note that for-profit, commercial marijuana operations are illegal not only under federal law, but also under California law,” said United States Attorney André Birotte Jr. “While California law permits collective cultivation of marijuana in limited circumstances, it does not allow commercial distribution through the store-front model we see across California.”

Initial enforcement actions include:

-A criminal indictment that charges six people with marijuana trafficking. The feds allege they generated $15 million in profits in 8 months.

-The filing of civil forfeiture lawsuits against three properties and a related seizure of more than $135,000 from the bank account of one property owner.

-Warning letters sent to the operators and landlords of 38 marijuana stores.

It’s time to stand and fight. Medical marijuana dispensaries need to understand that operating without a law firm on retainer is a poor choice. There are many moves an experienced dispensary defense lawyer can make on your behalf. Protecting bank accounts and non-profit status is just one issue that should be addressed.

Medical marijuana collectives have rights under state law. The government can charge you with whatever it wants. All that matters is what you are convicted of in a court of law. Having experienced legal help on the front end can often save you time and money in the long run and may even prevent charges or government harassment.
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October 7, 2011

Feds Threatening Crackdown on Medical Marijuana Dispensaries, Landlords in Los Angeles

By Cannabis Law Group

The feds have landed.

The Los Angeles Times is reporting that federal prosecutors are moving to shut down medical marijuana dispensaries throughout the state. The feds have sent letters to landlords, warning them to stop drug sales on their properties within 45 days or risk property sale and seizures.

Our Los Angeles medical marijuana defense lawyers are closely following this issue. As we reported recently on our Marijuana Lawyer Blog, the conflict between state and federal law continues to surface in medical marijuana court decisions across Southern California.

The specter of federal marijuana dispensary charges in Los Angeles is real. Despite initial indication from the Obama Administration that the feds were not looking to enforce laws contrary to medical marijuana patient rights, the federal government has steadily moved toward stricter enforcement. We reported earlier this year that the Internal Revenue Service was getting involved in going after medical marijuana dispensaries in Southern California.

This latest move is seen by many as a major escalation in federal enforcement after the previous announcement led to a boom in marijuana-related businesses.

“It’s basically the federal bureaucracy doing what it has done for the last 15 years and just continuing to put its head in the sand and saying no on this,” said Dale Gieringer, the director of California NORML.

The four U.S. attorneys have scheduled a press conference Friday morning in Sacramento, where they plan to outline the enforcement plans. Earlier this year, an internal memo suggested the feds would primarily target large-scale growers and dispensaries — those handling more than 200 kilos or 1,000 plants per year.

The landlord for the oldest dispensary in the state — Marin Alliance for Medical Marijuana in Fairfax– is among those who have received a letter. That letter mentioned the prohibition against dispensaries within 1,000 feet of a park or other sensitive areas.

“There’s always been a different policy depending on where you are,” said Gieringer. “They’re going to try to clean up San Diego and just cause some random damage up here.”

While running for president, Obama said the government should not raid users and caregivers. It became the administration’s official policy three months after he was elected. Since then, the feds have consistently backpedaled from that stance.

The U.S. Attorney in the Bay Area opposed moves by Oakland and Berkeley to permit large-scale cultivation. These latest letters are just one more indication that the government is saying one thing and doing another when it comes to medical marijuana.
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October 6, 2011

Long Beach Medical Marijuana Victory a Hazy Win for Dispensaries

By Cannabis Law Group

An Appeals Court decision found the Long Beach medical marijuana ordinance violates federal law — a ruling which could force Los Angeles officials to again re-write the city’s ordinance.

Our Long Beach marijuana defense lawyers continue to press these court cases across Southern California. As we reported recently on our Medical Marijuana Lawyer Blog, a case in Anaheim does not appear to be leaning in favor of the rights of dispensaries and their patients. But make no mistake about it: Dispensaries are winning battles. In some cases, the court is recognizing only the rights of those who fight instead of folding up shop. We believe the rights of dispensaries, collectives, growers and patients will be upheld in the end. But the need to fight ordinances at the local level has become paramount.

