Articles Tagged with California cannabis attorney

Marijuana has created a confusing legal vortex for the enforcement of impaired driving laws. In contrast to alcohol, there is no set blood level at which a driver is legally impaired by marijuana. California’s new recreational marijuana law also makes it more difficult for an officer to determine whether a driver has exceeded the allowable limit of marijuana for personal use. Finally, federal law makes the transportation of any amount of marijuana a federal crime. While the Department of Justice has not, historically, expended funds for the prosecution of defendants who were following state law, this is a policy choice which is subject to change with each new administration. cannabis DUI lawyers

The Preliminary Determinations in a DUI Investigation

Before determining if a driver is impaired, law enforcement officers must first determine whether the driver has a legal right to possess or consume marijuana at all. Prior to November 9, 2016, California drivers could only do so by the possession of a valid medical marijuana card. Now – with the legalization of recreational marijuana – any person in California may possess up to one ounce of marijuana or six plants. An officer who pulls over a California driver on suspicion of DUI must therefore first determine: (a) if there is marijuana in the vehicle, and (b) whether it exceeds the legal limit.

While Californians may have a right to possess marijuana, it is still illegal to drive with an open container of marijuana in the vehicle. According to the Sacramento Bee, this applies to any receptacles or marijuana products that are open, have previously been opened, or have a broken seal. Continue reading

When California legalized medical marijuana in 1996, this was a very progressive move that separated the state from the rest of the nation in many ways.  From then until now, more and more people across the country have come to support the legalization of marijuana.  This was first an effort to legalize medical marijuana, and now many are supporting the legalization of marijuana for recreational use as well.

marijuana budsAccording to a recent news article from Washington Post, a new survey is showing that public support for legalization of marijuana was at the highest it has ever been in 2016.  This does not mean it is sloping down this year, as the survey only included results through 2016. Continue reading

As discussed in a recent news article from The Fader, one medical marijuana producer is partnering with another large company to turn a closed California state penitentiary into a large medical marijuana farm. The company with which he has chosen to partner is a well known manufacturer of medical marijuana oils and extracts.  Extracts are a growing sector of the business and they can be sold directly to patients or used by those who manufacture edible marijuana products.

handcuffs6The prison that will house this new marijuana farm is the Clermont Custody Center located in Coalinga, California.  It was purchased by this investor for just over $4 million and a restructuring of county debt in the amount of $3.3 million.  Continue reading

California was the first state to legalize medical in the nation.  Since that time, around half of the states and the District of Columbia have followed in California’s footsteps and some have even gone so far as to legalize marijuana for recreational use.  This November, in addition to the hugely important presidential election, voters in California will be voting on Proposition 64.  This ballot initiative, if successful, would legalize marijuana for recreational purposes in the state.

marijuanaplantsWhile this is good news to many, some in the medical marijuana community aren’t supporting this effort according to a recent news article from the Los Angeles Times.  One medical marijuana dispensary operator who was interviewed as part of this article discussed some of her concerns. Continue reading

At a quinceanera in San Francisco, 19 people were sickened – including a 6-year-old child – after reportedly consuming gummy candies that were available as refreshments at the birthday festivities. gummy

Now, investigators with the San Francisco Police Department have said they believe the “candy” was in fact a form of edible marijuana and they are exploring whether the candy might have been placed there intentionally.

If it is shown the candy was knowingly placed there as a means to harm children, officials said, that would be, “a serious crime.” Still, officials said they wouldn’t rush to that assumption. Thirteen of the 19 people who fell ill were under the age of 18, with the youngest being just 6-years-old. The party was for a 15-year-old girl.  Continue reading

Contact Information