California medical marijuana advocates are calling for new laws to clarify the rights of patients, growers and dispensaries amid an increasing amount of police backlash and interference from amateur politicians at the local level.
Our Los Angeles medical marijuana collective attorneys continue to provide aggressive defense representation in L.A., San Bernardino, Riverside and the surrounding areas. In many cases, local politicians have repeatedly defied their own legal advice, and passed measures that will cost taxpayers millions in unnecessary legal fees. In other cases, law enforcement agencies, including the Los Angeles County Sheriff’s Office, continue to make statements and/or take enforcement actions that fly in the face of the state’s medical marijuana law, which was established by the will of the voters more than 15 years ago!
Some think the marijuana industry needs to be permitted to operate as a for-profit business. As it stands right now, the California Attorney General has issued an opinion requiring them to remain non-profit. However, a number of cities have passed taxation measures against the legal advice of their own counsel; cities are not permitted to tax nonprofits.
Raids are commonplace. And some dispensaries argue the laws are vague and fail to define how cash flow should be accounted for. Never mind the fact that nonprofits need to file with the IRS and growing or selling marijuana remains illegal under federal law. The vague financial laws resulted in one pot operator being charged with felony money laundering.
The Sacramento Bee reports Assemblyman Tom Ammiano, D-San Francisco, intends to introduce a bill that would create a state oversight program to regulate dispensaries and the delivery of medical marijuana to users.
Enforcement is spotty, random and harassing. In Sacramento, police consider enforcement actions against dispensaries and other marijuana businesses to be a low priority. But sporadic raids frequently result in allegations of for-profit sales or sales to patients without a license.
The CANNABIS LAW GROUP is a law firm dedicated to the rights of medical marijuana patients, collectives and growers and has built a reputation for high-powered, aggressive legal representation of the medical marijuana industry in Southern California. Call 714-937-2050 for a confidential consultation to discuss your rights.