The Los Angeles Times reports that the court ruling takes the city to task for holding a lottery and charging fees — which put it in a position of authorizing the distribution of marijuana in violation of federal law. Medical marijuana use has been legal in California since 1996. However, marijuana remains illegal under the federal Controlled Substances Act.

Los Angeles continues to tweak and change its ordinance — court loss after court loss. However, the city acted in a similar fashion — charging fees to hopeful dispensary operators for registration. A lottery clause is also part of the Los Angeles ordinance.

Other cities — including Oakland and San Francisco — have ordinances that require permits — a system that essentially puts a city in charge of sanctioning dispensary operation. Many cities also have used the process as an excuse to charge high fees.

The fees are unfair. No doubt. But they are unlikely to come close to covering the legal fees of cities and counties that continue to trample the rights of medical marijuana patients and collectives by enacting such ordinances. The Compassionate Use Act of 1996 permits medical marijuana under state law. Unfortunately, local government politicians continue to spend millions throwing up roadblocks and attempting to thwart the will of the voters.

This decision, by the Second District Court of Appeal in Los Angeles calls into question the legality of such systems. Unfortunately, it also brings up the specter of violation of federal law — which continues to be the elephant in many courtrooms where medical marijuana rights are being discussed.

And the decision did not prohibit cities from placing limitations upon dispensaries, such as where they may be located. But a Los Angeles city attorney did indicate the ruling would prohibit the city from holding a lottery for dispensary owners.

“Anything that a city tries to do that advances or authorizes a collective is federally preempted,” said special assistant city attorney Jane Usher, who also attempted to make a minor distinction between Long Beach’s permit process and Los Angeles’ registration process.

Meanwhile, Long Beach must either appeal to the California Supreme Court or redraft its ordinance.

Others are concerned the decision could lead to more bans. Cities that are not permitted to permit and regulate, may just choose to ban.
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October 2, 2011

Study Concludes that Closing Medical Marijuana Dispensaries in Los Angeles Increases Crime Rates

By Cannabis Law Group

A recently released study concluded that as medical marijuana dispensaries in Los Angeles close, crime rates climb, according to CBS NEWS.

This study challenges a number of claims that have been made by local and state law enforcement agencies that these storefronts raise crime rates.

The report that was conducted by RAND Corp., examined crime reports from the 10 days leading up to the shutdown of clinics and 10 days after their closure when the city passed a strict new ordinance. All of this data concluded that crime rates increased roughly 60 percent with a three block radius of a dispensary that was closed in comparison to an area with a dispensary that remained open.

Our Orange County medical marijuana lawyers understand that collectives and dispensaries provide a vital service to residents throughout the state. Law enforcement agencies continue to place rules, regulations and bans in an attempt to keep some false sense of empowerment. The truth is that the medical marijuana industry is thriving and many residents rely on the service of these companies to treat serious medical conditions.

“If medical marijuana dispensaries are causing crime, then there should be a drop in crime when they close,” said Mireille Jacobson, who is a RAND senior economist and was the lead author of the study.

Jacobson also says that individual dispensaries may have the ability to attract crime in a neighborhood as any individual business can, but there has been no evidence that proves medical marijuana dispensaries cause neighborhood crime to rise.

According to Los Angeles City Council, crime in areas with these dispensaries is a huge concern. As a matter of fact, the theory that dispensaries bring crime was the main contributor that caused council members to raise restrictions and eventually close these businesses down. Local law enforcement officials claimed that these companies influence crime because the dispensaries deal with a lot of cash at a time and that thieves are attracted to the buildings because marijuana can be stolen and resold.

In June of 2010, there were two dispensary employees who were killed during two separate robberies in the city.

According to Lee Baca, Los Angeles County Sheriff, almost every single dispensary in the city operated as a criminal enterprise last September. This was a claim that didn’t sit well with those who support medical marijuana. These supporters say that this claim was just another scare tactic used by enforcement officers to sway public views.

James Shaw, a member of the Union of Medical Marijuana Patients, says that local officers have simply created this theory that there is more crime in areas with dispensaries and collectives.

Throughout the recent study, crime reports from more than 600 dispensaries in Los Angeles County were examined. Of these 600 reports, more than 400 dispensaries had been forced to close and only 170 were permitted to stay open. The study concluded that there was less crime in areas closer to these clinics. Within just 6 blocks of a dispensary that had been closed, the crime rate rose by nearly 25 percent.

Researchers believe that the crime rate increased once these stores closed because of the security cameras. Once these shops were gone, so were there cameras and so were the patrolling officers.

The City’s attorney’s office doesn’t agree with this study, saying it’s all wrong!

The office released a statement that said that the conclusions of this study were based on false assumptions, untested data, incomplete results and irrelevant data.
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September 30, 2011

Medical Marijuana Dispensary in Encino Stopped by City Officials

By Cannabis Law Group

According to the Los Angeles Times, the City’s Attorney’s Office is making an attempt to stop a medical marijuana dispensary in Encino from operating before it even opens.

The Los Angeles City’s Attorney’s Office is looking to file an injunction against the operators of the medical marijuana company, JEP Collective. The Office is also seeking an injunction against the owners of the shopping center that was going to rent space to the business. The stopping center is located on Ventura Boulevard. The city is looking to stop the company before it opens because council members say that the owners of the company and the shopping plaza were going to violate a number of the city’s zoning codes as well as the state narcotics abatement law.

Our Las Angeles medical marijuana lawyers understand that city officials across the state continue to throw bogus rules and regulations at these companies. Dispensaries and collectives are both part of a huge industry that the state needs to embrace. Comprehensive reform has the ability to benefit the patients, the owners, the city and the state if executed properly. Strict rules, bogus regulations and complete shutdowns are no way to treat an industry that offers so much to the state. Many times these regulations hurt residents the most as they’re unable to obtain critical treatment for a number of diseases, disorders and illnesses.

The injunction was filed after the city attorney’s office found out that the shopping center had approved a lease application for one of its units for the medical marijuana dispensary. This specific shopping center is located approximately 200 feet from the St. Cyril’s Catholic Church. Also located just 400 feet away is the Valley Beth Shalom synagogue. Both of these establishments conduct classes and services for children on their properties.

According to Los Angeles city law, medical marijuana dispensaries are prohibited from operating within 1,000 feet from libraries, churches, schools and parks.

Under the Medical Marijuana Program, the Compassionate Use Act of 1996 and Proposition 215, patients that are under medical care and primary caregivers are allowed to cultivate and possess marijuana. This only comes after certified physician’s approval and recommendation and after the patient received a county-issued marijuana health card.

Medical marijuana has been approved to treat any number of medical conditions, including the following:

-Arthritis
-Cancer
-Arthritis
-Migraines
-Seizures
-AIDS
-Glaucomna
-Muscle spasms
-Anorexia
-Seizures
-Nausea
-Cachexia
-Chronic pain
According to Los Angeles Cannabis Clubs, in addition to California, medical marijuana has been accepted in 12 other states across the U.S.
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September 29, 2011

California Medical Marijuana Patients Stopped by TSA in Indianapolis

By Cannabis Law Group

Airport police in Indianapolis seized medical marijuana from a 36-year-old California breast cancer patient, according to the Indianapolis Star.

Our Costa Mesa medical marijuana attorneys are closely following the issue of legal problems that arise when a California medical marijuana patient crosses state lines. Even when crossing from California to Nevada (both states have medical marijuana laws), a patient can find himself in legal trouble. Either because of differences in state laws or because the patient’s medical marijuana card is only good in one state.

Driving under the influence of drugs is another area of the law where a medical marijuana patient may be subjected to unfair arrest or detention.

In this case, the Transportation Security Administration reports that a screener found the marijuana in luggage passed through an x-ray machine at Indianapolis International Airport. Marijuana and a pipe were found inside a pink case. Screeners claim an alarm prompted them to search the bag.

The 36-year-old Van Nuys woman told police she had breast cancer and showed them her medical marijuana card. Authorities told her possession was still illegal in the state of Indiana. While she was not charged, the pipe, case and marijuana were confiscated and authorities indicated they planned to destroy the items.

As we reported recently on our Marijuana Lawyer Blog, law enforcement has apparently run out of real crime because authorities have begun targeting drivers they think are operating under the influence of marijuana.

Make no mistake about it: Whether authorities like it or not, California medical marijuana patients have rights. There is nothing saying they must stop driving. There is nothing saying they should be exposed to harassment from every bored cop in Southern California. Marijuana can remain in a person’s system for up to 30 days — long after its effects have dissipated. Just because someone tests positive for the presence of marijuana does not mean that he or she is driving under the influence of drugs.

The charge is nearly impossible to prove, in other words. And a driver should always consult an experienced Los Angeles criminal defense lawyer.
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September 21, 2011

Governor’s Veto No Sign of End to Meddling with Medical Marijuana Rights in Southern California

By Cannabis Law Group

The fight over control of California’s medical marijuana industry continued this week when Gov. Jerry Brown vetoed a measure that would prevent medical marijuana dispensaries in Los Angeles and elsewhere from operating within 600 feet of homes.

The Los Angeles Times reported the governor cited the rights of cities and counties to regulate the measure in rejecting the statewide law. Our Los Angeles marijuana defense lawyers continue to watch as government at all levels — city, county, state and federal — makes a mockery of the will of the voters.

The deservedly maligned Los Angeles medical marijuana ordinance mandates a 1,000-foot buffer from schools, public parks, churches or other protected areas and prohibits dispensaries from being located next to or across the street from homes.

September 17, 2011

History of Marijuana: Long History of Legal Use Until Prohibition

By Cannabis Law Group

Authorities busy cracking down on medical marijuana use by sick patients want you to believe they are just enforcing the law as it’s always been. They don’t want to listen to voters. And they don’t want to abide by the Compassionate Use Act of 1996.

But the truth of the matter is that marijuana was grown on large plantations in the United States until the 1920s. Not until after prohibition, when the nation banned alcohol, did marijuana become illegal. Alcohol was re-legalized a decade later — medical marijuana remained illegal until California became the first state to legalize it shortly before the turn of the century.

Our Southern California medical marijuana attorneys want you to have the truth. And the truth is that marijuana has been used legally by residents of nations the world over for thousands of years. It was illegal for about 50.

Time Magazine reports marijuana was used in China as early as 2737 B.C. for the treatment of a number of ailments, including gout and malaria. There is even some evidence that marijuana was the first crop grown using the founding techniques of modern agriculture. Agriculture, in term, gave birth to modern society.

Not until the end of the 1800s, when as much as 5 percent of the population became unwittingly addicted to morphine used in medicines, did the tide begin to turn. In 1906, the Pure Food and Drug Act was created. The act brought the distribution of opium and morphine under the control of doctors — it was this regulation of chemical substances that was a major shift in U.S. drug policy.

In 1914, drug use was defined as a crime under the Harrison Act. To bypass the rights of states, the feds used a tax of non-medicinal use of drugs and punished those who used drugs without paying the tax. By 1937, 23 states had outlawed marijuana and the federal government passed the Marihuana Tax Act. Even if they couldn’t spell, the act made nonmedical use of marijuana illegal.

In World War II, the government grew huge hemp crops to supply the Navy with rope. Not until the 1950s, when Congress passed the Boggs Act and the Narcotics Control Act, were criminal penalties for marijuana defined.

Less than 50 years later, California became the first state to take back its rights — legalizing marijuana use for medical purposes. Since then, 16 states have legalized medical marijuana: Alaska, Arizona, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Virginia and Washington.
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September 16, 2011

Riverside Medical Marijuana Attorneys Watching Inland Empire Case

By Cannabis Law Group

The tentative opinion of the Fourth District Court of Appeals in the case of the City of Riverside v. Inland Empire Patients Health and Wellness is unfortunately not favoring the Riverside medical marijuana dispensary.

The dispensary appealed a trial court finding, which upheld the city’s right to shut down the dispensary after declaring it a public nuisance. The case is one of a handful being watched by medical marijuana dispensary attorneys in Riverside and elsewhere in Southern California.

As we reported recently on our Marijuana Lawyer Blog, dispensaries must continue to stand and fight against the local, state and federal interests that continue to infringe upon the rights of medical marijuana patients and collectives granted by voters in 1996.

Inland Empire Center is contending Riverside’s ban on medical marijuana dispensaries is preempted by state law — including the Compassionate Use Act of 1996 and the Medical Marijuana Program.

The court’s tentative opinion sides with the city.

Inland Empire Center opened in Riverside in 2009. The city sued the dispensary operators and the landlords. The city sent a letter claiming code violations before filing suit. The trial court granted the city a preliminary injunction in November 2010.

The appeals court was asked to overturn the injunction on the grounds that the trial court abused its discretion. The court said at issue is whether Riverside’s zoning rule is valid and enforceable. And whether the dispensary met its legal burden to show state law preempts the local ordinance, which it has failed to do in the case, according to the tentative opinion.

Also at issue in this case is the city’s contention that a clinic next door was involved with the medical marijuana dispensary. Both were owned and/or operated by the same people. Doctors are not permitted to refer to clinics, which may also be a non-profit violation.

Oral hearings in the case are pending.
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September 13, 2011

Disastrous L.A. Medical Marijuana Ordinance cited in Push to Reduce City Council to Part Time

By Cannabis Law Group

Our Los Angeles medical marijuana defense lawyers note a recent L.A. Daily News article by Kevin James, which suggests reducing pay and benefits of council and making it a part-time position.

We think the idea has merit. A look at the disastrous L.A. medical marijuana ordinance is a good example of council’s recent work. With the city facing critical budget shortfalls and other serious public health and safety issues, council has spent or will spend millions in tax dollars defending an ordinance it has repeatedly modified in an attempt to survive more than 50 lawsuits. All to address an issue voters settled more than 15 years ago. Combine that with the fact that the entire state nearly legalized marijuana altogether, and voters have clearly spoken.

Meanwhile, taxpayers are forking over $1.7 million per year per council seat. The L.A. City Council is the highest paid in the nation — each member receives $178,789, as well as a car and a $100,000 taxpayer funded slush fund. Council employs a staff of more than 300. Changing council to part time — as has been done in Washington D.C. and New York City, would also open up council to working professionals and help provide city hall with a much-needed dose of the real world.

Six of the 10 largest cities in the nation are run with part-time councils. And James reports that the L.A. council members only work part time anyway — rotating through meetings to keep enough members in attendance to conduct business while providing each member with the maximum available time off.

“Los Angeles today is a city in secular decline. Its current political leadership seems determined … to leave behind a dense, government-dominated, bankrupt, dysfunctional Athens by the Pacific,” wrote Joel Kotkin, an urban development professor, in a recent piece in The Wall Street Journal.

James notes the city’s medical marijuana ordinance as one of council’s most egregious failings and points to the full-time positions as promoting corruption. More than half of council members have faced conflict-of-interest or ethical allegations and the Center for Governmental Studies’ report, “Money and Power in the City of Angels,” found that the L.A. Council votes unanimously more than 99 percent of the time.

The reported noted such unanimous decisions make it difficult or impossible to link votes to campaign contributions.
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